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General Terms Of Use

Status 10.04.2020
1 - Scope of Application

1.1 All information and rules in these terms and conditions refer to the website foodporty.com as well as to other websites, which refer to foodporty.com. In these term of use, FoodPorty is referred to as an entitiy, however the brand "FoodPorty" is property of FoodPort LLC, founded in Z├╝rich Switzerland. FoodPort LLC is managed by the legal or natural persons listed in the imprint. Special regulations of legal subjects in the partnerships with various retailers and other business partners remain expressly reserved. FoodPorty reserves the right to change information, as well as the rules on the use of the services on this platform at any time. These changes are binding.

2 - Registration

2.1 Registration is only possible for legal entities, partnerships and persons with unlimited legal capacity. Natural persons are allowed. Minors in particular may not register to use the FoodPorty services.

2.2 The data requested by FoodPorty during registration must be complete and correct. The telephone number must not be value-added service telephone number and no P.O. Box as an address. Users who use the FoodPorty services in the exercise of their commercial or independent professional activity, are obliged to open a commercial FoodPorty account and their registration data to supplement the information required by law. If a user converts his or her private FoodPorty account into a commercial FoodPorty account, the terms and conditions set out in these FoodPorty terms of use and the FoodPorty Principles for commercial users.

2.3 Personal information to be entered during registration must be complete and correct at all times and include the following: username, full first and last name, date of birth, valid e-mail address and password.

2.4 when registering as a company, or a Commercial member account, the full first and last name of the contact person have to be stated and the full company name must be entered as nickname.

2.5 In the event of changes, the member is obliged to update these immediately in the personal user account so that the information is complete and correct at all times.
FoodPorty may at any time provide or waive additional information and/or verification for specific functions.

2.6 The Username to be chosen by the member must not be obscene, disparaging or otherwise objectionable.

2.7 Furthermore, the user name may not contain any reference to an e-mail or Internet address, nor infringe the rights of others.

2.8 The registration of a legal person or partnership may only be made by an authorized representative of the company or a natural person, who must be named. In the case of registration of natural persons, individual persons are the holders of the FoodPorty accounts (i.e. no married couples or families).

3 - A FoodPorty account is not transferable

3.1 FoodPorty has the right to delete FoodPorty accounts from incomplete registrations after a reasonable period of time. The same applies to FoodPorty accounts that have not been used for a longer period of time. Before deleting such an account FoodPorty does not have to inform the user

3.2 It is the responsibility of the user to ensure that his offers and contents (in particular pictures and other information) are lawful and do not violate the rights of third parties.

3.3 It is forbidden to offer, sell or purchase items whose offer, sale or purchase violates legal regulations, the FoodPorty principles, offer or advertise on FoodPorty in violation of third party rights or morality. FoodPorty reserves the right to make the sale of certain articles subject to conditions which go beyond the legal requirements. The principles concerning prohibited articles apply. For the publication of other content, the principle on contributions and content of FoodPorty users applies.

3.4 It is prohibited to change the prices of own or third party offers by using several FoodPorty accounts or in cooperation with other users to manipulate the behavior of others that visit the domain (www.)foodporty.com.

3.5 For technical reasons, it is possible that offers and products cannot be found immediately after they have been added to the Vendor's catalog via the add function.

3.6 FoodPorty reserves the right to extend the running time of auctions by up to 15 minutes if this is necessary for technical reasons.

3.7 The article description as well as the pictures used may only refer to the offered article.

3.8 Sellers are not allowed to use seals of approval when using the FoodPorty services, use warranty marks or other symbols of third parties, unless FoodPorty authorizes such symbols.

4 - Sanctions, suspension and termination

4.1 FoodPorty may take the following measures if there are concrete indications that, a user is subject to legal regulations, third party rights, the FoodPorty terms and conditions or the FoodPorty principles are violated or if FoodPorty has any other legitimate interest, in particular to protect users from fraudulent activities.

4.2 Delay in the publication of offers and other content may lead to temporary suspension or permanent suspension.

5 - Termination through FoodPorty

5.1 FoodPorty is entitled, for factual reasons, especially in the event of disregard of the general terms and conditions, to exclude (i.e. to terminate the membership), to prohibit a use or a service without the member concerned having any claims against FoodPorty as a result.

5.2 FoodPorty has the right to temporarily suspend or definitively exclude a member if it is likely that it appears that another member who has already been blocked or excluded (such as family members or members of the household) conducts transactions via this account, or if there are reasonable grounds to suspect that the member has violated the rights of third parties.

