Cyber Food website Terms and conditions 

These Terms and Conditions govern your use of the Cyber Food website and unless otherwise stated, to your use of any other website or mobile application owned or operated by Cyber Food or operated on behalf of Cyber Food (collectively the “Websites”). Please read these Terms and Conditions carefully before using the Websites. 

Agreement to Terms 

By using the Websites, you agree to these Terms and conditions and the Cyber Food General Online Privacy Policy (for visitors who are eighteen years of age or over) or the Cyber Food Children’s Online Privacy Policy (for visitors who are under eighteen (18) years of age) which are incorporated herein by reference. Each time you use the Websites, you reaffirm your acceptance of the then-current Terms and conditions. If you do not wish to be bound by these Terms and conditions, your only remedy is to discontinue using the Websites. 

Cyber Food may change these Terms and Conditions at any time and at its sole discretion. The modified Terms and conditions will be effective immediately upon posting and you agree to the newly posted Terms and conditions by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and conditions, your only remedy is to discontinue using the Websites. 

Accounts 

You may be required to create an account and specify a password to use certain features on the Websites. As prompted by the registration processes, you agree to provide, maintain and update true, accurate, current, and complete information about yourself. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. 

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from being accessed by others. If you believe that your account has been compromised, you must immediately contact us by mail at: support@cyberfood.com.fj or send a message to our live-chat service. You agree to indemnify and hold harmless Cyber Food for losses incurred by Cyber Food or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. 
 

Cancellation and Refund Policy

(i) Online Payment Orders

You have the right to a refund for a canceled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your canceled Order.

(ii) Cash-on-Delivery Orders

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your canceled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

If you are entitled to a refund by the refund and cancellation policies set out in this Terms and Conditions, you agree that:

• the default mode of refund for Orders in which payments were made through a credit card, debit card, or Cash on Delivery method will be a refund to you by Cyber Food Business Account.
• If you qualify for a Refund then, Bank fees or any other online charges will be applicable and deducted as per Bank requirements.
• where the purchase was made using any other online payment method like M.Paisa / My-Cash etc, we will credit the refund to the same online payment method.

We may require you to provide additional information before processing any refund.

If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be published. If you still have not received your refund, please contact customer support via email at support@cyberfood.com.fj or our live chat available on our website phone number Short Code: 5050 – Viber/WhatsApp 9922066 - 8989989

Cyber Food reserves the right to cancel any Order and/or suspend, deactivate, or terminate your Cyber Food account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Cyber Food account and/or with your Order.

Order Processing Conditions

For orders placed from CyberFood vendors, as set out in this Terms and Conditions, you hereby agree that:

1. If you are a first-time user of Cyber Food delivery service and you want to order food from a partner or NON-Partner vendor, via Viber, WhatsApp, or Social Media or over the phone call or Text Message then you will be required to provide your full name, phone number, detailed delivery address, mode of payment, and a copy of your valid photo ID
2. If you are a first-time user of Cyber Food delivery service and you want to pay cash on delivery as a mode of payment then it's compulsory for you to pay first via M.Paisa or Bank Transfer to process your order. 
3. Cyber Food has full rights not to proceed with your order without prior payment arrangements for the order you selected Cash on delivery as a mode of payment.
4. A valid copy of your Photo ID will be required when selecting cash on delivery, mobile wallet QR Pay, EFTPOS modes of payment
5. Orders from Restaurants/Vendors will cost you the receipt price, service charges (detailed below), and delivery charges (detailed below) as the total of your dues.**
6. 15% to 20% Service charges (inclusive of admin costs, internet costs, phone calls, rider, bag, and restaurant update costs, etc) are added onto meal invoices
7. Delivery charges are calculated from Pickup or Point A to Delivery Address or Point B. 
8. Cyber food reserves its right to cancel the orders from a restaurant upon failure to retrieve details mentioned in (1) above or upon failure to receive satisfactory advice of payment.
9. The user selects Digital Payment and uses "WindCave" as an online payment gateway to pay for the order amount 4% bank fee will apply on each transaction.
10. The user selects Digital Payment and uses "M.Paisa" as an online payment gateway to pay for the order amount 3% bank fee will apply on each transaction.
11. Sales receipts will be provided upon request as per the above explanation.
12. Should an order be conducted, and the recipient be unavailable or non-acceptant of the order, for a minimum of 15 minutes of our rider's presence at the delivery address, the customer will still be liable to pay for the order conducted. The meal/product will not be delivered at a later stage in time. if the same order is still required after the lapsed 15 minutes, a new order for the said products will be placed with new charges as described in (3) above, unless otherwise negotiated with CyberFood admin. 

