TERMS OF SERVICE

Thank you for using byFood! Here are our Terms of Service ("Terms"), an agreement between you and Tablecross, Inc. ("byFood"), located at WeWork Link Square Shinjuku 16F, 5-27-5 Sendagaya, Shibuya-ku, Tokyo, 151-0051 Japan, concerning your use of our online platform and service, which connects people to delicious Food Experiences, Restaurants Reservations and E-commerce Products. The platform and service are available at https://www.byfood.com (the "Site").

The Site and its online services (including but not limited to booking Food Experiences, placing Restaurant Reservations, ordering E-commerce Products, using the VIP Gourmet Concierge for custom-made experiences, and purchasing Gifts) will hereafter be referred to as the "Services." You should read the Terms carefully before you use the Services. If you have any questions, feel free to contact us.

ByFood is a Platform Service Provider

ByFood is an online platform that allows Users to enjoy Food Experiences organized by local Hosts, make easy Restaurant Reservations, and order E-commerce Products direct from Sellers, among other Services. Your satisfaction is our top priority. Although our goal is to make your experience as delicious and fun as possible and we have done our best to screen each of our Hosts and Sellers to ensure quality, you acknowledge and agree that byFood's responsibilities under these Terms are limited solely to facilitating the availability of the Services, serving as the limited payment agent of each Host and Seller, arranging Restaurant Reservations, processing refunds to Users, and holding and administering payments as a trustee on behalf of Hosts, Sellers, and Users. For clarity, we define the terms below.

A "Food Experience" is an eating or drinking event (such as a food tour, cooking experience, dining experience, or tasting) provided by a Host to a User, available for purchase by Users via the Services.
A "Host" is a Member who organizes and provides Food Experiences.
An "E-commerce Product" is a food, drink, or kitchen/tableware product made in Japan and shipped directly to the Users overseas, available for purchase by Users via the Services.
An "E-commerce Order" means an order for purchase of an E-Commerce Product using the Service.
A "Seller" is a Member (defined under Using the Services) who sells E-commerce Products.
A "User" is a Member who books a Food Experience, makes a Restaurant Reservation, purchases an E-commerce product, or commissions the VIP Gourmet Concierge via the Services; or a Member who joins one of the food experiences via the Services.
A "Restaurant" is an establishment that provides food and/or beverages and is featured on byFood. The Restaurant may or may not be available for reservation through the Services.
A "Restaurant Reservation" is an appointment that's scheduled at the Restaurant using the Service.
A "Seat Reservation" is a Restaurant Reservation that does not cover food or drinks at the Restaurant. When booking a Seat Reservation, the User only pays the reservation service fee.
A "Course Menu Reservation" is a Restaurant Reservation that covers the food at the Restaurant and the reservation service fee. At the Restaurant, the User only pays for food and drinks not included in the course menu content listed on byFood.
A "Confirmed Booking" is a Food Experience booking that is accepted by the Host manually or instantly.
A "Confirmed Restaurant Reservation" is a Restaurant Reservation that has been processed by the byFood Team.
A "Confirmed E-commerce Order" is an E-commerce Order that is accepted by the Seller manually.

Your use of the Site and its Services is at your own risk and byFood disclaims all warranties, express or implied, and limits its liability in these Terms. We have included a disclaimer at the end of these Terms. If, during your Food Experience or through your use of the Services, you are subjected to behavior you believe is offensive, threatening, dangerous or otherwise illegal, or if you suspect theft of, or damage to, your property or possessions, you should immediately contact the appropriate local authorities or safety emergency agency (by calling 110 in Japan). ByFood is not able to provide or arrange for local emergency services.

Food for Happiness

For every User who joins a Food Experience or dines at a Restaurant or places an E-commerce Order through byFood's services, 10 school meals are provided to children in developing countries. ByFood donates funds to NPOs and NGOs that implement school feeding programs. These organizations are selected through a careful vetting process to ensure that they are legitimate charities.

ByFood strives to be as transparent as possible about the funds that are raised. The Food for Happiness "Smile Counter" shows the User's contribution through byFood. Users can check their account page to see how much they have contributed by booking Food Experiences, making reservations at Restaurants, and ordering E-commerce Products. ByFood does not retain any money from the Food for Happiness program; all of the funds raised go to the charitable organization.

