Terms of use
Effective Date: DECEMBER, 1 2024
Welcome to our Application. This App is maintained as a service to our customers. By using this App, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this App.
1. Agreement
This Term of Use agreement (“the “Agreement”, “Terms”, or “Terms of Use”) specifies the Terms and Conditions for access to and use of Fhunger (the “App” or “Application”) and describe the terms and conditions applicable to your access of and use of the App. This Agreement may be modified at any time by SimPriFy Solutions, LLC d/b/a Fhunger upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.fhunger.com/terms-of-use/ . Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy
In addition, when using our App, you shall be subject to any posted policies, guidelines or rules applicable to use of the App and any service provided by the App, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.
3. Ownership
All content included on this App is and shall continue to be the property of SimPriFy Solutions, LLC d/b/a Fhunger or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.
4.Intended Audience
This Application is intended for adults only. This Application is not intended for any children under the age of 13. Furthermore, purchses made using the App are intended to be made only by those with legal capacity to do so, using a valid form of payment which they may legally use. Those between the ages of 13 and 18 may only use the App under the supervision of their legal guardian, who are both considered to be a user of the App for the purposes of these Terms.
5. Trademarks and Copyrights
Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this App are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this App and do not transfer at any time to user and/or any other third party. All contents of Company’s Applications are used with permission of their creators. All copyrights and trademarks shown in the App remain the property of their respective owners.
6. App use
SimPriFy Solutions, LLC d/b/a Fhunger grants you a limited, revocable, nonexclusive license to use this App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, reverse engineer or break into the App, or use materials, products or services in violation of any law. The use of this Application is at the discretion of SimPriFy Solutions, LLC d/b/a Fhunger and SimPriFy Solutions, LLC d/b/a Fhunger may terminate your use of this Application at any time.
a. Health, Nutirtion, and Allergen Information
All information regarding the contents of the food sold through the App is provided by our restaurant vendors. The Company does not verify any such information and cannot guarantee the accuracy of any such information. Additionally, special features such as the Surprise Bag feature include food that is unidentified on the App and so no such information will be provided. Additionally, while the Company has procdures in place to verify compliance with all relevant health and safety requirements, the restaurant vendors are ultimately and solely responsible for adhering to all health and safety requirements and the Company assumes no liablity for the violation of these requirements. USERS CONSUME FOOD ORDERED THROUGH THE APP AT THEIR OWN RISK.
B. Prices
Prices shown are in United States Dollars and are exclusive of applicable sales tax, which will be calculated prior to checkout.
c. Pick-Up
Products ordered on the App must be picked-up by the User at the stated pickup address (“Pick-up”). The Pick-up time will normally be in a time period of 10-30 minutes but can be both shorter and longer at the restaurant vendor’s discretion. Restaurant description and details about when and where the order can be picked up will appear on the App and is stated in the the User’s confirmation as well. If the User arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the restaurant vendor’s guests. Be aware that if the User arrives too late, the restaurant vendor may be closed and/or the order may be unavailable. Upon Pick-up, the user shall show his or her confirmation in the Fhunger app to the restaurant vendor’s employees. It is the User’s responsibility to ensure that the confirmaition in the app can be shown at Pick-up. The User is required to make sure that the order delivered corresponds to the order ordered.
d. Payment
Userse can pay with several brands of debit and credit cards as well as other payment methods made available on the App. If using credit or debit card, the User must enter his or her card number, the expiration date and the security code when placing an order. Upon confirming an order, the price stipulated (“Purchase Price”) is charged to the User’s card. If the order is cancelled in accordance with this Agreement, the Purchase Price is cancelled or refunded to User. Each Restaurant is responsible for maintining the accuracy of the information displayed through the App. Furthermore, as the concept of the App is to reduce food waste, if a Restaurant has no excess food, the Restaurant may cancel an order up to two hours before the Pick-Up time. In this case, you will receive a cancellation notification from Fhunger or the Restaurant via email, SMS, and/or the App provided that the contact information provided to Fhunger is correct and that you have agreed to receive such notifications. The Purchase Price is collected by Fhunger from the User on behalf of the restaurant vendor. Fhunger may amend, modify, or restructure the payment procedure for its USers, as it deems reasonable. Fhunger uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection. Fhunger does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers. If the User’s credit card or payment method is rejected when trying to pay for an order, the User should verify that the entered information is correct. If the User has corrected the error and the credit card is still rejected, Fhunger recommends that the User contact his or her bank. Due to standard banking procedures, once the User has submitted an order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the order. If the order is subsequently rejected by the restaurant vendor or cancelled for any other reason in accordance with this Agreement, the bank or card issuer will not transfer the funds for the order to Fhunger and will instead refund the User by releasing the relevant amount back into the User’s available balance. However, this may take up to 10 working days (or longer, depending on the User’s bank or card issuer), and Fhunger does not have the authority to make inquiries to a User’s bank or card issuer on specific payment issues. The User must do so. By accepting this Agreement, the User accepts the method of payment set out above and acknowledges and agrees that Fhunger is not responsible or liable to the User in relation to the above.
