Foodmato Terms & Conditions

Effective Date: October 2025 | Last Updated: October 2025

Welcome to Foodmato, a multi-restaurant food delivery platform connecting customers, restaurants, and delivery partners (“Drivers”).

These Terms & Conditions (“Terms”) govern your use of Foodmato’s website, mobile applications, APIs, and related services (collectively referred to as the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy.

1. About Foodmato

Foodmato/ Tech Jobs Fair GmbH (“Foodmato”, “we”, “us”, “our”) operates a digital marketplace that enables:

• Customers to discover restaurants, place online food orders, and make secure payments.
• Restaurants to receive, prepare, and manage customer orders.
• Delivery partners to accept and deliver those orders.

Foodmato does not own or prepare food. Each restaurant listed on the Platform operates as an independent business responsible for the quality, safety, and fulfillment of its own products.

2. Scope of Services

• Access to menus, prices, and delivery availability of listed restaurants.
• Online ordering and payment functionality.
• Real-time order tracking and communication between customers, restaurants, and couriers.
• Customer support and refund coordination in specific cases.

Foodmato acts solely as an intermediary and technology provider, not as the seller or producer of any food or beverage items.

3. Permitted Products, Alcohol Sales and Food Safety Compliance

a. Permitted Products

Partners (restaurants, food sellers and merchants) may only list and sell on the Foodmato platform:

• Freshly prepared meals and ready-to-eat food.
• Packaged food and snacks.
• Non-alcoholic beverages.
• Alcoholic beverages (only where legally permitted - see Section 3).

All products must be intended for human consumption and must be produced, stored, prepared and delivered in compliance with European Union and German food safety laws, including but not limited to:

• Regulation (EC) No. 178/2002 (General Food Law)
• Regulation (EC) No. 852/2004 (Food Hygiene)
• German Food and Feed Code (LFGB - Lebensmittel- und Futtermittelgesetzbuch)

b. Food Safety and Business Registration

Each Partner offering food or beverages on Foodmato must:

• Be a legally registered food business in Germany or the EU
• Be registered with the local Gesundheitsamt / Lebensmittelüberwachungsamt
• Comply with HACCP food safety standards
• Hold all required food-handling and hygiene certificates
• Maintain valid trade and food business registrations (Gewerbeanmeldung)

Foodmato may require documentation proving these registrations and may suspend or remove any Partner who cannot provide valid proof.

c. Alcohol Sales

Alcoholic beverages may only be offered on Foodmato if all of the following conditions are met:

• The Partner holds a valid alcohol sales license (Gaststättenerlaubnis or equivalent)
• Alcohol sales comply with the German Youth Protection Act (Jugendschutzgesetz)
• Alcohol may not be sold or delivered to persons under 18 years of age
• Foodmato or its delivery partners may perform age verification at delivery
• Alcohol may not be marketed, discounted, or promoted in a way that targets minors

Foodmato reserves the right to block alcohol sales for any Partner that fails to comply with these rules.

d. Prohibited Products

The following items may never be sold or listed on Foodmato:

• Illegal or unsafe food
• Unlicensed homemade food (e.g., food prepared in private kitchens without approval)
• Drugs, narcotics, or controlled substances
• Tobacco or vaping products
• Medical or pharmaceutical products
• Dietary supplements requiring medical authorization
• Any product prohibited under EU or German law

e. Ingredient, Allergen and Product Information

Partners must provide accurate and complete information for every product, including:

• Ingredients
• Allergens (as required by EU Regulation 1169/2011)
• Food type (e.g. vegetarian, vegan, halal, etc.)

Partners are fully responsible for the correctness of this information. Foodmato is not liable for errors provided by the Partner.

f. Responsibility and Liability

Each Partner is solely responsible for:

• The safety, quality and legality of their products
• Compliance with all food, hygiene, labeling and alcohol laws
• Any injury, illness, allergic reaction or legal violation arising from their products

Foodmato acts only as a technology and marketplace provider and does not prepare, store, or handle food.

g. Right of Removal

Foodmato reserves the right to remove any product or Partner immediately if:

• Legal compliance cannot be verified
• Food safety is in doubt
• Alcohol laws or youth protection rules are violated
• Customer safety is at risk

This may be done without prior notice.

4. Eligibility

You must be at least 18 years old to use the Platform.

By creating an account, you confirm that:

• All information you provide is true, accurate, and complete.
• You will maintain only one personal account.
• You will not share your login credentials with others.

5. Account Registration

To place orders or access partner services, you must create an account using a valid email or social login. You are responsible for all activity occurring under your account.

If you suspect unauthorized access, notify us immediately at support@foodmato.com.

