Terms and Conditions of Service
FOOSTIX SITE TERMS AND TERMS OF SERVICE
Important Legal Information
This page sets out the clauses (the “Terms and Conditions of Service”) on the basis of which Weservices S.à.r.l (later “FOOSTIX”) provides its services through the http://www.foostix.com website and any Foostix mobile application or website that allows visitors and users to access the Foostix website or services (collectively referred to as “the Site”). It is requested to read the Terms and Conditions of Service of the Site carefully before ordering any products from the Site, since any purchase of products for sale on the Site is framed by the Terms and Conditions of Service of the Site. The transmission of the order by the Site (now or in the future) constitutes the acceptance of being governed by the Terms and Conditions of Service reported here, which govern the use of the Site.
Foostix reserves the right to modify the Terms and Conditions of Service of the Site in time by modifying the clauses reported on this page. It is recommended that you print a copy of the Terms and Conditions of the Site for future consultation. Only the French version of the Terms and Conditions of Service of the Site is authentic.
The use of personal data transmitted by the Site is governed by the Foostix Privacy Notice.
For the sake of clarity, it should be noted that any reference to the “Site” contained in these Terms and Conditions of Service of the Site includes all current or future versions of the http://www.foostix.com website as well as any Foostix mobile application through which access to the Foostix site or services is made, regardless of whether in either case, access is through a currently existing platform or device or by a future platform or device (including, but not limited to, any mobile site, mobile application, affiliated or linked site intended to provide access to the Foostix site or services that may be developed over time).
The visit of the Site, if only a few parties, constitutes acceptance by visitors and users of these Terms and Conditions of Service of the Site. Visitors and users of the Site who refuse to accept the Terms and Conditions of Service of the Site are obliged to leave the Site immediately and will not have the opportunity to order the products through the Site.
I. GENERAL CONDITIONS OF USE AND SALE
1. INTRODUCTIVE STANDARDS AND THE ROLE
1.1. Foostix is a company organised under the laws of Luxembourg, with registered office in Luxembourg, at 5, Rue Aldringen, L-1118 Luxembourg.
1.2. The Foostix VAT number is LU33554515.
1.3. Foostix provides users with a system to communicate their orders to restaurants (“Delivery Restaurants”) that appear on the Site.
2. ACCESS TO THE SITE AND TERMS AND TERMS OF SERVICE
2.1. Access to the Site: it is possible to have access to certain parts of the Website, even without placing an Order or without registering its data. Most areas of the Site are accessible to everyone.
2.2. Acceptance of the Terms and Conditions of Service of the Site: browsing the Site implies acceptance of the Terms and Conditions of Service of the Site. Visitors and users of the Site who refuse to accept the Terms and Conditions of the Site Service are required to leave the Site immediately and will not have the opportunity to order through the Site.
2.3. Changes to the Terms and Conditions of Service of the Site: Foostix has the right to modify the present Terms and Conditions of the Site Service at any time. It is therefore recommended to periodically monitor the Terms and Conditions of Service of the Site as they bind users and visitors to the Site. Visitors and users of the Site are required to comply with the policy and discipline in effect at the time they place an Order by Foostix.
2.4. Responsibility: it is the responsibility of visitors and users of the Site to take the necessary steps to access the Site. Furthermore, visitors and users of the Site are required to ensure that all those who have access to the Site using their Internet connection are aware of the present Terms and Conditions of Service of the Site and comply with them.
3. SITE USER STATUS
3.1. Legal capacity and age: by placing an Order through the Site, the user guarantees:
3.1.1. have the capacity to act and enter into legally binding contracts; and
3.1.2. to be over 18 years of age.
3.2 3.2. Alcoholic beverages: the user accepts and declares that:
3.2.1. by law, it is a crime to purchase or attempt to purchase alcoholic beverages by a person under 18 years of age, as is the purchase or attempted purchase of alcoholic beverages by an adult on behalf of a person under 18 years of age.
3.2.2. thus, Orders containing alcoholic beverages cannot be accepted if they originate from a minor or are made for a minor under 18 years of age.
4. MODALITY FOR ORDER EMISSION AND CONTROL DEVELOPMENT
4.1. Filling the Order: after selecting the products he wishes to order from the menu of the chosen Restaurant, and after providing the requested information, the user can place the Order by clicking on or selecting the “continue” button, or “order” button or other similar buttons. We remind you that it is important to check all the information provided and correct any errors before clicking on the button or selecting it since once the process of creating the Order has begun, it is no longer possible to correct any errors.