5.3 Success commission and promotion fees plus any reminder fees and Even in the event of an exclusion, compensation is still owed. Possible given and received ratings as well as "Questions & Answers" of a member also appear after the termination of the membership.

5.4 Excluded members have no right to join without prior consent from FoodPorty to register again as a member, either under his/her own name or under another name. Offences against these regulations are invoiced with CHF 100.- (Swiss Francs).

6 - Fees

6.1 FoodPorty will charge a non-refundable listing fee in form of packages for enabling vendors to list themselves on items.

6.2 For Vendors that buy a package, listing fee) with company headquarters in Switzerland, the paid fee contains tha VAT for services.

7 - Fees for additional options

7.1 As a Vendor you can use various options to draw attention to your offers. You increase the chance of popularity by doing this.

7.2 Unless otherwise described, these additional options relate exclusively to the display of your Offers on the classic website (www.)FoodPorty.com, not on the presentation in apps. Please note that these fees are non-refundable.

7.3 If you remove one or more additional options after the offer has started, this will not affect the fee calculation. This means that additional options that have already been calculated have to be paid for. Additional options are not refundable, regardless of the duration of use.
Items, in which you list yourself as seller but then remove yourself from, lose all settings they had. So if the item is readded, all points, credit, benefits, etc are reset. This means that vendors have to pay for promotion again.

8 - Offer formats and contract conclusion

8.1 FoodPorty provides the users with a variety of offer formats and functions, to initiate contracts by means of the FoodPorty services or to conclude contracts by means of the FoodPorty services. Vendors have the possibility to offer their articles internationally via the FoodPorty services.

9 - Membership
9.1 Requirement for offering and mapping oneself in more than five products, for the use of products related website functions as well as for the use of password protected areas of the websites (especially a personal account) is the membership as a registered user.

9.2 In order to be able to use all functions of the FoodIndex as a member (especially promoting and unlimited product mapping), different levels of verification are provided or may be required.

9.3 The view of a product offered through a classified ad, is also open to non-members.

9.4 In order to be able to post offers, the consent of FoodPorty must be obtained in advance, whereby in principle only registered commercial providers or registered legal persons are admitted. The corresponding request incl. trade licence is to be addressed to: info@FoodPorty.com.

10 - Commencement and termination of membership
10.1 The membership begins with the sending of an e-mail confirmation by FoodPorty after the membership has been Registered and agreed to these terms and conditions.

10.2 The termination of membership is, if all the following conditions are fulfilled, at any time by a Cancellation e-mail to inquiry@FoodPorty.com possible:
  • - The member's account balance is balanced, i.e. there is no balance in favour of FoodPorty.
  • - The member does not currently offer any products on FoodPorty.
  • - The member is not currently listed as seller in any products on FoodPorty.
  • - The member is not involved as a bidder or an ongoing auction.
If one of the conditions is not fulfilled, the termination is invalid.

10.3 The FoodPorty customer service confirms with an e-mail and closes the corresponding account.Any submitted and received Ratings as well as "Questions & Answers" of a member appear even after the member has cancelled the Membership on FoodPorty.

11 - Technical interventions

11.1 The use of mechanisms, software or other scripts that ensure the proper operation of the website is prohibited.

11.2 Members may not take any measures that could cause an unreasonable or excessive burden on the infrastructure of FoodPorty.

11.3 Members, users and visitors are prohibited from blocking content generated by FoodPorty, to overwrite or modify or otherwise interfere with the FoodPorty websites.

12 - Intellectual property rights of third parties (intellectua)

12.1 - Offers, texts and pictorial representations, which a member place in any kind and form (offer descriptions, evaluations, entries in the "Questions and Answers" function, etc.) published or otherwise communicated via the FoodIndex, have no intellectual property rights are not allowed to injure third parties.

12.2 The member may only use and publish pictures and texts on the FoodPorty website, which FoodPorty has created itself or for which the rightholder has given his consent to use; this applies in particular also for text and image material that is publicly accessible on another website.

12.3 Offers, texts and pictorial representations, which a member on the FoodIndex place in any kind of form (offer descriptions, evaluations, entries in the "Questions and Answers" function, etc.) published or otherwise communicated via the FoodIndex, have no personal rights of any kind are not allowed injure third parties; in particular they must not be insulting, obscene, defamatory, harassing, defamatory, be disparaging, disparaging, defamatory, etc.