Foodmato reserves the right to suspend or terminate accounts that violate these Terms or are suspected of fraudulent activity.

6. Orders and Payments

a. Placing Orders

• You make an offer to purchase items from the selected restaurant.
• The restaurant accepts the order once it confirms via the Platform.
• A separate sales contract is formed between you and the restaurant.

Foodmato facilitates order communication and payment collection on behalf of the restaurant.

b. Pricing

Menu prices and delivery fees are set by each restaurant and may vary by location or time. Prices are displayed inclusive of all applicable taxes unless stated otherwise.

c. Payment

Payments are processed securely through integrated third-party payment providers (e.g., Stripe). You agree to pay the total order amount, including taxes, delivery fees, and service charges (if applicable).

d. Cancellations and Refunds

• Orders can only be canceled before a restaurant accepts them.
• Once preparation has started, cancellations are not guaranteed.
• If an issue arises (e.g., missing or incorrect items), you can contact support@foodmato.com within 24 hours for review.

Refunds, if approved, will be processed to your original payment method.

7. Delivery and Pickup

a. Delivery Orders

Delivery is handled either by the restaurant or by independent drivers registered with Foodmato.

Delivery times are estimates and may vary due to weather, traffic, or high demand.

b. Pickup Orders

If you choose pickup, please arrive at the scheduled time. Restaurants may dispose of or reassign unclaimed orders after a reasonable waiting period without refund.

c. Responsibility

Foodmato is not liable for delays or damages caused by third-party couriers once the order has been handed over.

8. Restaurant and Partner Obligations

a. For Restaurants

• Provide accurate menu, price, and availability information.
• Prepare and handle food according to all health and safety regulations.
• Fulfill orders promptly after confirmation.

b. For Drivers

• Ensure safe and timely delivery.
• Maintain valid identification and vehicle insurance.
• Handle food responsibly and courteously.

Foodmato reserves the right to deactivate any restaurant or driver violating legal, ethical, or service quality standards.

9. User Conduct

• Use the Platform for lawful and non-deceptive purposes only.
• Do not interfere with other users or the system (e.g., by hacking or spreading malware).
• Do not post or transmit harmful, offensive, or defamatory content.
• Do not copy, scrape, or reproduce data from the Platform for commercial use.

10. Service Availability

Foodmato aims for continuous availability but does not guarantee uninterrupted or error-free operation. We may suspend or modify services for maintenance, security, or business reasons without notice.

11. Intellectual Property

All content, trademarks, and software on the Platform are owned or licensed by Foodmato. You are granted a limited, non-exclusive, non-transferable license to use the Platform for personal, non-commercial purposes.

12. Limitation of Liability

• Foodmato is not responsible for the quality, taste, or safety of any food item.
• We are not liable for delays, errors, or damages arising from restaurant or courier performance.
• Our total aggregate liability under these Terms shall not exceed €100 per claim.

13. Privacy and Data Protection

Your use of Foodmato is governed by our Privacy Policy and Cookie Policy, which explain how we collect, store, and use personal data. By using the Platform, you consent to those policies.

14. Termination

• Violating these Terms or applicable laws;
• Engaging in fraudulent or abusive activity;
• Posing a security or reputation risk to the platform.

You may delete your account anytime through app settings or by emailing support@foodmato.com.

15. Dispute Resolution

We aim to resolve all complaints fairly and quickly. If you have an issue, contact support@foodmato.com before pursuing legal action. In unresolved cases, disputes shall be governed by German law and handled by the courts of Berlin, Germany.

16. Amendments

We may revise these Terms periodically to reflect legal, technical, or business changes. The updated version will be posted on our website with a new “Last Updated” date. Continued use after updates constitutes acceptance of the new Terms.

17. Contact Information

📧 support@foodmato.com

🌐 www.foodmato.com

📍 Foodmato / Tech Jobs Fair GmbH, Köpenicker Strasse 159, 10997, Berlin, Germany

18. Definitions

• “Platform” – Foodmato’s website, apps, APIs, and connected services.
• “User” – Anyone accessing or using the Platform.
• “Restaurant Partner” – Any business offering food or beverages on Foodmato.
• “Driver Partner” – Independent contractor responsible for deliveries.
• “Order” – A confirmed purchase request placed by a User.

19. Credits

Foodmato uses third-party resources to enhance the user experience. We acknowledge and thank the following platforms for their contributions:

• GetEmoji – for providing open-source emoji assets used throughout the interface. https://www.getemoji.com
• Canva – for offering tools and resources used in creating our food images, promotional graphics, and marketing assets. https://www.canva.com
• EmojiDB – for offering emoji references, including food-related emojis. https://emojidb.org