Terms of Service.

These Terms of Service ("Terms") govern your access to and use of the FooodDude mobile application, food truck portal and website (the "Service").This Service is owned and operated by FooodDude LLC.

Please read these Terms carefully before registering for or using the Service. By registering for or using this Service, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

  1. Parties and Acceptance

The Service is operated by FooodDude LLC. ("FooodDude"). These Terms are a binding contract between you and FooodDude regarding your use of the Service. "You" refers to users who are either food truck operators ("Operators") or food truck customers ("Customers").

  1. Description of Service

FooodDude provides a platform through a mobile app and website that allows Customers to locate nearby food trucks, view menus and pricing, and pre-order meals for takeaway. It allows Operators to register their food truck business, share their real-time location, post their menu, and receive and manage pre-orders placed by Customers for pickup.

  1. Operator Terms and Conditions

3.1 Eligibility: To register as an Operator, you must legally operate a food truck in compliance with all applicable laws and regulations.

3.2 Account Security: When you create an account as an Operator on our Service, you are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account.

3.3 Operator Conduct: You are solely responsible for the quality, timely fulfillment and legal compliance of the products and services you offer through FooodDude. You must fulfill orders in a timely manner. You are responsible for accurately representing your offerings, maintaining your truck location and availability in real time, and keeping your menu up-to-date in the Service. All personal and operational information you provide to us through your account should be up to date, accurate, and truthful and that you will update this information when it changes.

3.4 Fees and Payments: FooodDude will charge a service fee on customer orders placed through the Service. This fee will be clearly displayed to you before providing payment for an order. FooodDude uses third-party services for payment processing and disbursements to Operators. You are responsible for any taxes related to transactions processed through the Service.

3.5 Order Acceptance: Operators have full discretion to accept, reject, or propose modifications to orders placed through the Service. Rejected orders will be refunded to the Customer.

3.6 Order Fulfillment: Operators are responsible for timely and accurate fulfillment of accepted orders. Orders should be prepared as described and within the pickup time frame communicated to the Customer.

3.7 Order Issues: Operators are solely responsible for addressing any Customer complaints about incorrectly prepared or missing items, food quality issues, or service problems with orders placed through the Service.

3.8 Refunds: Operators have full discretion to provide refunds or partial refunds to Customers in the event of order issues, cancellations, or Customer dissatisfaction.

3.9 Payment Processing: Payments for Customer orders will be processed by FooodDude's payment provider. Payment amounts, less FooodDude's commission, will be disbursed to the Operator's registered account.

3.10 Taxes: Operators are solely responsible for remitting all applicable taxes on transactions processed through the Service.

3.11 Media License: By registering as an Operator, you grant FooodDude a non-exclusive, worldwide, perpetual, royalty-free license to use any photos, videos, graphics, trademarks, or other media provided by you for promotional, advertising, and marketing purposes in FooodDude's apps, website, social media, and other promotional materials.

3.12 Removal of Media: Operators may request the removal of any specific media provided to FooodDude by submitting a written request to support@foooddude.com. FooodDude will remove the identified media within 30 days, provided that FooodDude may retain archived copies for records.

3.13 Operator Likeness: By registering, Operators consent to the reasonable use of their likeness, trademarks, images, and other identifying aspects of their brand in promotional materials. Operators may opt-out of future use of their likeness by contacting FooodDude in writing.

3.14 User-Generated Content: Any Operator content, photos, videos, or other media uploaded by Customers is the sole responsibility of the Customer. Operators may report inappropriate Customer content  to support@foooddude.com

We reserve the right to suspend or terminate your account if you are using our Service illegally or if you violate these Terms and Conditions.

  1. Customer Terms and Conditions

4.1 Ordering: You agree to accurate and timely payment for any foods ordered through the Service. FooodDude uses third-party payment processors and is not responsible for any errors made by these providers.

4.2 Order Availability: Menu items and prices shown on the Service may not reflect real-time availability, ingredients, or prices at the actual food truck. Operators have full discretion to accept, reject, or modify orders placed through the Service.

4.3 Order Accuracy: You are responsible for ensuring the accuracy of your orders, including quantity, details, delivery address and contact information.

4.4 Allergies and Dietary Needs: You must notify the Operator of any food allergies, intolerances or other dietary needs when placing your order. FooodDude is not responsible for any illness or issues caused by food allergies or other needs.

4.5 Payment Methods: FooodDude accepts most major credit cards and third-party payment methods through our payment processor. No cash payments are accepted through the Service.

