Terms of Service

I. Introduction and Eligibility

Please read these Terms of Service (“Terms”) carefully before using the FOODAW Delivery Service.

These Terms include FOODAW Delivery’s Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

FOODAW Delivery’s Terms of Service is a legally binding agreement. As FOODAW Delivery evolves and improves, we may make changes to the Terms of Service. When we make changes, we’ll let you know on our homepage.

Binding Agreement. These Terms constitute a binding agreement between you and FOODAW Delivery and its affiliates, subsidiaries, and food-aw.com (“FOODAW Delivery,” “we,” “us”). “You” and “users” shall mean all visitors to the FOODAW Delivery Service. You accept these Terms each time you access the FOODAW Delivery Service or food-aw.com. If you do not accept these Terms, you must not use the FOODAW Delivery Service or www.food-aw.com.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the FOODAW Delivery Service after a change to these Terms constitutes your binding acceptance of these Terms.

Children. No part of the FOODAW Delivery Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The FOODAW Delivery Service AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the FOODAW Delivery Service.

The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the FOODAW Delivery Service.

II. FOODAW Delivery Service

The FOODAW Delivery Service is defined as any website, mobile application, or Internet service under FOODAW Delivery’s control, whether partial or otherwise, in connection with providing the services provided by FOODAW Delivery. The FOODAW Delivery’s Service allows you to browse menus from local restaurants and, assuming a restaurant delivers to your location, order menu items for delivery.

III. Communications

FOODAW Delivery may communicate with you by email or posting notice on the www.food-aw.com homepage. You may request that we provide notice of any security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service related purposes.

Electronic Notices. By using the FOODAW Delivery Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the FOODAW Delivery Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the FOODAW Delivery Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].

IV. Conditions of Sale and Payment Terms.

We reserve the right to decline your order at any time before items you order are delivered to you. You can pay with VISA, MasterCard, Discover, or American Express. We can change our prices and billing methods at any time.

Conditions of Sale.To make a purchase through the FOODAW Delivery Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident on Aruba Each purchase will be considered to be a separate transaction and each delivery will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by FOODAW Delivery upon the completion of the order and delivery of an order, as indicated by our servers and the restaurant responsible for delivery. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Methods of Payment. We accept cash, local debit cards but also Payments can be made by VISA, MasterCard, Discover, or American Express, although in the future we may some change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT FOODAW DELIVERY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify FOODAW Delivery of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If FOODAW Delivery does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by FOODAW Delivery or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. FOODAW Delivery shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any localities that it deems is required.

Price Changes and Modifications to Payment Terms. FOODAW Delivery shall have the right to refuse or cancel any orders placed for items listed on our website at an incorrect price or containing any other incorrect information or typographical errors. FOODAW Delivery’s shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FOODAW Delivery shall immediately issue a credit to your credit card account in the amount of the charge. FOODAW DELIVERY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Gratuities. The prices listed on the FOODAW Delivery service do not include gratuities for delivery personnel. If you wish to tip delivery personnel, please do so in cash. If you tip delivery personnel using the credit card on file with the restaurant, FOODAW Delivery will charge the tip amount to the credit card with which you placed the order.

V. FOODAW Delivery’s Content Ownership and Use

FOODAW Delivery owns all of the content we create, but you may use it while you use the FOODAW Delivery Service. Don’t use our logo, unless, of course, you have our written permission.

The contents of the FOODAW Delivery Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other FOODAW Delivery content (collectively, “FOODAW Delivery Content”). All FOODAW Delivery Content and the compilation (meaning the collection, arrangement, and assembly) of all FOODAW Delivery Content are the property of FOODAW Delivery or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the FOODAW Delivery Service and the www.food-aw.com Content solely for the use of FOODAW Delivery’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the FOODAW Delivery Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original FOODAW Delivery Content on any copy you make of the FOODAW Delivery Content.

FOODAW Delivery Marks. All FOODAW Delivery logos and product and service names are or may be trademarks of FOODAW Delivery (the “FOODAW Delivery Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the FOODAW Delivery Marks.

VI. Intellectual Property Rights and Your License to Use.

You, or the people who allow you to use their content, own all of the content you post to the FOODAW Delivery Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

FOODAW Delivery Claims No Ownership. The FOODAW Delivery Service may provide you with the ability to create or post content (“Your User Content”). FOODAW Delivery claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the FOODAW Delivery Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

FOODAW Delivery’s Use of Posted Content on the FOODAW Delivery Service. By creating, posting, or sharing Your User Content on or through the FOODAW Delivery Service, and subject to FOODAW Delivery’s Privacy Policy, you grant FOODAW Delivery a world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose, including for the purpose of promoting FOODAW Delivery and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. FOODAW Delivery will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the FOODAW Delivery Service. FOODAW Delivery’s reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the FOODAW Delivery Service, any right, title, or interest in or to such content delivered via the FOODAW Delivery Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the FOODAW Delivery Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the FOODAW Delivery Service does not violate the privacy rights, publicity rights, contract rights, intellectual property rights (including copyrights), or any other rights of any person, and (iii) the posting of Your User Content on the FOODAW Delivery Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the FOODAW Delivery’s Service.

The FOODAW Delivery Service contains content from users and other FOODAW Delivery licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FOODAW Delivery Service.

VII. Copyright Policy

Let us know if you think a user has violated your copyright using the FOODaw Delivery Service, or if you think someone incorrectly reported that you violated his or her copyright.