Content Posted by Other Users 

Cyber Food is not responsible for and does not endorse, Content in any posting made by other users on the Websites. Under no circumstances shall Cyber Food be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Websites. If you become aware of misuse of the Websites by any person, please contact customer support via email at support@cyberfood.com.fj or our live chat available on our website phone number Short Code: 5050 – Viber/WhatsApp 9922066 – 8989989.

If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately. 


Activities Prohibited on the Websites 

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. Cyber Food reserves the right to investigate and take appropriate legal action against anyone who, in Cyber Food's sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following: 

- Using the Websites for any purpose in violation of local, state, or federal laws or regulations; 
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; 
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Cyber Food in its sole discretion or under local community standards; 
- Posting Content that constitutes cyber-bullying, as determined by Cyber Food in its sole discretion; 
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior; 
- Posting telephone numbers, street addresses, or last names of any person; 
- Posting URLs to external websites or any form of HTML or programming code; 
- Posting anything that may be “spam,” as determined by Cyber Food in its sole discretion; 
- Impersonating another person when posting Content; 
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; 
- Allowing any other person or entity to use your identification for posting or viewing comments; 
- Harassing, threatening, stalking, or abusing any person; 
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Cyber Food, exposes Cyber Food or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or 
- Encouraging other people to engage in any prohibited activities as described herein. 
Cyber Food reserves the right -- but is not obligated -- to do any or all of the following: 

- Investigate an allegation that any Content posted on the Websites does not conform to these Terms and conditions and determine in its sole discretion to remove or request the removal of the Content; 
- Remove Content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms and conditions; 
- Terminate a user’s access to the Websites upon any breach of these Terms and conditions; 
- Monitor, edit, or disclose any Content on the Websites; and 
- Edit or delete any Content posted on the Websites, regardless of whether such Content violates these standards. 
- Cyber Food Trademarks and Copyrights 

All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Cyber Food and/or third parties who have authorized their use (collectively the “Trademarks”) 

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. Using Cyber Food's trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. Cyber Food will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Cyber Food neither warrants nor represents that your use of materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with Cyber Food. Use of any materials on the Websites is at your own risk. 

Hyperlinks 

This website may contain hyperlinks to third-party websites. Cyber Food does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Cyber Food is not responsible or liable for any Content or other materials on these third-party websites. 

Governing Law and Severability 

These Terms and Conditions shall be governed by and construed by the laws of Fiji, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and conditions and or your use of the Websites resides in the courts of Fiji, and you further expressly agree to submit to the personal jurisdiction of such courts to litigate any such claim or action. 

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision. 

Payment 

Payments are processed by Cyber Food (Online Food Delivery) a limited liability company (Cyber@ge Pte Ltd) incorporated and existing under the laws of the Fiji Islands, which is the ultimate holding of the local company in Fiji.

Warranties 

The Websites and the Content are provided on an “as is” basis. To the fullest extent permitted by law, Cyber Food, its parent, subsidiaries, and affiliates (the Cyber Food entities), and each of their agents, representatives, and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Cyber Food Entities, their agents, representatives, and service providers cannot and do not guarantee or warrant that: (a) the Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the Websites will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c,) any files available for downloading from the Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the Websites will remain on the Websites; or (e) the functions or services performed on the Websites will be uninterrupted or error-free or that defects in the Websites will be corrected. 

Limitation of Liability 

The Cyber Food entities, their agents, representatives, and service providers, entire liability, and your exclusive remedy concerning your use of the websites is to discontinue your use. The Cyber Food entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Cyber Food entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Cyber Food entities, their agents, representatives, and service providers' liability shall be limited to the extent permitted by law. 

Termination 

Cyber Food has the right to terminate your account and access to the Websites for any reason, including, without limitation, if Cyber Food, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and conditions. Cyber Food may, but shall be under no obligation to, provide you with a warning before termination of your use of the Websites. 

Food Items

We would like to notify you that food items or products may vary from the picture displayed on our website or menu. We strive to provide accurate descriptions and images of our food items, but please be aware that variations can occur due to differences in cooking techniques, seasonal availability of ingredients, and plating. We want our customers to have the best possible experience when ordering from us, so we recommend reading the item description carefully and contacting us with any questions or concerns you may have. We appreciate your understanding and look forward to serving you delicious food. 

Promote Code/Voucher 

Unless otherwise stated, 

- promo code/voucher is only applicable to food orders, excluding delivery fees 
- Valid only for online payment 
- Cyber Food reserves the right to cancel orders and accounts if fraud activities are detected 
- Cyber Food reserves the right to stop this promo code/voucher to be used in certain restaurants without prior notice 
- Individual restaurant terms & conditions apply 

Contact Us 

Questions? Comments? please contact customer support via email at support@cyberfood.com.fj or our live chat available on our website phone number Short Code: 5050 – Viber/WhatsApp 9922066 - 8989989

© 2017 - 2024 Cyber Food. All rights reserved.