TERMS & CONDITIONS
LAST UPDATED: 14th day of March 2023
1. Subscription Term. By purchasing a FoodSpot smart fridge you agree to a 36 month services bundle subscription term for each fridge. Service bundles start the day the unit is shipped and includes operations app, dashboard, dashboard cellular plan hosting and operator support. Term will renew in 1 year increments and require 60 days termination notice.
2. Refunds. Upon purchase we start engineering your custom Google and Apple smartphone operations apps and dashboard. We can refund 50% up until the time of shipping, no refunds can be made after your fridge has shipped.
3. Shipping. Shipments are FOB FoodSpot, freight class 150, and are not eligible for refusal at the time of delivery. Buyer has 48 hours to inspect internally for damage and file a claim with the carrier.
4. Warranty. ONE YEAR PARTS AND LABOR FoodSpot warrants to the original purchaser of our Smart Fridge that such equipment is free from defects in material and workmanship, under normal use, proper maintenance, and service as indicated by FoodSpot user and operation instructions, for a period of one year from the date of shipment from the manufacturer. Relocation of the fridge without FoodSpot approval and professional movers may void the warranty. FoodSpot reserves the right to examine any product claimed to be defective. Units must be in a conditioned environment or warranty will be void. NO CLAIMS CAN BE MADE AGAINST FOODSPOT FOR SPOILAGE OF FOOD, LOST REVENUE OR CONSEQUENTIAL DAMAGES. This warranty is not assignable and will only be honored with the original purchaser.
5. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY ANTICIPATED PROFITS, NOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THIS SALES ORDER OR THE PRODUCT(S), REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, NOR SHALL SELLER’S AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCT(S) SOLD HEREUNDER.
6. Taxes. All prices are exclusive of any sales, use, excise or other taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable to Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided that Buyer shall not be responsible for any tax imposed upon Seller based on Seller’s income.
7. Compliance with Law and Seller Recommendations. Buyer’s use of the Product(s) shall comply with all applicable laws, regulations and ordinances including but not limited to any HACCP plan for properly cooking, cooling, and storing food.
8. Indemnity. Buyer shall indemnify and hold Seller harmless from and against all claims, loss, damages, liabilities , costs, and expenses including attorneys' fees arising out of buyer’s improper food preparation or storage practices.
9. Governing Law. The Sales Order and these Terms are subject to the laws of the State of California, and Buyer consents that the exclusive jurisdiction and venue for any action shall be in the state and federal courts located in Alameda County, California.
10. Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be adjusted to the minimum extent necessary to cure such invalidity. The invalidity or unenforceability of one provision shall not affect any other.
11. Future Pricing. FoodSpot reserves the unqualified right to change the future prices of its Services, and all or part of the Services which may include, without limitation, the addition or withdrawal of features, products, services, software or changes in instructions, provided that such changes in the Services will not result in a material reduction in the level of performance, functionality or availability of the applicable Services. Notwithstanding the foregoing, upon 30 days’ notice, FoodSpot may withdraw a product, service or software from the market. New products or services introduced by FoodSpot may be subject to terms and restrictions not set forth herein.
12. FoodSpot has implemented commercially reasonable technical and organizational measures designed to secure Company Content and Customer Information (as defined below) from accidental loss and from unauthorized access, use, alteration or disclosure. However, FoodSpot cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Company Content or Customer Information for improper purposes
1. ACCEPTANCE OF TERMS We, Smart Vending Inc., own and operate this website (“Site”) at launchfoodspot.com.
1.1 Your use of this Site is subject to these Terms & Conditions. By using the Site, you are deemed to have accepted and agree to be bound by these Terms & Conditions. We may make changes to these Terms & Conditions from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms & Conditions on the Site. Your use of the Site following changes to these Terms & Conditions will constitute your acceptance of those changes.
2. ABILITY TO ACCEPT TERMS & CONDITIONS You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
3. SITE ACCESS You are responsible for all access to the Site using your internet connection, even if the access is by another person.
3.1 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature will always be available and error-free. The Site may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance on the Site.
4. ACCESS TO SITE OUTSIDE OF USA We make no promise that the materials on the Site are appropriate or available for use in locations outside the United States of America. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
5. YOUR USE OF THE SITE Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms & Conditions and you agree that you will not:
5.1 Use the Site for any fraudulent or unlawful purpose;
5.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
5.3Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
5.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
5.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
5.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
5.7 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data
subject to verification of your identity and other information;
5.8 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
5.9 Frame or mirror any part of the Site without our express prior written consent;
5.10 Create a database by systematically downloading and storing Site content;
5.11 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
5.12 We reserve the right to revoke these exceptions either generally or in specific instances.
6. THIRD-PARTY WEBSITES The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.
6.2 You may create a link to this Site, provided that:
6.2.1 The link is fair and legal and is not presented in a way that is:
(a) Misleading or could suggest any type of association, approval, or endorsement by us that does not exist, or
(b) Harmful to our reputation or the reputation of any of our affiliates;
6.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
6.3 We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
7. INTELLECTUAL PROPERTY The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission
8. LIMITATION OF LIABILITY We provide the Site on an “as is” basis and make no representations as to the quality, completeness, or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude
8.1.1 All conditions, warranties, and other terms that might otherwise be implied by law into these Terms & Conditions; and
8.1.2 Any liability to you, whether arising under these Terms & Conditions or otherwise in connection with your use of the Site.
8.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties. Notwithstanding the foregoing, nothing in these Terms & Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
10. DURATION OF TERMS These Terms & Conditions are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
11. GOVERNING LAW These Terms & Conditions will be governed by and construed in accordance with the laws of the U.S.A., and the courts of the U.S.A. will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms & Conditions.
12. COMMERCIAL TERMS When purchasing items on the Site, you agree that: (i) you are responsible for completely reading the item listing before committing to purchase: (ii) you enter into a legally binding contract to purchase an item when you complete the check-out payment process. We list the prices of the products on the Site. We reserve the right to change product offerings and prices at any time and correct inadvertent pricing errors. You can find information about pricing and sales tax on the payments page.