4.2. Modification or cancellation of the Order: once the Order has been submitted and payment has been authorized, it is no longer possible to modify or cancel the Order and no refund will be granted (please refer to section 4.4 for the latest information regarding the applicable process for rejected Orders). When he wishes to modify or cancel the Order, the User may contact Customer Service, following the procedures described in paragraph 6.3, and the latter will attempt to contact the Restaurant to communicate the User's request. However, it is not guaranteed that Customer Service will be able to reach the Restaurant or that the Restaurant will accept the user's request if the process of making the Order has already begun. The customer does not have the right to cancel his Order once the requested goods have been delivered.
4.3. Authorization for payment: in the event that authorization for payment is not obtained, the Order will not be prepared or communicated to the Restaurant concerned.
4.4 Preparation of the Order and refusal of the Order by the Restaurant: upon receipt of the Order, Foostix will begin the preparation of the Order by transmitting the Order to the Restaurant, providing the information strictly necessary for the management of the Order, in particular the telephone number, address and name of the person concerned, and will inform you by e-mail or SMS that the Order has been received and is being prepared. It is specified that the confirmation that the user can view on the Site or the Order confirmation that the user receives by e-mail or SMS, only indicates that the user's Order has been received and is being prepared by Foostix, but does not necessarily indicate that the Order has been accepted by the Restaurant. Foostix encourages all of its Restaurants to accept all Orders and to immediately communicate any possible refusals, and will inform the user (usually by e-mail or SMS) as soon as the possible refusal on the part of the Restaurant does so, as quickly and rationally as possible. In any case, Restaurants may choose to refuse Orders at any time if they are overwhelmed, for weather conditions or for any other reason.
4.5. Order Delivery: Estimated delivery times for deliveries and withdrawals are provided by Restaurants and are indicative only. Foostix and Restaurants do not guarantee that Orders will be delivered or available for pick-up within the estimated time frame.
5. Pricing and payment
5.1. VAT and delivery costs: the prices are those indicated on the Website. Prices include VAT but may not include delivery costs (if the user opts for on-site pick-up). These fees are added to the total amount due, if applicable.
5.2. Incorrect price indication: the present Website contains a large number of menus and it is always possible that some of them may contain incorrect price indication. If the exact price of the Order is higher than the price indicated on the Site, Foostix will make every reasonable effort to contact the User prior to dispatch of the Order. In this case, neither Foostix nor the Restaurant concerned have the obligation to guarantee that the Order will be provided at the unfortunate lower price, nor to reimburse the user for the difference from the incorrect price. In the event that the price is excessively high compared to the originally agreed price, and where the user is a consumer in compliance with the Consumer Code, the user may terminate his Order.
5.3. Payment method: Payment of Orders must be made, depending on the Restaurant selected, by credit/debit card via the Site or by credit card or cash at the time of delivery to the customer.
5.4. Credit card payments: If the user pays by credit or debit card, he or she may be asked to show the card to the Restaurant at the time of delivery, as proof of identity, which also makes it possible to verify that the card matches the receipt details of the Order. We remind you that from time to time there may be delays in making payments and card transactions; as a result, some payments may take up to 60 (60) days to be debited from the user's current account or credit or debit card.
5.5. Credit or discount vouchers: A credit or voucher may be applied to the Order if the Customer uses a voucher, the Foostix points system or a promotional code recognized by the Site and accepted by Foostix, and the User settles the balance by credit or debit card. Please note that, according to ordinary banking procedures, the bank or company that issued the credit card initially reserves the total amount of the Order (before the credit or discount) in the user's current account for a period of between 3 and 5 business days (or more, depending on the bank or company that issued the credit card) credit card). The amount will therefore no longer be available on the account for the duration of the mentioned period. The credit or discount applies at the time the bank or company that issued the card transfers funds related to the Order to Foostix: at that time, the sum of the credit or reduction is not transferred to Foostix and is made available to the user of the bank or company that issued the card. The user acknowledges the fact, and accepts, that neither Foostix nor the relevant Restaurant shall be liable to the user for the delay due to the period indicated above, during which the bank or company that issued the card proceeds to release funds in the user's current account.