VIII. Suggestions and Submissions.

FOODaw Delivery welcomes your suggestions! If you’re happy, we’re happy. Please email us at [email protected] if you have any suggestions or comments. Use it, if you please! We disclaim: suggestions are anonymous and we may use them to improve FOODaw Delivery services without notice, compensation, or attribution.

We appreciate hearing from our users and welcome your comments regarding the FOODaw Delivery Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:

1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;

2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

IX. User Content Disclaimers, Limitations, and Prohibitions.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by other users and third parties, and explicitly disclaim any representations or warranties regarding the accuracy of restaurant menus viewable through the FOODaw Delivery Service. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.

A. Prohibited FOODaw Delivery Service Uses.

Don’t do bad things with the FOODaw Delivery Service. Don’t do bad things to the FOODaw Delivery Service. Thank you kindly.

You agree to use the FOODaw Delivery Service only for its intended purpose. You must use the FOODaw Delivery

Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the FOODaw Delivery Service are prohibited. You may not:

1. Aggregate, copy, or duplicate any FOODaw Delivery Content; 2. Use data mining, robots, or other data gathering devices on the FOODaw Delivery website; 3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the FOODaw Delivery Service; 4. Interfere or attempt to interfere with the proper working of the FOODaw Delivery’s Service; 5. Gain unauthorized access to the FOODaw Delivery Service or computers linked to the FOODaw Delivery’s website; 6. Attempt to reverse engineer, or reverse engineer the FOODaw Delivery Service; 7. Frame or link to the FOODaw Delivery web services without permission; 8. Attempt to or submit a virus to the FOODaw Delivery Service; 9. Take any action imposing an unreasonable or disproportionately large load on FOODaw Delivery’s infrastructure; 10. Attempt to or obtain unauthorized access to other users’ accounts; 11. Sell, transfer, or assign any of your rights to use the FOODaw Delivery Service to a third party without our express written consent; 12. Use the FOODaw Delivery Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to FOODaw Delivery or others; 13. Use the FOODaw Delivery Service in an illegal way or to commit an illegal act; or 14. Access the FOODaw Delivery Service from a jurisdiction where it is illegal, unauthorized, or penalized. X. Consequences of Violating These Terms.

If you violate these terms, we may refuse to provide the FOODaw Delivery Service to you.

We reserve the right to suspend or terminate your account and prevent access to the FOODaw Delivery Service for any reason, at our discretion. We reserve the right to refuse to provide the FOODaw Delivery Service to you in the future. Perpetual licenses granted by you to FOODaw Delivery remain in full force and effect. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the FOODaw Delivery Service. XI. FOODaw Delivery’s Liability We’re always working to improve FOODaw Delivery services. As we grow we may make changes to the FOODaw Delivery Service. These changes may occur at any time and without notice Changes to the FOODaw Delivery. We may change, suspend, or discontinue any aspect of the FOODaw Delivery Service at any time, including hours of operation or availability of the FOODaw Delivery Service or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release FOODaw Delivery of all claims, demands, and damages in disputes among users of the FOODaw Delivery Service. You also agree not to involve us in such disputes. Use caution and common sense when using the FOODaw Delivery. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the FOODaw Delivery Service, including menu item availability or pricing. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the FOODaw Delivery. Use the FOODaw Delivery Service at your own risk. Third-Party Websites. The FOODaw Delivery may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the FOODaw Delivery Services. Released Parties Defined. “Released Parties” include FOODaw Delivery and its affiliates, officers, employees, agents, partners, and licensors. A. DISCLAIMER OF WARRANTIES

We are not responsible for anything FOODaw Delivery users do when using the FOODaw Delivery Service. You use the FOODaw Delivery Services at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE FOODaw SERVICE IS AT YOUR SOLE RISK, AND THE FOODaw SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MENU ITEMS OFFERED BY RESTAURANTS LISTED ON THE FOODAW DELIVERY OR RESULTS THAT MAY BE OBTAINED BY RESTAURANTS AS A RESULT OF BEING LISTED ON THE FOODAW DELIVERY, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE FOODAW DELIVERY WILL MEET YOUR REQUIREMENTS, (ii) THE FOODAW DELIVERY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOODAW DELIVERY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE FOODAW DELIVERY WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOODAW DELIVERY SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. B. LIMITATION OF LIABILITY AND INDEMNIFICATION.

We are not responsible for any outcome of using the FOODaw Delivery Service. If you use the FOODaw Delivery Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOODAW DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FOODAW DELIVERY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE FOODAW DELIVERY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON FOODAW DELIVERY; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE FOODAW DELIVERY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FOODAW DELIVERY SERVICE OR YOUR USE OF www.food-aw.com CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any FOODaw Delivery Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XII. General Terms

These Terms constitute the entire agreement between you and FOODaw Delivery concerning your use of the FOODaw Delivery Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XIII. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in Aruba , so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the FOODaw Delivery Service.

These Terms and the relationship between you and FOODaw Delivery shall be governed by the laws of Aruba without regard to its conflict of law provisions. You and FOODaw Delivery agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the FOODaw Delivery Service under the rules dictated by government of Aruba. Any such arbitration, to the extent necessary, shall be conducted in Aruba, You covenant not to sue FOODaw Delivery in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information Foodaw Delivery (ASIRI Corporation Vba) Jucuri 115, Sta Cruz Aruba [email protected]