Agreement Between You and ByFood

Agreeing to Our Terms

By accessing the Site or using our Services, you are agreeing to these Terms, whether or not you have registered by creating a byFood Account (defined under Using the Services). If you do not agree, then you should not (and are not permitted to) use the Services. If you are accessing and using the Services on behalf of a company (like your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.

Certain areas of the Site or features of the Services may have additional terms and you should read those additional terms. If there is a conflict between these Terms and the additional terms, the additional terms will govern your use of those areas of the Site or features of the Services.

Changes to Terms or Services

ByFood retains the right to change the Terms at any time and will let you know of the updates by posting the changed Terms on the Site or through other communications. We will also update the "Last Updated Date" at the bottom of these Terms. It is vital that you review the altered Terms because if you continue to use the Services after we have notified you of the update, you are consenting to be bound by the changed Terms. If you do not agree to the updated Terms, then you may not use the Services. Our Services may evolve over time as improvements are continually made, so we may alter or discontinue all or any part of the Services at any time and without notice, at our discretion.

Using the Services

To use certain features of the Services, you will need to create an account with an email address and password (an "Account") and become a "Member." You may only use the Services if you are at least 18 years old and are not barred from using the Services under applicable law. You may not become a Member to try to obtain information about other Members or to contact other Members for other purposes.

You must provide us with accurate and up-to-date information for your Account. If you do not, we may have to suspend or terminate your Account. You agree not to share your password with third parties and you will notify us of any unauthorized use of your Account. You are responsible for all activities that occur under your Account and you must immediately tell us if there is a security breach.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, process, and disclose information from Members.

Data Protection

As a Member, you will have access to personal information related to the Services. For example, Users may have the Host's email address and general location. You may only use this information in relation to the Services. If you have access to any personal information of another Member, you are required to abide by applicable data protection laws and adhere to the Privacy Policy in the processing of that information. At no time are you to copy, alter, or access information for any reason other than those allowed under these Terms.

Food Experiences Bookings, Restaurant Reservations, E-commerce Orders, and VIP Gourmet Concierge Service

How Does Payment for Services (Food Experiences, Restaurant Reservations, E-commerce Orders, VIP Gourmet Concierge, etc.) Work?

As a User, you must pay the total Food Experience fees, Restaurant Reservation fees and E-commerce Order fees in order to book a Food Experience, reserve Restaurants, or order E-commerce Products. You will see the total Food Experience fees, Restaurant Reservation fees, and E-commerce Order fees during the booking/reservation/order process, which may include taxes and payment processing fees. Exact pricing is based on the number of Users and the specific service being requested (a cooking class vs. a private cooking class, for example).

On the checkout page, Users will be provided the complete price breakdown and will be asked for payment information, which may include credit card details. The credit card will only be charged after the Host confirms the Food Experience booking. Similarly, payment for paid Reservations will only be processed after confirmation. For high-end Restaurant Reservations and VIP Gourmet Concierge, the payment link will be emailed to the User after the arrangements have been made. Likewise, E-commerce Orders will be charged after the Seller accepts the order.

By paying for the Services, you authorize byFood.com to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of your agreement with byFood.com. ByFood accepts Amex, Visa, JCB, and Mastercard credit cards which are processed by Stripe's secure processing system.

If you pay for a Food Experience booking, Restaurant Reservation, E-commerce Order, or custom VIP Gourmet Concierge experience via the Services, you agree that (a) byFood may charge your credit card for verification, pre-authorization, and payment purposes; (b) you will pay the applicable Total Food Experience fees, Reservation fees, E-commerce Order fees or other charges to byFood, which acts as the payment agent of the Host, for whom funds will be held in one or more Customer Accounts (defined under "Payment and Administration Of Member Funds" below) and (c) you agree to any additional charges that your bank or other financial service providers may levy on you, as well as applicable taxes. You will receive a confirmation email once the transaction is complete. If you have any concerns regarding charges, you agree to voice them first to byFood without canceling or rejecting credit card charges until you have made a reasonable attempt at resolving the matter directly with byFood or the Host.

Your Contract with the Host, Seller, or Restaurant

The Hosts, Sellers, and Restaurants, not byFood, are responsible for honoring any Confirmed Bookings, Confirmed Restaurant Reservations, and Confirmed E-commerce Orders. You agree to leave the Food Experience or Restaurant location at the end of the Food Experience or meal, or in the event that the Host notifies you that the Host is uncomfortable with your presence at the Food Experience location.

