The FoodTidings.com website (the "Site") and any related domains, mobile services and related services (collectively, such services including any new features and applications, and the Platform, the “Service”) are provided by Food Tidings Too, LLC (dba “Food Tidings, LLC”, known as “Food Tidings”), subject to your compliance with the terms and conditions set forth below.
By accessing or using our Site, or completing the registration process on our site, you agree to be bound by the terms and conditions set forth below. If you do not understand or agree to be bound by these terms and conditions, please do not use the Site or Food Tidings Service (as defined below) and do not register to be a member of the Site.
The Services are offered as a Platform to users of the Services, which may include Schedule Organizers, Schedule Invitees, Participants, Recipients, and other registered and unregistered users of the Services (which may include users who simply comment or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (an "Organizer") to create and post a schedule to coordinate meals, coordinate services, and/or accept & collect monetary donations from Participants or users wishing to contribute gift card credit to the Food Tidings Shoppe and/or funds (“eTidings”) for the Recipient; to use at the Organizer or Recipient’s discretion. For purposes hereof, the term "Recipient" shall also include any individual(s) designated as a beneficiary of a Schedule. Although there are no fees to set up a Schedule, industry-standard payment processing fees apply to each monetary gift withdrawn by an Organizer or Recipient from the Site. To learn more about Food Tidings Platform and applicable payment processing fees, see “Food Tidings eTiding Fund Withdrawal Fees” below.
Modifications to Services:
Food Tidings reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Food Tidings will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
You understand and acknowledge that Food Tidings is not a professional charitable organization, does not qualify for 501(c)(3) status, and Schedules are not charities to which you can make tax-deductible charitable contributions. As used in this Agreement, the term "Schedule" does not refer to a Charity, and you acknowledge that contributions to Schedule are not deductible under your jurisdiction’s applicable tax laws and regulations.
The Services are a Platform:
We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Food Tidings facilitates the interactions and transactions between Schedule Organizers, Participants and/or Recipients, but is not a party to any agreement between an Organizer and a Participant, or between any user and the Recipient. Food Tidings has no control over the conduct of, or any information provided by, an Organizer, Participant, Recipient or any other user, and Food Tidings hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
Use of the Site:
Food Tidings grants you a limited license to access the Site and make personal use of the service in accordance with these Terms and the instructions and guidelines posted on the Site. Food Tidings reserves the rights to terminate your account to use the service at any time and for any reason. This Site or any portion therefore, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the prior express written consent of Food Tidings.
Food Tidings may grant a limited license, private-label to access and use the Site for commercial purposes and/or services in accordance with these Terms and the instructions and guidelines posted on the Site with an executed, signed agreement by Food Tidings and the organization/commercial business.
Food Tidings provides the site and service “As Is” and without any warranty or condition, express, implied or statutory. Food Tidings specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, or interoperability.
You grant Food Tidings the right to authorize the use, downloading and printing in whole or in part of any Content that you post to the Food Tidings Service or Site.
You understand and agree that you use the Site and Service at your own discretion and risk, and that you will be solely responsible for any damages that arise from such use. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH FOOD TIDINGS SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device and (ii) the ability to browse the Platform from a mobile device. Your wireless service carrier's standard charges, data rates and other fees may apply. In addition, not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding Food Tidings by SMS, MMS, text message or other electronic means to your mobile device; as available. If you change or deactivate your mobile telephone number, you agree to promptly update your Food Tidings account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for your use of the Site and service.
You are solely responsible for the accuracy, integrity and quality as well as the legal right to post Content on the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FOOD TIDINGS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FOOD TIDINGS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Member Account, Password and Security:
Donations or Money Gifts:
In order to contribute money to a Schedule or a Recipient, a Participant will be required to provide Food Tidings information regarding its credit card or other payment instrument (“Payment Instrument”). You, as a Participant or user, represent and warrant to Food Tidings that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum amount may apply, and that all eTidings or gift payments are final and will not be refunded unless Food Tidings, in its sole discretion, agrees to issue a refund. Food Tidings uses third-party payment processing partners to bill you through your Payment Instrument for any payments made, and users acknowledge that by contributing a gift to a Schedule, the user is agreeing to any and all applicable terms set forth by our payment partners.
Using “eTidings” gifts Toward Shoppe Purchases:
An Organizer or Recipient (or beneficiary designated by the Schedule), may apply 100% of the eTidings credit on your Schedule toward purchases in the Food Tidings Shoppe at any time up to the full amount of all remaining gifts credited to your Schedule; less any previously withdrawn amounts (“Withdrawals") and applicable fees, subject to any Holds that we or our payment partners may place on your Schedule account. The available eTidings balance can be applied toward the final purchase amount during check out; any outstanding balance must be covered by an additional payment source before an order confirmation will be given.
Withdrawing Monetary Gifts or “eTidings" from a Schedule
An Organizer or Recipient (or beneficiary designated by the Schedule), may withdraw eTidings as a monetary gift from your Schedule at any time up to the full amount of all remaining gifts credited on your Schedule; less any previously withdrawn amounts ("Withdrawals") and applicable fees and subject to any Holds that we or our payment partners may place on your Schedule account.
An Organizer or Recipient may withdraw funds by requesting receipt of a paper check or PayPal (friends and family) payment; in markets where available. The Organizer or Recipient is required to work with Food Tidings administration for processing. While Food Tidings strives to make Withdrawals available to you promptly (generally, within 7-10 business days of the initial request), you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Food Tidings does not guarantee that Withdrawals will be available to you within any specific time frame, and Food Tidings expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any related consequences.