5.6. Orders rejected: According to normal banking procedures, once an Order for which the user pays by card has been submitted and payment has been authorized, the bank or company issuing the card reserve the total amount corresponding to the Order. If the Order is subsequently rejected by the Restaurant (as described in the last paragraph 4.4) or cancelled for any other reason, the bank or company that issued the card does not transfer the sum corresponding to the Order to Foostix and instead makes the sum available again to the user's account. However, this process could take 10 business days (or more, depending on the bank or company that issued the card). The user acknowledges this fact, and agrees, that neither Foostix nor the Restaurant concerned shall be liable to the user for the delay due to the period indicated above, during which the bank or company that issued the card releases funds into the user's current account.
6. Customer Service
6.1. General provisions: Foostix considers Customer Service to be extremely important. In accordance with Article 6.5 and Article 11, Customer Service therefore seeks to provide assistance to the user, if possible, in the event of problems with the Order. The user can contact Customer Service by clicking on, or selecting, the “Need help?” button, “Help” or another similar button, or by calling the number indicated on the Site.
6.2. Questions about the Order: If the Order takes longer than expected or in case of other problems with the Order, the User may contact Customer Service in accordance with the procedures described above and one of the Foostix Customer Service Advisors will attempt to contact the Restaurant to forward the User's request.
6.3. Modification or cancellation of the Order: if the user wishes to modify or cancel his Order after it has been sent and his payment has been authorized, he/she has the option to contact the Foostix Customer Service, as described above, and the latter will attempt to contact the Restaurant in order to communicate the requests of the customer. However, there is no guarantee that the Foostix Customer Service will be able to contact the Restaurant or that the Restaurant will accept the user's requests as the process of making the Order may already have begun.
6.4. Complaints and Feedback from Users: In the event that the User is not satisfied with the quality of a Product or service provided by a Restaurant, Foostix invites the User to express his/her opinion through the Site, in the form of feedback, comments and reviews (jointly referred to as “Comments”) which reflect his experience. Comments are an important part of Foostix's quality control process.
6.5. Compensation: In the event that the user is not satisfied with the quality of a Product or the service provided by a Restaurant and wishes to request a refund, a proportional reduction of the price or any other form of compensation, he is obliged to contact the Restaurant directly to submit his complaint and apply to the Restaurant. the complaints procedures provided by the Restaurant. If the User fails to contact the Restaurant, or if the Restaurant refuses to take into account the User's complaint, the User may contact the Foostix Customer Service in the manner described above, within 48 hours of sending the Order, and one of the Foostix Customer Service Advisors will attempt to contact Restaurant in order to claim compensation on behalf of the user. We remind you that Foostix has no control over the Restaurants or the quality of the Products or the service provided by the Restaurants and is not able to provide or undertake to provide any compensation to the User on behalf of any Restaurant.
7. USE LICENSE
7.1. Authorized use: the user is authorized to use the Site as well as to print and download extracts from the Site for personal use not having any commercial purpose under the following conditions:
7.1.1. the user must not use the Site incorrectly, which means using hacking or scraping techniques.
7.1.2. Except where otherwise, copyright and other intellectual property rights relating to the Site and material published on the Site (including but not limited to photographs and graphic images) are the property of Foostix or the subjects licensed by Foostix. These works will be protected worldwide under copyright laws and treaties, and all rights are reserved. With regard to the Site, any possible use of elements extracted from the Website in a manner different from that provided for in Article 7.1 is prohibited.
7.1.3. A digital or paper copy of any printed material may not be modified pursuant to paragraph 7.1, nor may any drawing, photograph or graphic image, video or audio be used separately from the accompanying test.
7.1.4. It is necessary to verify that it is always recognized as author of the material present on the Site at Foostix.
7.1.5. It is not permitted to use the material on the Site or the Site for commercial purposes without having obtained the license from Foostix.
7.1.6. Restrictions on use: Except as provided in paragraph 7.1, this Site may not be used and no part of it may be reproduced or archived on any other website, nor may it be inserted into any other system or service, public or private, for the electronic retrieval of information without the prior authorization of Foostix.
7.1.7. Reservation of Rights: rights not explicitly granted in the present Website are reserved.
8. ACCESS TO SERVICE
8.1. Availability of the Site: While Foostix ensures that access to the Site is normally available 24 hours a day (24 hours a day), Foostix does not assume any obligation to do so and is not liable to the user in the event that the Site, at any given time or for a given period, is not available.
