T & C
Exclusive LF Member Online Placement Reservation Terms & Conditions
Thank you for reserving your Placement as an Exclusive Lifestyle Foodz Member. By making your Placement Reservation, you have secured your Exclusive LF Business Launch Membership Special and the approximate priority within your area to launch an online Exclusive LF Member Portfolio within Lifestyle Foodz marketplace.
1.General Purpose and Definitions:
1.1. In consideration of the mutual covenants contained in this Agreement, the parties agree to comply with their respective obligations set out herein.
1.2. The Exclusive LF Member is reserving an upfront Business Launch Membership Special Placement Reservation limited offer with waived Initiation Fee (tech devices are not included and not provided).
1.3. Once an Exclusive LF Member Portfolio is activated, Lifestyle Foodz will charge Food Crafter/Restaurant: a) 12% Commission Fee per order for the first 4 months of operations; b). $ 1.95 Admin Charge per online Order + credit card processing fee + applicable taxes.
1.4. Lifestyle Foodz will, on the behalf of the Exclusive LF Member, will charge each customer who orders via the online LF Networking Platform: $ 0.95 Consumer Admin Charge per online order.
1.5. The Food Crafter/Restaurant guarantees that its LF Profile and/or Exclusive LF Member Portfolio specially developed by Lifestyle Foodz (which is to include their macro data, classification analysis, and visual content) can ONLY be sold by the Exclusive LF Member on-premise (restaurant/store) or online exclusively via Lifestyle Foodz Technology and applications.
1.6. Lifestyle Foodz reserves the right to change the payments and commissions, which can be performed due to changes in distribution costs, taxes or other related aspects, as well as a service enhancement and expansion factors. Lifestyle Foodz will notify the Exclusive LF Member by electronic or factual means of communication minimum 2 weeks prior to change implementation.
1.7. Terms: a) This Agreement is valid for the next 12 months, starting from the Effective Date, and is subjected to any changes, amendments, and revisions along with website LF Terms and Conditions available at LF partner page www.golifestylefoodz.com; b). either LF or Exclusive LF Member can terminate the Agreement for any reason at any time with prior written notice.
Adds-on: o Exclusive LF Member Signature Lifestyle Portfolio (not included) o On-demand special Lifestyle Design Foodz (not included)
Exclusive Member Signature Portfolio consists of: a). “House Signature Menu”: Exclusive LF Member’s original house food and beverages (“Products”), which are nutritionally analyzed, stratified into LF online food categories and rebranded by LF (professional food photography and branding), and/or b). On-demand special Lifestyle Design Foodz: exclusively developed and designed meals and recipes by LF in-house nutritionists and dietitians for the particular Exclusive LF Member’s business.
2. Nature of Service:
2.1. This Agreement defines the conditions of use of LF proprietary technology, which will create a business opportunity to market and promote an Exclusive LF Member within the health and well- being market segment, and to receive process and manage new customer orders placed within the LF Platform. Lifestyle Foodz is the owner and operator of the Networking Platform and its mobile application. Lifestyle Foodz operates as an online well-being and fitness foods ordering marketplace, along with its mobile applications and affiliated websites, mainly via its website www.lifestylefoodz.com (hereinafter collectively referred to as "Technology”), which allows customers to order food and beverages (hereinafter jointly referred to as "Products") for collection/takeouts, delivery (if handled by the Restaurant/Food Crafter by itself) from the Exclusive LF Members) and/or dine-in.
2.2. LF services are limited to the following: a). The Exclusive LF Member Web Profile development, and listing on LF platform; b). Activation of the Exclusive LF Member Profile, implementation online accessibility of the Products for customers purchase via the Networking Platform, facilitation of customers to place online orders with the Exclusive LF Member via the LF distribution channels; c). Acceptance of orders and payments from customers on behalf of the Exclusive LF Member (including commissions, premiums, credit card processing fee, and admin charges), communication of customers’ orders to the Exclusive LF Member.
2.3. The Exclusive LF Member recognizes and agrees that: a). Lifestyle Foodz is not a producer, supplier or reseller of Restaurant/Food Crafter Products, their derivatives, or any food or beverage products; b).LF offers the Exclusive LF Member Web Profile creation, LF Platform placement and listing, communicational, consultancy, and payment processing facility only; c).any Contract for the supply of the Exclusive LF Member Products and their derivatives is strictly between the Exclusive LF Member Restaurant and the End Consumer, and such contract is formed only if and by the Exclusive LF Member communicating an Order Acceptance to the Customer; d).LF carries no accountability for the execution of orders or the delivery of the Exclusive LF Member Products to Customers; e).LF will forward processed payments from Customers for Orders to the Exclusive LF Member in the amounts, manner and at the timeframes defined by the Terms and Conditions. LF does not hold Collected Payments on trust for the advantage of the Exclusive LF Member, a Customer or any other person, meanwhile it is free to deal with the Collected Payments in any way, manner it considers necessary; f).by making upfront Early Bird Special Placement Reservation (1.2.), the Restaurant/Food Crafter has secured the approximate priority within its area to launch online Exclusive LF Member Profile within Lifestyle Foodz Platform; g).LF will Not keep any payments (if any) separately or in an escrow or trust fund or pay any interest on any of the payments. h).any payments made by the Exclusive LF Member for Lifestyle Foodz extra services (ex. on-demand requested Lifestyle Design Foodz crafting) and/or any other related fees are non-refundable in case the Agreement is terminated after the service request; i). Lifestyle Foodz does not guarantee or warrant that the Technology or services provided will be free from defects or breakdown. In case of errors occurrence, LF will apply its best endeavors to resolve it a reasonably fast manner; j). Lifestyle Foodz reserves the right to may make the modification to or momentarily suspend the operation of the Networking Platform should Lifestyle Foodz consider this indispensable.