You, as an Organizer or Recipient, are responsible for ensuring that all the information you provide to Food Tidings in order to process a Withdrawal, including the appropriate name and mailing address or email account is accurate. Food Tidings is not responsible for any consequences caused by incorrect information and is not liable to compensate you in any way for any loss.
Food Tidings “eTidings” Fund Withdrawal Fees:
Food Tidings does not charge an Organizer or Recipient any upfront fees for creating a Schedule. Food Tidings retains a 5% flat percentage and collects a 4% payment processing transaction fee for each eTidings gift that is withdrawn as a monetary withdrawal from a Schedule; there are no fees collected for using eTidings as credit in the Food Tidings Shoppe toward purchases.
While payment processing fee structures can be complex, Food Tidings simplifies the fee structure to a total flat 9%; based on the fundraising industry average to cover our flat fee plus average processing fees. Our third party payment processor also may charge the following fees for exceptions processing: $15.00 per chargeback (in addition to the amount of the chargeback); $15.00 per ACH return (in addition to the amount of the return). Participants acknowledge that by contributing eTidings to a Schedule, the Participant is agreeing to any and all applicable terms and conditions set forth by our third party payment processor, in addition to these Terms of Service. Food Tidings may opt to change its third party payment processor at any time, without advance notice. This will not impact the fee structure for existing Schedules.
We reserve the right to change Food Tidings fee pricing from time to time by updating the terms hereof. Your continued use of the Services after the fee change is published constitutes your acceptance of the updated Fees.
Donation or “Expiration” of Schedule Balances:
Email notifications regarding the Schedule’s balance of monetary gifts will be sent to the Organizer and Recipient, at the emails provided- when donations are given, donations are withdrawn, the schedule ends and when it is near 90 days following the end of the schedule; Food Tidings will not be held liable if the email address(es) are incorrect. If, for any reason, the eTidings credit or monetary gifts on a schedule are not used or withdrawn after 90 days following the end of the schedule, the balance will be removed and the gifts redeemed or “expired”. The funds will be considered a donation to Food Tidings and used for operations and our Feed A Family fund, which provides meals to families in need.
If Organizers or Recipients of the Site would ever like to donate unused eTidings balances or funds to the operations of Food Tidings, to our Feed a Family fund or transfer them to other Schedules, please contact Food Tidings through “Contact Us" (also located in the bottom navigation bar of the Site) or at info@FoodTidings.com and we are happy to assist.
It is your responsibility to determine what, if any, taxes apply to the donations or eTidings funds you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Advertising or 3rd Party/External Links:
You understand that, except for information, products or services clearly identified as being supplied by Food Tidings, Food Tidings does not operate, control or endorse any information, products or services on the Internet in any way.
Food Tidings makes no representations whatsoever about any other website which you may access or which may link to this Site; a link to the FoodTidings.com website does not mean that Food Tidings endorses or accepts any responsibility for the content, or the use, of the originating website.
You agree not to use any feature of the Service to engage in “spamming”. Emails sent through the Food Tidings system must be related to a Food Tidings Schedule; personal or other business related emails are not allowed.
You agree not to post content through the Site that is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, illegal, or that we otherwise deem distasteful or objectionable (at Food Tiding’s sole discretion).
You agree to have authorization from the party who will receive (the "Recipient") the Services/meals of a Food Tidings Schedule before you create a Schedule via the Site for them. In creating a Food Tidings Schedule for others (friends, relatives, colleagues, etc.), you recognize the personal information that you provide us regarding the Recipient’s physical address, meal preferences, email address (for Recipient and invited members), preferred dates, number of people to provide meals for, reason for event, personal comments, and provided phone number will be made available to those who are invited to participate in the specific Schedule.
Those who feel that their personal information has been posted without their permission should contact Food Tidings immediately via “Contact Us” or info@FoodTidings.com to have the applicable Schedule removed from the Site.
FOOD TIDINGS RETAINS THE RIGHT TO REMOVE ANY MATERIALS, COMMENTS OR DATA IT SEEMS OFFENSIVE FOR ANY REASON, AT OUR OWN DISCRETION.
Food Tidings is a registered service mark of Food Tidings, Too, LLC. Food Tidings, eTidings (“eTidings”), Breakfast Tidings, Lunch Tidings, Dinner Tidings, Supper Tidings, Family Tidings, Group Tidings, Church Tidings, Neighbor Tidings, Meal Tidings, Service Tidings, and Gift Tidings names and logos are service marks (or pending service marks) of Food Tidings, Too, LLC. The trade names and service marks owned by Food Tidings, Too, LLC may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
Food Tidings accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.
Controlling Law and Jurisdiction:
Other (at risk of repeating; but, worth it for both our sakes):
Food Tidings PROVIDES THE SITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Food Tidings SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and service at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL Food Tidings BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT Food Tidings HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH Food Tidings SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Food Tidings and you are independent entities, and nothing in the Terms, or via use of the Site or service, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Food Tidings and you.
These Terms supersede any previous agreement and represent the entire agreement between Food Tidings and you. These Terms are governed by the laws of the State of Arizona without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.
This Agreement may be terminated by either party without notice at any time for any reason.
We reserve the right, at any time, temporarily or permanently, in whole or in part, to modify, change or discontinue the Food Tidings Service.
The provisions of the above paragraphs shall survive any termination of this Agreement.
Food Tidings, LLC
℅ The StudioC
21175 N 9th Place, Suite 200
Phoenix, AZ 85024
Last updated: February 13, 2023