Terms and Conditions

This website (the "Site") is owned and operated by FoodMama Company. Your access to, use of, placing of an order, linking to the Site, use of software or downloading software on the Site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("Terms of Use"). If you do not agree with the Terms of Use, exit this Site.

Your Access to the Site constitutes your agreement to be bound by the Terms of Use and Privacy Policy. We collect, use and store data in accordance with our Privacy Policy. We reserve the right to amend the Terms of Use at any time without notice and you should periodically refer to them on this page and elsewhere on this site.

These Terms of Use apply to the use of this website ("Site"), and by accessing this Site and/or placing an order you agree to be bound by the terms and conditions set out below.

The Terms of Use of this Site do not affect your statutory rights as a consumer.

"You", "Your", “User” and “Users” means the person using this Site to order food, drinks and services are subject to these Terms of Use.

"FoodMama Company. ", "We", "Us", or "Our" means:

FoodMama Company Registered in Nigeria

1. Our Services

The purpose of this Site is to provide a simple, convenient and cost-effective service to hungry consumers, delivering food, drinks and services to them in their home/office. Interactive menus allow customers to build and submit orders at the click of a button.

Access to our Site can be restricted, removed, blocked or otherwise prevented at our sole discretion and without prior notice to you.

We commit to good standard of food preparation from our kitchen however; FoodMama company is not liable for inappropriate storage/use of food or alleged cases of food poisoning.

All pictures used in our APP are for illustrative purposes only and may be different to the actual produce

We regret that FoodMama company accepts no liability for, and is unable to offer refunds or compensation, based on inappropriate storage/use of food or alleged cases of food poisoning.

2. Placing an Order

After you submit an order to us, we will accept your order and tell you what the time of delivery would be. Once you accept our offer and you have paid for your order confirmation will be sent to you. Our rider will then ride to your door with smiles.

We require a valid Nigeria mobile phone number and a working email address from You as all communication regarding your order will be sent via email and SMS. You agree to take particular care when entering your phone number and email address and warrant that the information you supply is accurate. Incorrect personal details may lead to problems or delays in delivery. Neither FoodMama company nor our employees are liable to refund or replace your order if we are unable to contact you.

Once you accept your order confirmation, this constitutes an agreement between you and FoodMama company.

If You suffer from any allergies or intolerances, it is your sole responsibility to inform us when you are placing your order.

You can track the progress of your orders by viewing their Order Status on our App.

3. Delivery

When we accept your order, you will receive a push notification with a estimated time of delivery. You will receive another push notification to inform you that your order has been picked up and is on its way for delivery. Most of our order are delivered within a time frame between 20 and 75 minutes depending on the actual order. In case that your order is delayed you will receive a push notification stating reason and new delivery time.

FoodMama company will do everything we can to meet the delivery time estimated, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

All questions regarding food shown on this Site should be directed to the order@foodmama.ng.

FoodMama company shall not be held liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4. Price and Payment

All prices are subject to change and all food, drinks and services are subject to availability.

All prices are inclusive of VAT and stated in Naira.

FoodMama company accepts no liability for any losses, costs, damages, charges, or expenses arising out of incorrectly stated information.

FoodMama company have discretion to remove or alter special offers or discounts at any time without prior notice to You. FoodMama company accepts no liability for any loss you suffer as a consequence of removing or altering a special offer or discount and is unable to provide compensation.

Payment can be made through the Site using credit or debit card.

5. Cancellation

You have the right to cancel an order up to the point you have accepted the confirmed order and delivery time by us and been taken to our payment page. There is no cancellation possible after you have paid the order.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

FoodMama company reserve the right to cancel any order before or after acceptance. In the event that We decide to cancel your order we will inform you by SMS (or Push Notification, for App users). If You were signed in to a Gold member account at the time you place your order and you paid online, you may re-use the funds for your subsequent order. If you chose not to re-use the funds within the same day, if there are funds remaining after you re-ordered or if you were signed in as a guest, the funds will be refunded to you. Refunds can take between 3-5 working days, or longer, depending on your card issuer or bank.

Any orders placed after your access to our Site has been restricted, will be automatically cancelled and refunded. Refunds can take between 3-5 working days, or longer, depending on your card issuer or bank.