As a User, you are responsible for maintaining the privacy of your Host's contact information. Under these Terms, you are allowed to contact the Host through the Site or as needed to render the Services. While we will use reasonable efforts in our sole discretion to help you in your dealings with Hosts and make the experience as smooth as possible, you, and not byFood, will be responsible for performing the obligations of any contracts with the Hosts, and byFood will not be liable in connection with such contracts.

As a User, you acknowledge that by providing us with certain personal information you are consenting to byFood's use of that information to provide you with the Services, including sharing some of that personal information with the Hosts, Sellers, or Restaurants. Any personal information provided by you will be protected as described in our Privacy Policy and you can request additional information by emailing us.

Dealing with Complaints or Claims

ByFood strives to make the Food Experiences and our other Services as enjoyable as possible for Users. If you have an issue with a Host, Seller, or Restaurant, we encourage you to reach out directly to the Host, Seller, or Restaurant to resolve the issue. We may also use reasonable efforts to help you resolve the issue, in which case you agree to cooperate with and assist byFood in good faith, and to provide byFood with such information and take such actions as may be reasonably requested by byFood, in connection with any complaints or claims made relating to Food Experiences, Restaurants, or E-commerce Orders, relating to conduct of Hosts and Sellers or with respect to any investigation undertaken by byFood or a representative of byFood regarding use or abuse of the Services.

Payment and Administration of Member Funds for Food Experiences and E-commerce Orders

Members acknowledge and agree that funds paid to byFood for the Services are provided to byFood solely for the purpose of obtaining and paying for Services, including, without limitation, payment of total Food Experience fees and E-commerce Order fees, and the markups and other fees we are permitted to charge under these Terms (hereafter referred to as "Member Funds").

Food Experience Cancellation Policy

As a User, you can cancel a Food Experience through the bookings page. If you cancel a booking request before it is accepted by the Host, you are entitled to a full refund. If you cancel a Confirmed Booking within the acceptable cancellation period set by the Host, as stated on the Food Experience page, you are entitled to a full refund minus a 3.2% transaction fee.

However, if you cancel a Confirmed Booking once the acceptable cancellation period has closed, no refunds will be issued.

Restaurant Reservation Cancellation Policy

ByFood is committed to providing high-quality services to both Users and Restaurants. As a User, you may cancel a Restaurant Reservation, but please abide by the Restaurant's cancellation policy. Avoid canceling on the day of your reservation as a courtesy to the Restaurant. By that time, the Restaurant will have already prepared for your arrival and a cancellation may lead to food waste and loss of livelihood.

Reservations should be canceled through the byFood platform, and the User is urged to adhere to the cancellation policy specified on the respective Restaurant's page. The cancellation policy is contingent upon the type of Restaurant Reservation, distinguishing between Seat Reservations and Course Menu Reservations.

As a User, if you cancel a Course Menu Reservation before the reservation request is confirmed, you are entitled to a full refund. If a confirmed Course Menu Reservation is canceled, you can receive a full refund with a deduction of 3.2% to cover transaction fees. However, if you cancel a Course Menu Reservation once the acceptable cancellation period has closed, no refunds will be issued.

As a User, if you cancel a Seat Reservation before the reservation request is confirmed, you are entitled to a full refund. If a confirmed Seat Reservation is canceled, you can receive a full refund minus a 3.2% transaction fee. However, if you cancel a Seat Reservation once the acceptable cancellation period has closed, no refunds will be issued.

For Seat Reservation cancellations done after the acceptable cancellation period, the User's credit card will be charged with the penalty amount specified on the checkout page or the amount communicated by the byFood customer support team. This sum is transferred to the restaurant to offset their losses.

Restaurant Reservation No-Show Policy

Upon your arrival at the Restaurant, it is your duty to inform the Restaurant that you have placed a reservation through byFood. In the event that you, the User, are unable to honor the reservation, you must cancel at least 1 hour prior to the reservation time or else it will be considered a no-show. However, please note that you will not receive a refund for the paid and high-end reservations unless you cancel the reservation after the allowed cancellation period as stated in "Restaurant Reservation Cancellation Policy." Please also note that if you have two no-shows on your record within 6 months, your account will be suspended.

E-commerce Orders Cancellation Policy

You, as a User, may cancel a Confirmed E-commerce Order for a full refund minus transaction fees on the E-commerce Product orders page in your login panel before the E-commerce Products are dispatched. If your E-commerce Order is shipped, you will not be entitled to a refund.