8.2. Access suspended: access to the Site may be temporarily suspended at any time, even without notice.
8.3. IT security: Unfortunately, the transmission of information via the Internet is not completely secure. Although Foostix adopts all the measures prescribed by law for the protection of the information issued, it is not in a position to guarantee the security of the data transmitted to the Website; transmission is therefore carried out at the risk of the user.
9. VISITORS MATERIALS
9.1. General Provisions:
9.1.1. Any material that may diverge from the personally identifiable information that is framed by the Foostix Information Notice in the field of privacy of private information, which is transmitted or published (post) or uploaded (uploaded) by the user on the present Site (including, in particular, possible Comments) is considered to be as not reserved and deprived of holder (subsequently the “Visitors Materials”). With the publication, posting or transmission of Visitor Material, the user declares and guarantees to have ownership or at least control of all rights relating to the Visitor Material. The User agrees and agrees that Foostix has no obligation with respect to the Visitor Material and that Foostix or any person whom it may have commissioned to do so, is free to copy, communicate, distribute or otherwise use the Visitor Material as well as any information, image, sound, text or anything that has could be incorporated for all possible purposes, whether commercial or non-commercial.
9.1.2. The user declares and warrants that the Visitor Material that the user posts, uploads or transmits to the Site does not violate and will not violate any of the limitations provided for in successive paragraphs 9.2 e 9.3.
9.2. Visitor Material Policy: It is forbidden to post, upload or transmit to the Site Visitor Material (including Comments) that:
9.2.1. in violation of any applicable local, national or international law;
9.2.2. unlawful or misleading;
9.2.3. equivalent to unauthorized advertising; or
9.2.4. contains viruses or other harmful programs.
9.3. Visitor Feedback Policy: It is particularly forbidden to post comments on the Site that:
9.3.1. contains defamatory, obscene or offensive material;
9.3.2. promotes violence or discrimination;
9.3.3. violate the intellectual property rights of third parties;
9.3.4. in breach of a possible legal obligation towards third parties (such as an obligation of confidentiality);
9.3.5. promotes illegal activities or invades the privacy of third parties;
9.3.6. gives the impression of coming from Foostix; or
9.3.7. or used to represent other things or to transestit reality in relation to a close relationship (maternity/paternity) with another person.
9.4. Withdrawal of Comments: The list of prohibited acts mentioned in paragraphs 9.2 and 9.3 above is just one example and is far from exhaustive. Foostix reserves the right (without assuming any obligation, except as deemed necessary by law) to remove or correct any Comments or other Visitor Materials posted (post), uploaded or transmitted on the Site that, in the eyes of Foostix, would violate any of the prohibitions set out in paragraphs 9.2 or 9.3, which could be questionable or which could expose Foostix or any other third party subject to injury or liability of any kind or for any reason whatsoever.
9.5. Use of Comments: Comments and Visitor Materials contained on the Site are purely informative and do not in any way represent a suggestion on the part of Foostix. The Visitor Feedback and Materials reflect the opinions of customers that reflect the opinions of customers who have ordered through the Site or other third party subjects and any statement, advice or opinion provided by such subjects is the property of them alone. Therefore, to the maximum extent permitted by law, Foostix assumes no liability or undertaking to make any compensation to any subject, as a result of any Comment or other Materials of Visitors, including but not limited to errors, defamatory statements, obscenities, misstatements or omissions that may occur. find in these contents.
9.6. Liability: The User agrees to indemnify Foostix for any loss, damage or claim (and any associated costs) incurred by Foostix or claimed by a Restaurant or other third party subject arising from or in connection with any Comments or other Visitor Materials provided by the User in violation of the declarations, guarantees and liabilities and restrictions provided for in this article 9.
9.7. Communications to Administrative or Judicial Authority: Foostix will provide its full cooperation to any competent authority that requests or requires disclosure of the identity or position of any person who publishes or transmits Comments or Visitor Materials in violation of paragraphs 9.2 e 9.3.
10. LINK TO AND FROM OTHER SITES
10.1. Third-party sites: Any links to the websites of third parties present on the Website are provided solely for the convenience of visitors. The use of these links implies the abandonment of the Site. Foostix has not reviewed and has no control over all third-party subjects' sites or their content or accessibility. Foostix does not endorse or warrant any of these sites, their materials, or the results derived from the use of such materials. Any person who decides to access a third party subject site that is present on the link of the Site, assumes the risks and responsibilities thereof.