2.4. The Exclusive LF Member allows LF the use of Restaurant’s name, logo, and menus for the creation of the Exclusive LF member Web Profile and online presence. The Technology and associated marketing material (including and not limited to tailored crafted Signature Menu Portfolio, Exclusive Member Restaurant Web Profile, marketing, advertisement, and promotional materials, etc.) material developed and designed by LF during the collaboration period remains the property of LF at all times. On termination of this Agreement, Technology devices (if any) and related materials must be returned by the Restaurant/Food Crafter to Lifestyle Foodz.
2.5. This Agreement does not create any agency, employment, partnership, joint venture, or other joint relationship between Lifestyle Foodz and the Exclusive LF Member. Lifestyle Foodz and the Exclusive LF Member are independent contractors and neither has any authority to bind the other. For the avoidance of doubt, Lifestyle Foodz has no authority to bind the Exclusive LF Member to any contract with a Customer/End User, and no contract for the supply of Products is formed between any party until the Exclusive LF Member communicates Order Acceptance, at which time a contract is formed solely between the Exclusive LF Member and the end Customer. LF’s services are provided on an “as is” basis. There is no guarantee that users will buy from the Exclusive LF Member via the Technology.
3.Limitation of Liability:
3.1. Lifestyle Foodz, and its respective officers, directors, agents and employees shall not be liable to the Exclusive LF Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages, costs, direct or indirect losses including without limitation loss of profit, or any consequential loss suffered by the Exclusive LF Member and arising out of or in connection with this Agreement, including resulting from faults, breakdowns or other interruptions to the Service for any reason. Lifestyle Foodz shall not at any case be liable to the potential Exclusive LF Member as a result of any delay or failure to perform its obligations under this Agreement. Under no circumstance will LF be liable for lost profits or any other indirect, special, consequential, incidental or contingent damages. LF shall not be liable for any claim by any party arising from the use of the website, any failure of the website, any actions or omissions by LF or any other action contemplated by this Agreement. LF is not liable for any claim against the Exclusive LF Member by any other party concerning any claims regarding Products and/or services provided by the Exclusive LF Member.
3.2. The Exclusive LF Member shall solely take responsibility from all third-party claims for any missing and/or dishonest or misleading information and indications, also applicable to the Food Labeling and Food Information Regulation, and in particular, the ingredients used in the process of Product preparation, the exact amount accuracy and consistency of those ingredients per portion claimed by the Exclusive LF Member Restaurant, and will indemnify Lifestyle Foodz against any claim, loss, liability or damage arising out of any error or inaccuracy of, or any delay in notifying Lifestyle Foodz of any change to, any of the information it is required to supply in accordance with this clause.
The Exclusive LF Member indemnifies and holds harmless Lifestyle Foodz (and its directors, officers, agents, representatives, and employees) from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in relation with any claim or suit or command, including those: a). Made by a Customer (or any party on whose behalf a Customer has been acting) in respect of, arising out of, or in connection in any way with the Exclusive LF Member Products and their logistic; b).or, in regards to Product compliance with food quality laws or regulations, reckless or malicious act or omission performance of the Exclusive LF Member.
5.1. Some of the information revealed to the Exclusive LF Member during the collaboration must be treated as confidential and shall not be disclosed during the term of this Agreement or at any time thereafter to any third party, specifically the party which carries out Competing Activities to Lifestyle Foodz. "Competing Activities" means the same or similar services as LF is providing to the Exclusive LF Member under this Agreement, or other activities having a similar purpose.
5.2. Confidential information of Lifestyle Foodz also includes without limitation its business strategies, pricing, revenues, expenses, and order information.
6. Governing Law and Jurisdictions:
This Agreement and any dispute or claim arising out or in connection with this Agreement or its subject matter or formation, including any dispute or claim relating to noncontractual obligations shall be governed by and construed in accordance with the governing law of the State of Delaware.
Effective Date of these Terms of Service: May 1, 2020
By placing an online Exclusive LF Member Online Placement Reservation, I, as an authorized agent on behalf of the Restaurant/Food Crafter, certify that I have read and agree to be bound for the initial period of 12 months by this Agreement and Lifestyle Foodz’s Terms and Conditions and other LF website regulation, which are available at http://www.golifestylefoodz.com in full text.
THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND LIFESTYLE FOODZ