E-commerce Orders Return and Refund Policy

Damaged E-commerce Products:

All E-commerce Products are free of damage and breakage when the E-commerce Order is shipped from Sellers' warehouses. Although E-commerce Products are packed very carefully, damages may occur in transit. If your order arrives broken or damaged, please reach out to us using our Contact Us page within 5 days of receipt. In the reply email from the support team, we will ask you to include photos as described below for us to expedite a resolution:

Photos of all sides of the box
Photos of all items received in the box
Photos of individual items, showing the damaged part

At the same time, we will file a claim with the carrier if you make a damage claim with your local post office first (using the tracking number associated with your package). Once you have lodged a damage claim with the postal service that handled your package within 5 days of receipt and shared the damage claim documentation, we will make your refund.

Validity of a damaged item will be at the discretion of the support team. Broken E-commerce Products such as cookies, chips, or other fragile snacks also may not qualify for a refund.

No refunds can be issued if a wrong address is provided when placing the order. If we are at fault and make a mistake in fulfilling your E-commerce Order, we will accommodate to ensure you receive a new order without any further costs.

E-commerce Products That Don't Match the Listing Description

The Sellers make sure that all E-commerce Products shipped are the same as they are advertised. However in the case that the wrong E-commerce Product is shipped by the Seller, please Contact Us within 5 days of receipt. In the reply email from the support team, we will ask you to include photos as mentioned below for us to expedite a resolution:

Photos of all sides of the box
Photos of all items received in the box
Photos of individual items, showing the damaged part

If the support team confirms the shipped E-commerce Products don't match the listing description and the Seller does not want the E-commerce Products back, we will process your refund for the wrong E-commerce Products. In the case that the Seller wants the E-commerce Products back, we will provide a return label and ask the User to ship the wrong E-commerce Products back to the Seller's warehouse. When the Seller receives all the E-commerce Products back, we will process the refund for the received E-commerce Products.

Lost E-commerce Orders:

In the case of non-received E-commerce Products, the User must check the delivery status online. All of the E-commerce Orders are tracked by default and can be checked online. If the online status shows issues with the delivery of the E-commerce Products, please report the issue to us using the Contact Us form. We then will review the information and double check with the shipping company.

If we determine that the E-commerce Order wasn't successfully delivered, we will refund the full cost of the item and original shipping. However, the User is responsible for accepting the item when it arrives. If the User refuses delivery, your claim is not eligible for a refund.

Returns:

Because the artisanal, gourmet E-commerce Products are perishable and sometimes have short shelf lives, all E-commerce Products purchased through Services are final and we do not accept returned E-commerce Orders if there is no damage with the E-commerce Products.

Code of Conduct

ByFood aims to make the use of the Services as secure, safe, and smooth as possible. Accordingly, you agree that you will only use the Services in a manner that is in line with the User Conduct Terms listed below. If you breach the User Conduct Terms, your Account may be suspended or terminated.

User Conduct Terms

In regards to your use of the Services, you agree that you will not:

use the Services for commercial or other purposes that are not expressly permitted by these Terms;
copy, store, or otherwise access any information obtained through the Services for purposes not expressly permitted by byFood, or that would violate any laws;
obstruct or damage the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similar methods or technology;
use the Services to transmit, disseminate, post, or submit any information concerning any other person or entity, including, without limitation, personal contact information or credit card, debit card, or bank account numbers;
use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Services on the byFood platform;
pay or offer money to a Host during and/or in connection with a Food Experience;
violate any local, prefectural, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations and data protection regulations;
cause any damage to the locations of the Food Experience or to the property or personal belongings of a Host;
recruit or otherwise solicit any Host or other Services user to join third party services or websites that are competitive or similar to byFood, without byFood's prior written approval;
use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, "scrape," "crawl," or "spider" any web pages or other services contained in the Services;
"stalk" or harass any other user of our Services or collect or store any personally identifiable information about any other Member other than for purposes of transacting as a User;
contact a Host for any purpose other than asking a question related to your booking of a Food Experience (other than with the Host's permission);
mistreat any byFood employees including, but not limited to, using abusive language in writing or by telephone;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
post, upload, publish, or transmit any content that: (i) infringes a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights to publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
use, display, mirror, or frame the Services or any individual element within the Services, byFood's name, any byFood trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without byFood's express written consent;
access, tamper with, or use non-public areas of the Services, byFood's computer systems, or the technical delivery systems of byFood's providers;
attempt to probe, scan, or test the vulnerability of any byFood system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by byFood or any of byFood's providers or any other third party (including another user) to protect the Services or any of the content on the Services;
attempt to decipher, disassemble or reverse engineer any of the software used to provide the Services or content on the Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.