10.2. Authorization to insert a link: it is possible to insert a link to the initial page (home page) of this Site (http://www.foostix.com) provided that:
10.2.1. this is done correctly and legitimately without harming the reputation of Foostix and without taking advantage of it;
10.2.2. no links are inserted to sites for which one is not the representative or is done by suggesting association with or approval by Foostix, which in fact do not exist;
10.2.3. the website from which a link originates complies with the content standards set out in these Terms and Conditions of Service of the Site (in particular Article 9, “Visitor Materials and Comments”);
10.2.4. Foostix has the right, at any time, to withdraw its permission to add a link.
11. LIABILITY EXEM
11.1. Information provided on the Site: Although Foostix strives to ensure that the information provided on the Site is correct, it cannot promise that this information is correct or complete. Foostix may make changes at any time and without notice to the material on the Site or to the services and prices described, by communicating such changes to users in the same manner as prices and services were communicated to them. The material on the Site may not be updated and Foostix assumes no responsibility for updating it.
11.2. Information on allergies, dietary diets and other information on the Menu: Foostix takes care of referring precisely to the Website the names, descriptions, prices and information relating to special offers, comments about temperature and allergies and any other information on the menus provided by Restaurants. In any case, it is the responsibility of Restaurants to provide the Menu Information and to ensure that it is correct and up-to-date, and Foostix assumes no responsibility whatsoever. In case of doubt regarding the notifications of allergies, the contents of a dish or any other information on the Menu, the user is invited to contact the Restaurant directly before placing the Order in order to obtain confirmation of the information.
11.3. Actions and omissions of the Restaurant: the contract for the supply and purchase of Products is carried out between the user and the Restaurant to which the user sends the Order. Foostix has no control over the actions or omissions of Restaurants. Without this constitutes a limit to the general validity of the foregoing, and except in the event of negligence or gross negligence of Foostix, the user, by using the Site, accepts the following elements:
11.3.1. Foostix does not undertake in any way to guarantee that the quality of the Products ordered in one of the Restaurants is satisfactory or that the Products are adapted to the objectives of the user, and excludes any liability of this type.
11.3.2. Estimated delivery and pick-up times are indicative only. There is no guarantee on the part of Foostix or the Restaurants that Orders will be delivered or made available within the estimated time.
11.3.3. Foostix encourages all its Restaurants to accept all Orders and immediately notify the user of any refusals (usually by e-mail) as soon as reasonably possible, if the Restaurant has refused an Order from a user. In any case, Foostix does not guarantee that Restaurants accept all Orders; Restaurants have the option to refuse Orders at any time if they are overloaded, due to weather conditions or for any other reason.
11.3.4. The foregoing disclaimer does not affect the rights that the law gives users to Restaurants.
11.4. Exclusion of Clause: Foostix provides the user with access to the Site and the Service on the assumption that, to the extent permitted by law, no warranty, warranty, statement, condition or commitment and clause in relation to the Site and the Service remain excluded (including any representations, warranties, conditions, commitments or clauses that may beotherwise apply to the Site or the Service, or that is otherwise made applicable or included in the Site's Terms and Conditions of Service having force of law, regulation or otherwise).
12.1. General provisions: Nothing in this Site excludes or limits Foostix's liability for death or personal injury caused by Foostix, Foostix's liability for fraud or gross negligence, or any other liability that cannot be excluded or limited by applicable law. Nothing in these Terms and Conditions of Service of the Site affects the fundamental rights granted by law to visitors using the Site, such as in particular the rights guaranteed to consumers under the Consumer Code.
12.2. Exclusion of liability: Except as provided in paragraph 12.1 Foostix is not liable to Users in any way, either contractual or extracontractual (including negligence), breach of statutory obligations or in any way, even if it is foreseeable circumstance, arising from, or in connection with with, the Service or the Site (including the use, inability to use it, or the effects of using the Service or Site) in relation to:
12.2.1. potential loss of profit, decrease in sales, business or income;
12.2.2. loss or destruction of data, information or software;
12.2.3. Loss of business opportunities;
12.2.4. loss of anticipated savings;
12.2.5. loss of customer base; or
12.2.6. any other indirect or consequential loss.
12.3. Limitation of Liability: Without prejudice to the provisions of Article 11, Paragraph 12.1 and Paragraph 12.2, Foostix's overall liability to users in connection with any loss arising out of or in connection with the Service or the Site, whether contractual or extracontractual, due to the breach of the obligations set out in by law or for any other means, may in no case exceed the lower sum between twice the value of the Order and an amount of €100.