4.6 Authorization Holds: Your payment method may be authorized for the full order amount when you place an order, and authorization holds may reduce your available balance or credit limit. Holds will be removed after the order is processed.

4.7 Failed Payments: We reserve the right to cancel and refund your order if payment cannot be successfully processed in a timely manner for any reason. You remain responsible for any fees imposed by your bank or payment provider.

4.8 Failed Orders: If an Operator is unable to fulfill your order for any reason after payment has been processed, you will receive a refund in accordance with our refund policy.

4.9 Taxes: You are responsible for all applicable taxes on orders placed through the Service based on your provided location. Tax exemption eligibility is determined by the Operator.

4.10 Convenience Fees: FooodDude may charge convenience fees for orders placed through the Service, which will be clearly displayed during the checkout process.

4.11 Gratuities: Suggested tips or gratuities for Operators are voluntary. You have the option to provide a tip when you place your order.

4.12 Cancellations: You may cancel an order before preparation has begun. Cancellations after preparation has started may incur a fee per the Operator's discretion.

4.13 Refunds: If you are dissatisfied with your order, you must contact the Operator directly to request a refund. FooodDude does not process or provide refunds. The Operator has sole discretion to provide refunds or other compensation.

4.14 Refund Timeframe: Any refunds provided by the Operator must be claimed by you within 7 days of the original order. Refund requests made after 7 days may not be honored.

4.15 Refund Methods: Refunds will be provided using the original payment method used to purchase the order. Refunds in cash are at the Operator's sole discretion.

4.16 Partial Refunds: If you are dissatisfied with part of your order, you may request a partial refund from the Operator, who has sole discretion to offer partial refunds.

4.17 Changed Orders: If you wish to change or cancel your order after it has been prepared by the Operator, refunds will not be provided.

4.18 Order Pickup: You must pick up your completed order within the timeframe specified by the Operator, otherwise it may be discarded. Failure to pick up orders does not qualify for a refund.

4.19 Location Tracking: By using the Service, you agree to allow FooodDude to access your device's location services to provide you with location-based services, such as showing you nearby food trucks and estimated order pickup times. We will access your location only with your consent and only for your use of the Service.

4.20 Location Data: We may collect and store your location data when you use the Service to provide and improve location-based services. This data may be shared with Operators to facilitate food order fulfillment and logistics. We will not share your location data with third parties or use it for any other purpose without your consent.

4.21 Location Accuracy: We aim to provide accurate location services but cannot guarantee the availability, accuracy, completeness, reliability or timeliness of location data or services. Our location services depend on your device and third-party services like GPS networks. Service disruptions, environmental conditions, and other factors may impact the location services we provide.

4.22 Disabling Location Services: You can disable location services for the FooodDude app through your device settings at any time. However, opting out of location services may limit your ability to use certain features of the Service.

4.23 Quality Issues: Complaints about food quality, incorrect orders, or other issues must be submitted to the Operator directly. FooodDude does not provide refunds for quality complaints.

  1. General Terms and Conditions

5.1 Intellectual Property Rights: FooodDude. LLC retains all ownership rights to the Service, including proprietary content, trademarks, brands, logos, and other intellectual property. You may not copy, distribute, modify or create derivative works from the Service without express authorization from FooodDude.

5.2 User Content: You are solely responsible for any content you upload, transmit, or share on the Service. You must not transmit content that is illegal, offensive, obscene or otherwise objectionable. FooodDude does not claim ownership of any Operator content.

5.3 Third Party Goods and Services:  Our Service may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Service.

5.4 Links to Other Websites: Our Service might contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

5.5 Disclaimer: The Service is provided on an "as is" and "as available" basis. FooodDude disclaims any warranties including merchantability, fitness for a particular purpose, and non-infringement.

5.6 Limitation of Liability: FooodDude, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Service. FooodDude shall not be liable for any indirect, incidental, or consequential damages.

5.7 Indemnity: Except where prohibited by law, by using this Site you indemnify and hold harmless FooodDude,LLC. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

5.8 Governing Law: These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. All disputes arising out of these Terms shall be resolved exclusively in the state and federal courts located in San Diego, California.

5.9 Severability: If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

5.10 Changes to the Terms: These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Service and the way we expect users to behave on our Service. We will notify users by email of changes to these Terms and Conditions or post a notice on our Service.

5.11 Contact Details: Please contact us at support@foooddude.com   if you have any questions or concerns.You can also contact us through the feedback form available on our Service.