ByFood's Enforcement Rights

Although we are not obligated to monitor access to or use of the Services or to review or edit any content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any content on the Site, at any time and without notice, including, but not limited to content that we, at our sole discretion, deem to be objectionable or in violation of these Terms or of our User Conduct Terms. We have the right to investigate violations of these Terms or conduct that concerns the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any content on the Site.

Copyright Policy

It is byFood's policy to terminate, in appropriate circumstances, Account holders who repeatedly infringe the rights of copyright holders. Please see byFood's Copyright Policy, for additional information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources such as Google Maps. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such third-party websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Termination

We may terminate these Terms or your access to the Services, at our sole discretion and without liability to you, at any time and with or without prior notice to you. Upon any termination, or cancellation of the Services, the following provisions will survive: User Conduct Terms, Disclaimers, Limitation of Liability, and Dispute Resolution. Upon any termination or cancellation of the Services or your Account, we will promptly pay you any amounts that we in our discretion determine we are legally obligated to pay you.

Disclaimers

The Services are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of the course of dealing or usage of trade.

Although we do our best to work with Hosts and Sellers that offer high-quality Food Experiences and E-commerce Products, and we screen our Hosts and Sellers to try to ensure this, byFood makes no guarantee that the Food Experiences and E-commerce Products will meet your requirements, or regarding the quality of any Food Experiences, Restaurants or E-commerce Products that are available on the Site.

ByFood makes no guarantee as to the identity, character, or conduct of Members and assumes no responsibility for a Host's, Seller's, or a User's compliance with any applicable laws and regulations. You agree to take reasonable precautions in all communications and interactions with other Members with whom you communicate or interact as a result of your use of the Services, including without limitation, Users, Hosts, and Sellers, particularly if you decide to meet offline or in person, regardless of whether such meetings are organized by byFood. ByFood explicitly disclaims all liability for any act or omission of any User, Host, Seller, or another third party.

Indemnity

You will defend, indemnify, and hold byFood and its affiliates and subsidiaries (and their respective officers, directors, employees, and agents) harmless against any claims, disputes, demands, liabilities, damages, losses, regulatory fines, and costs and expenses; including, without limitation, reasonable legal and accounting fees arising out of, or in any way connected with, (i) your access to or use of the Site or Services, including without limitation your booking or provision of a Food Experience; or (ii) your breach of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, including but not limited to your providing or booking of any Food Experiences and Restaurants or ordering E-commerce Products via the Services, and any contact you have with other users of the services, whether in person or online, remains with you.

Neither byFood nor any other party involved in creating, producing, or delivering the Services, will be liable for (i) any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or use or goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services; (ii) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (iii) the use of or inability to use the Services; (iv) any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services; (vi) booking of any Food Experiences via the Services; whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not byFood has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Except for our obligations to refund amounts to the appropriate Users if applicable, in no event will byFood's aggregate liability arising out of or in connection with these Terms and your use of the Services, or from any communications, interactions, or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, exceed the amounts you have paid or owe for bookings via the Services as a User in the twelve (12) month period prior to the event giving rise to the liability or the limitations of damages set forth above are fundamental elements of the basis of the bargain between byFood and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions.

All disputes, controversies, or differences which may arise between the parties hereto, out of or in relation to or in connection with these Terms shall be finally settled by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.

Agreement to Arbitrate

All disputes, controversies or differences arising out of or in connection with this contract shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan. The number of the arbitrators shall be three. The arbitral proceedings shall be conducted in Japanese.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between byFood and you regarding the Site, Services, and any bookings, orders or provision of Food Experiences and E-commerce Orders made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between byFood and you regarding the Services, and any bookings, orders or provision of Food Experiences and E-commerce Products made via the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without byFood's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ByFood may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by byFood to you under these Terms, including those regarding modifications to these Terms, will be given by byFood: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms apply only to byFood and you. These Terms are not intended to and shall not create any third party beneficiary rights, except as expressly provided in these Terms.

ByFood's failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of byFood. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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Last Updated: December 26, 2023