TERMS AND CONDITIONS
1. Introduction:
Welcome to foodaani.com/barcode also hereby known as “we", "us" or "BARCODE". We are a restaurant and this platform is to provide online food delivery from BARCODE Restaurant and these are the terms and conditions governing your access and use along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by BARCODE
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
2. Conditions of Use:
(a) Your Account
To access certain services offered by the platform, we may require that you create an account with us or provide personal information, includes Name, Phone Number, and Address, to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information, you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password
(b) Privacy:
Please review our Privacy Agreement, which also governs your visit to the Site. The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.
(c) Platform for Communication:
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase food from BARCODE listed at the price indicated therein at specific time mention in the site from the location allowed by the site, using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of food on the Site shall be a strictly bipartite contract between you and the BARCODE on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
(d) Continued Availability of the Site:
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Restrictions
(a) Activities Prohibited on the Platforms:
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. BARCODE reserves the right to investigate and take appropriate legal action against anyone who, in BARCODE sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
i. using the Platforms for any purpose in violation of local, government laws or regulations;
ii. posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
iii. posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BARCODE in its sole discretion or pursuant to local community standards;
iv. posting content that constitutes cyber-bullying, as determined by BARCODE in its sole discretion;
v. posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
vi. posting anything that may be “spam,” as determined by BARCODE in its sole discretion;
vii. impersonating another person when posting content;
viii. harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
ix. allowing any other person or entity to use your identification for posting or viewing comments;
x. harassing, threatening, stalking, or abusing any person on the Platforms;
xi. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of BARCODE, exposes BARCODE or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
xii. encouraging other people to engage in any prohibited activities as described herein.
xiii. BARCODE reserves the right but is not obligated to do any or all of the following:
§ investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
§ remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
§ suspend or terminate a user’s access to the Platforms or their BARCODE Account upon any breach of these Terms;
§ monitor, edit, or disclose any content on the Platforms; and
§ edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4. Intellectual Property:
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of BARCODE and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of BARCODE's trademarks on any other website not approved by us is strictly prohibited. BARCODE will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. BARCODE neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with BARCODE. Use of any materials on the Platforms is at your own risk.
5. Orders:
(a) Placing an Order:
i. When you place an Order with BARCODE web site and mobile app, BARCODE will confirm your order by sending you an acceptance notification. Where applicable, Orders will include delivery fees and any applicable tax (e.g., goods and services tax, value-added tax, etc.).
ii. Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
iii. Special Instructions – BARCODE reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, BARCODE reserve the right to proceed to prepare the Order in accordance with standard operating procedures. BARCODE shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.
(b) Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
(c) Cancelling an Order
Please contact us immediately BARCODE if you wish to cancel your Order after it has been placed. You can find the contact information from Contact Us page of the site You have the right to cancel your Order provided BARCODE has not yet accepted your Order.
(d) Refunds
i. Online Payment Orders
You have the right to a refund for a cancelled Order only if a BARCODE has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the BARCODE, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
ii. Cash-on-Delivery Orders
You have the right to cancel your Order only if BARCODE has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the BARCODE, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
(e) BARCODE reserves the right to cancel any Order and/or suspend, deactivate or terminate your BARCODE account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your BARCODE account and/or with your Order.
6. Price and Payment:
a) Prices quoted on the Platform shall be displayed in the Bangladesh’s national currency, i.e., TAKA and subject to applicable tax.
b) The way we display the prices of our Goods may vary depending on our outlets, and the prices reflected on our Platforms may:
i. include GST, VAT or such other equivalent tax; or
ii. exclude GST, VAT or such other equivalent tax.
c) A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
d) Delivery fees are chargeable on every Order unless:
i. you opt to collect your Order directly from the outlet (“Pick-Up”);
ii. you have a valid promotional or discount voucher and apply it at Checkout; or
iii. unless stated otherwise.
e) Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
f) You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
i. Our payment partner: SSL;
ii. Cash-on-Delivery; or
iii. Such other payment method we offer from time to time.
g) If you have existing credit in your BARCODE account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
h) After an Order is successfully placed, you will receive notification confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
i) Payment Methods
BARCODE reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. BARCODE does not store your credit card or payment information.
j) You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, BARCODE takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
7. Delivery:
a) Delivery Area:
Delivery area will be set by BARCODE will reserve the right to change the delivery coverage area time to time and no prior notice shall be provided by the BARCODE of any such area coverage changes.
b) Delivery Time:
BARCODE shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “NOW” or scheduled for a specific time as ‘Pre-Order’. An estimated delivery time will be provided to you in order tracking page, delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
c) Unsuccessful or Failed Deliveries:
i. In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
ii. No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, BARCODE reserves the right to cancel the Order without refund or remedy to you.
d) Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via contact information provided in contact us page immediately. In some cases, BARCODE may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
Vouchers, Discounts and Promotions
8. Vouchers, Discounts, Coupon, and Promotions:
a) From time to time, BARCODE may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
b) Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
c) Unless otherwise stated, Vouchers can only be used on our Platforms.
d) Vouchers cannot be exchanged for cash.
e) BARCODE reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
f) We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
9. Personal Information Protection:
You agree and consent to BARCODE collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.
10. Indemnity:
You agree to indemnify, defend, hold harmless BARCODE, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
11. Terminations:
BARCODE has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if BARCODE, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. BARCODE may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
12. Amendments:
BARCODE may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
13. Severability:
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
14. Laws:
These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction of People Republic of Bangladesh.
15. Prevailing Language:
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