12.4 FoodPorty does not guarantee the correctness of the product data. Nutritional information, pictures, weight, etc. may vary.

13 - No advertising

13.1 Offers, texts and pictorial representations, which a member on the FoodIndex in any kind and form (Offer descriptions, ratings, entries within the "Questions and answers" function, text for End-e-mails, message to potential buyers etc.) published or otherwise communicated via the FoodIndex, may not contain any form of advertising. Advertisers are asked to remain objective.

13.2 The offers and content (including images) published on the FoodIndex may not contain any URL links or Web addresses included. Excluded from this are offers in the form of small advertisements as well as those in general prohibition list or content added by FoodPorty.

13.3 Furthermore, the submission of bids by means of automated data processing is prohibited.

14 - Truthful use of the rating system

14.1 The user is obliged to provide truthful information in the ratings he/she gives.

14.2 The ratings must be factual and may not contain any personal insults.

14.3 It is not permitted to include advertising in a rating (e.g. providing a www address, etc.))

14.4 Any unfair Influence on one's own or third party evaluation profiles or evaluations as well as any misuse of the grading system are prohibited.

14.5 It is also not allowed to include personal data in an evaluation.

14.6 It is also not allowed to give misleading ratings or to use the manipulate the evaluation system to your own advantage.

14.7 FoodPorty is entitled at any time and without further inquiry, but not obliged to intervene exceptionally in the autonomous evaluation system and to make evaluations on delete and/or rectify.

14.8 It is forbidden to take actions that serve to circumvent the fee structure of FoodPorty (e.g. offers with disproportionately high product costs).

15 - FoodIndex operation at FoodPorty

15.1 FoodPorty is authorised to suspend the offering of certain products and product groups on the FoodIndex at any time according to at its own discretion and without giving reasons.

15.2 FoodPorty is authorized to publish individual offers, bids as well as text and image material on the website at any time without Consultation and to delete without giving reasons. This also applies in particular to offers that are FoodIndex category, bids that are obviously not meant seriously, and text- or graphical material that could violate the rights of third parties.

15.3 From corresponding deletions no claims against FoodPorty can be derived.

15.4 Furthermore, FoodPorty is entitled at any time and without prior notice and justification to rename, split, merge, repeal or reintroduce and current offers to move it to another category or delete it.

16 - Violations of the General Terms and Conditions by a Member

16.1 FoodPorty is entitled to warn a member if there are credible, concrete indications that the member Member has violated these terms and conditions.

16.2 FoodPorty is in particular entitled to warn a member if there are credible, concrete indications that the member has deliberately breached his contractual obligations to violate another member.

16.3 It is prohibited to offer products whose offer, sale, purchase, sale or use could be contrary to legal provisions or morality.

16.4 FoodPorty carries out a non-exhaustive and continuously updated list of banned products of products whose offer or advertising is prohibited without the prior express permission of FoodPorty.

16.5 Irrespective of the entry of a product on the list, FoodPorty reserves the right to delete offers at any time and to inform the competent authorities or injured third parties.

18 - Payment deadline

18.1 The user receives a payment request and payment reminders by e-mail.

18.2 In the fee overview all fees, payments, credits and refunds are listed. the respective account balance, which is due 14 days, becomes due for payment.

18.3 The member is also obliged to pay if, for technical reasons does not receive a request for payment.

18.4 FoodPorty has the right to deactivate an account with open payments at anytime. The owed fee still has to be paid by the member.

18.5 Open fees are payable upon receipt of the request for payment. 30 days after receipt of the request for payment, the first reminder will be sent and 44 days after receipt of the payment request, the last reminder is sent by e-mail.

18.6 FoodPorty has the right, after first payment reminder, reminder charges of CHF 10.00 will be charged.

18.7 If the due amount is not paid account balances, including reminder fees, the user account will automatically be closed 60 days after payment request blocked. In case of recurrence, FoodPorty can remove a member from the trade on FoodPorty FoodPorty reserves the right to charge the total amount of the stand including any fees not yet invoiced to a to a collection agency. Premium packages are excluded, as they are paid in advance.

20 - Applicable law and place of jurisdiction

20.1 All disputes between FoodPorty and a third party in connection with these general terms and conditions shall be settled by (current or former) members are subject to Swiss law. Unless otherwise provided by law, the place of jurisdiction is Zurich, Switzerland.