Once you receive your order, if you are unhappy with it for any reason you should contact Us in the first instance to attempt to achieve a resolution.

FoodMama company are unable to expedite the refund process beyond the timeframes stated above.

6. Disclaimers and Limitation of Liability

To the extent permitted by law, FoodMama company provides this Site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither FoodMama company nor FoodMama company directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.

We will make every effort to ensure all information displayed on Site and in our apps is accurate at all times however we are unable to guarantee all information is correct, up to date or complete

Data transmission over the internet is secure. We take steps to ensure security however you agree that submission of your data is at your own risk.

Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

7. Intellectual Property

You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trademarks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to FoodMama company or otherwise used by FoodMama company as permitted by law.

FoodMama company and the FoodMama company logo are trademarks of FoodMama company.

8. Indemnity

You must indemnify and hold harmless FoodMama company, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Site, any breach or violation of the Terms of Use of this Site or your violation of any law or your violation of the rights of any third party.

9. Availability

This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

10. Limitations of Use

This Site is intended to be accessed by persons located in the Nigeria and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.

By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site. If you wish you may contact our customer service line and ask us to update your details.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your access to our site.

User’s passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your account. If you know or suspect that someone has knowledge of your password then you should contact us by writing us by email info@foodmama.ng immediately.

You may not use the Site for any unlawful or unauthorised purpose, including without limitation:

* distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material

* transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

* Interfering with any other persons use or enjoyment of the Site.

* Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.

11. Feedback and User Submissions

We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

12. Customer Ratings

The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of customers who have ordered through the Site, and any statements, advice or opinions made by such customers are those of such customers only.

12. Special Discounts

Rates of discount may change without notice, and the offer may be withdrawn by FoodMama company without prior notice and with immediate effect. In such circumstances, all remaining discounts will be void and no compensation will be due.

The offer is available to FoodMama company Gold member accounts only, and can only be claimed by ordering through FoodMama company. One special Discount may be used per order, and the offer is non-exchangeable. The Special Discount offer may not be combined with any other promotional rate offer. Additionally, the Special Discount offer may not be available with certain items on our menu - typically, but not limited to the normal "specials offers" (also sometimes referred to as "meal deals") which can be ordered from our website/App.

13. Loyalty Points

Customers of our Site have the opportunity to collect Loyalty Points when ordering from our site/App.

Loyalty Points are earned when an order is placed with on our Site/App and the order is Accepted and delivered to you.

For each ₦100 you spend you will get 1 Loyalty point Once you have collected a total of minimum 100 points with a value of ₦100.00, You are able to redeem these Loyalty points off your next invoice or you can continue to save the point for a later date.

Rates of discount may change without notice, and the offer may be withdrawn from the whole of the Site without prior notice and with immediate effect.

Loyalty points have no cash value. The offer is non-exchangeable and may only be used as described in these Terms of Use.

14. Terms and Conditions for FoodMama company promotions

  1. Winners will be responsible for ensuring they are able to accept the prize, as set out and in accordance with these terms and conditions.
  2. Failure to claim a gift, prize or other promotional item by the time or in the manner specified for the particular promotion (or if no time is specified, within 28 days from the promotion closing date) will make any claim invalid and FoodMama company may re-allocate the prize. No responsibility is accepted for entries damaged, lost or misplaced and proof of posting will not be accepted as proof of delivery.
  3. Competitions and promotions are open to individual residents of Nigeria aged 18 or over, except employees of FoodMama company, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with this competition.
  4. Winners are selected at random, unless stated otherwise.
  5. Completion and submission of an online competition entry form will be deemed acceptance of these terms and conditions.
  6. The promoter reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, at its sole discretion, a competition is not able to be conducted as specified. The promoter reserves the right to substitute a prize of equal value in the event that circumstances beyond its control make this unavoidable.
  7. These terms and conditions are governed by the laws of Nigeria and are subject to the exclusive jurisdiction of the English courts.
  8. All standard terms & conditions apply

15. Termination

We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

16. Enforceability

If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

17. Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Site shall be governed by Nigerian law and any dispute shall be resolved exclusively in the courts of Nigeria.

If you have any questions regarding these Terms of Use or any aspect of our service please Contact us by email info@foodmama.ng

 

©2021 Foodmama Services. All Rights Reserved.