12.4. Additional fees: The user shall be fully and exclusively liable for any additional or associated costs arising from the use of the Site or as a result of its use, including any costs related to the assistance, repair or adaptation of any devices, software or data owned by the user or of which the user either owned by leasing or licensed or otherwise used by the user.
13.1. Cause of termination: Foostix may terminate (by virtue of its discretion) the user's right to use the Site or the Service, immediately, by written communication (including communication via e-mail), in the event that Foostix withholds, in its sole discretion,
13.1.1. that the user has used the Site in violation of paragraph 7.1 (License to use);
13.1.2. that the user has posted on the Site any Comments or Visitors' Material that violates the provisions of paragraphs 9.2 or 9.3 (Visitor and Comments Material);
13.1.3. the user has violated section 10.2 (Link to and from Other Sites); or
13.1.4. the user has violated any other essential provisions of these Terms and Conditions of Service of the Site.
13.2. Obligations of the user in the event of termination: at the time of termination or suspension, the Customer must immediately destroy any extract from the Site that may have been downloaded or printed.
14. WRITTED COMMUNICATIONS
14.1. The current standard requires that certain information and announcements, among those provided by Foostix to the user, be communicated in writing. With the use of the Site or the Order of Products by the Site, the user agrees that communication with Foostix will be made primarily by electronic means. The user is contacted by e-mail or the information may be provided to him via post post posts on the Site. For the contractual purposes, the user accepts these electronic means of communication and acknowledges that all contracts, announcements, information and other communications provided electronically by Foostix comply with the legal conditions of the written form. This clause does not affect the rights provided by law in favour of visitors using the Site.
15. EVENTS NOT CONTROLLED BY FOOSTIX
15.1. Foostix neither responds nor is liable to compensate for any failure or late performance of its contractual obligations under these Terms and Conditions of Service of the Site, which is caused by events that Foostix cannot reasonably control (“Force Majeure Events”).
15.2. A Force Majeure Event includes any act, event, absence of customers, omission or incident that exceeds Foostix's rational ability to control and includes, but is not limited to:
15.2.1. strikes, occupations or other actions in the field of relations between employees and enterprises;
15.2.2. civil unrest, riots, invasions, terrorist attacks or threats of attack, wars (even in the absence of a formal declaration of war) or threats of war, as well as preparations for war;
15.2.3. fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters;
15.2.4. the inability to use the rail, sea, air, road transport or any other public or private means of transport;
15.2.5. the inability to use public or private communication networks; and
15.2.6. the laws, decrees, standards, regulations or restrictive discipline of any government.
15.3. The performance by Foostix of its contractual obligations under the Terms and Conditions of Service of the Site is considered to be suspended for the duration of the Force Majeure Event and Foostix benefits from an extension of the duration provided by the completion equal to the duration of the mentioned period. Foostix will make every effort rationally possible to overcome the Force Majeure Event or find a solution that allows Foostix to fulfill its contractual obligations despite the Force Majeure Event.
16. VARIOUS AND ULTERIOR
16.3. Severability of clauses: If one or more terms or conditions of these Terms and Conditions of Service of the Site were invalid, illegitimate or ineffective, in whole or in part, these terms, conditions or forecasts will generally be separated from the terms, conditions or provisions in general, which will remain valid to the full extent permitted by law.
16.4. Uniqueness of the Agreement: these Terms and Conditions of Service of the Site and any other documents explicitly invoked, constitute the total agreement between Foostix and the User and supersedes all previous discussions, correspondence, negotiations, prior agreements, agreements or contract between the parties, in relation to the subject matter of the contract.
16.5. Waiver: Any failure or possible late implementation (in whole or in part) of any provision of these Terms and Conditions of Service of the Site shall not be construed as a waiver by either party to assert its rights or remedies.
16.6. Assignment: Users of the Site may not assign any of their rights or obligations under these Terms and Conditions of Service of the Site without the prior written consent of Foostix. Foostix may assign any of its rights or obligations under these Terms and Conditions of Service of the Site to an affiliated company or any company with which it associates to carry out its business, whether it has purchased or redeemed it.
16.7. Titles: The titles of the articles of these Terms and Conditions of Service of the Site are intended for convenience only and in no way affect their interpretation.