e. Personally
Userse can pay with several brands of debit and credit cards as well as other payment methods made available on the App. If using credit or debit card, the User must enter his or her card number, the expiration date and the security code when placing an order. Upon confirming an order, the price stipulated (“Purchase Price”) is charged to the User’s card. If the order is cancelled in accordance with this Agreement, the Purchase Price is cancelled or refunded to User. Each Restaurant is responsible for maintining the accuracy of the information displayed through the App. Furthermore, as the concept of the App is to reduce food waste, if a Restaurant has no excess food, the Restaurant may cancel an order up to two hours before the Pick-Up time. In this case, you will receive a cancellation notification from Fhunger or the Restaurant via email, SMS, and/or the App provided that the contact information provided to Fhunger is correct and that you have agreed to receive such notifications. The Purchase Price is collected by Fhunger from the User on behalf of the restaurant vendor. Fhunger may amend, modify, or restructure the payment procedure for its USers, as it deems reasonable. Fhunger uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection. Fhunger does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers. If the User’s credit card or payment method is rejected when trying to pay for an order, the User should verify that the entered information is correct. If the User has corrected the error and the credit card is still rejected, Fhunger recommends that the User contact his or her bank. Due to standard banking procedures, once the User has submitted an order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the order. If the order is subsequently rejected by the restaurant vendor or cancelled for any other reason in accordance with this Agreement, the bank or card issuer will not transfer the funds for the order to Fhunger and will instead refund the User by releasing the relevant amount back into the User’s available balance. However, this may take up to 10 working days (or longer, depending on the User’s bank or card issuer), and Fhunger does not have the authority to make inquiries to a User’s bank or card issuer on specific payment issues. The User must do so. By accepting this Agreement, the User accepts the method of payment set out above and acknowledges and agrees that Fhunger is not responsible or liable to the User in relation to the above.
f. No Co-Branding or Framing
You may not use or authorize any party to co-brand or frame any Company Applications without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this App or content accessible within this App. For purposes of these Terms of Use, “framing” refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Application is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.
g. No Unlawful Access
You agree that you will not use Company’s Applications in any manner that could in any way disable, overburden, damage, or impair the Applications or otherwise interfere with any other party’s use and enjoyment of the Applications. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Applications.
h. Personal and Non-Commercial Use
You agree not to, without the express prior written consent of Company: (a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the App that you do not own, (b) use the Content or any services provided by the App that you do not own, or (c) provide access to the Content or any service provided by the App that you do not own.
i. Submissions
You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this App (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
j. Hyperlinking
This App may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this App or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Application to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this App.
k. Security
Any passwords used for this App are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
l. Storage Period
The Company retains personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine the Company’s retention periods include:
i. the length of time the Company has had an ongoing relationship with you and provide services through the App to you e.g., for as long as you have an account or keep using the App,
ii. whether there is a legal obligation to which the Company is subject as certain local laws require the Comapny to keep records of your transactions for a certain period of time before the Company can delete them, and/or
iii. whether retention is advisable in light of the Company’s legal position e.g., in regard to applicable statutes of limitations, litigation, or regulatory investigations.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
7. Use of Communications Services
Company’s Applications may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this App, or cause to be posted, sent, submitted, published or transmitted, any material that:
a. you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
b. advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
c. is vulgar, obscene, pornographic, incendiary, or indecent;
d. threatens or abuses others;
e. is libelous or defamatory towards others;
f. is racist, abusive, harassing, threatening or offensive;
g. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
h. harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
i. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
j. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
k. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this App;
l. solicits funds, advertisers or sponsors for any purpose;
m. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
n. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this App;
o. amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
p. disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this App and/or any networks connected to this App; or
q. contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that the Application may or may not pre-screen materials uploaded to the Communication Service, yet the Application and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Application in its sole discretion.
The Application reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Application will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE APPLICATION EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK, AND THAT THE APPLICATION SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE APPLICATION CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE APPLICATION IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
8. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
9. Indemnification
You agree to indemnify, defend and hold SimPriFy Solutions, LLC d/b/a Fhunger and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the App.
10. Disclaimer
THE INFORMATION ON THIS APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. SimPriFy Solutions, LLC d/b/a Fhunger DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SimPriFy Solutions, LLC d/b/a Fhunger BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE.
a. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Use of Information
SimPriFy Solutions, LLC d/b/a Fhunger reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the App;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
g. Our Copyright Agent for Notice of claims of copyright infringement on the App can be contacted at support@fhunger.com
14. Governing Law; Venue; Actions
If there is any dispute about or involving the Application or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in St. Louis County, Missouri.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP, ANY SERVICE PROVIDED BY THE APP, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver
The failure of Fhunger to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Fhunger must be in writing and signed by an authorized representative of FHUNGER.
17. Termination
SimPriFy Solutions, LLC d/b/a Fhunger may terminate this Agreement at any time, with or without notice, for any reason.
18. Relationship of the Parties
SimPriFy Solutions, LLC d/b/a Fhunger may terminate this Agreement at any time, with or without notice, for any reason.
19. Entire Agreement
This Terms of Use constitutes the entire agreement between you and Fhunger and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fhunger with respect to this App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Application. Fhunger may revise this Terms of Use at any time by updating this Agreement and posting it on the App. Accordingly, you should visit the App and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Application after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
20. Contact Information
If you have any questions regarding these Terms of Use, please contact us at support@fhunger.com
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