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Terms and condition



📋 Terms and Conditions - XibalFood

Last updated: January 2025

1. Acceptance of Terms

By using any of the XibalFood applications (User app, Restaurant app, Delivery app, or web panel), you accept these terms and conditions in their entirety. If you disagree with any of these terms, DO NOT use our services.

IMPORTANT: XibalFood is solely a technological intermediation platform that connects users, restaurants and delivery drivers. We are NOT direct sellers nor delivery service providers.

2. Service Definition

What is XibalFood?

  • 🏪 Digital marketplace: Platform that connects users with restaurants
  • 📱 Technology application: Software to facilitate food orders
  • 🚲 Delivery network: Connection with independent delivery drivers
  • 💳 Payment processor: We facilitate transactions between parties

What XibalFood is NOT:

  • ❌ We are NOT a restaurant
  • ❌ We are NOT a delivery company
  • ❌ We do NOT sell food directly
  • ❌ We do NOT employ delivery drivers
  • ❌ We do NOT control restaurant operations

3. Total Disclaimer of Liability

FUNDAMENTAL CLAUSE: XibalFood is NOT responsible for ANY product, service, act, omission, damage, loss, accident, illness, injury or any consequence arising from the actions of restaurants, delivery drivers or users.

We are NOT responsible for:

🍽️ Products and Food:

  • Quality, freshness or condition of food
  • Food poisoning or allergies
  • Expired or spoiled products
  • Undeclared ingredients or allergens
  • Incorrect or abusive prices
  • False product descriptions
  • Products that do not meet expectations
  • ANYTHING that restaurants sell

🚲 Delivery Drivers and Delivery:

  • Traffic accidents caused by delivery drivers
  • Damage to third parties during delivery
  • Delivery driver injuries during service
  • Damage to private property
  • Robberies or assaults during delivery
  • Inappropriate behavior by delivery drivers
  • Alcohol or drug consumption by delivery drivers
  • Traffic law violations
  • Reckless or imprudent driving
  • ANY act performed by delivery drivers

4. Prohibited Products and Services

❌ STRICTLY PROHIBITED to sell:

Controlled Substances:

  • Drugs of any type (marijuana, cocaine, etc.)
  • Controlled medications without medical prescription
  • Psychotropic substances
  • Anabolic steroids
  • Any illegal substance

Restricted Products:

  • Alcohol without corresponding licenses
  • Cigarettes and tobacco products without permits
  • Weapons of any type
  • Dangerous chemicals
  • Live animals
  • Stolen or counterfeit products
  • Pirated software or copyrighted products

Unregulated Products:

  • Supplements without health registration
  • Homemade food without health permits
  • Beauty products without certification
  • "Adult" products
  • Any product that violates local or federal laws

⚖️ Consequences for Violations:

  • Immediate suspension of account
  • Permanent removal from platform
  • Report to authorities when necessary
  • NO refund of commissions or payments

5. Use of Messages and Multimedia Content

📱 Rules for Chat and Photos:

❌ PROHIBITED to send:

  • Sexual, pornographic or explicit content
  • Threats, violence or intimidation
  • Harassment, bullying or discrimination
  • Spam or unauthorized advertising
  • False or misleading information
  • Content that violates copyrights
  • Material promoting illegal activities
  • Personal information of third parties without consent

🔨 Control Measures:

  • Automatic moderation: Inappropriate content filters
  • Manual moderation: Review of user reports
  • Immediate removal: Content that violates rules
  • Temporary or permanent suspension: For repeat offenders

IMPORTANT: XibalFood is NOT responsible for content shared between users. Each user is responsible for their own messages and actions.

6. User Responsibilities

👤 As a XibalFood user, YOU are responsible for:

Personal Information:

  • Providing truthful data in your registration
  • Keeping updated your contact information
  • Providing correct addresses for deliveries
  • NOT creating multiple or fake accounts
  • NOT sharing your access credentials

Payments and Orders:

  • Paying for all orders placed on your account
  • Verifying your order before confirming
  • Being available to receive the order
  • Reporting problems through the platform
  • NOT requesting refunds for changes of mind

Responsible Use:

  • NOT using bots or automation
  • NOT reverse engineering applications
  • NOT reselling your account or access
  • Supervising use by minors under your responsibility

WARNING: You are completely responsible for any use of your account, even if it was used by third parties without your authorization.

7. Restaurant Responsibilities

🍽️ As an affiliated restaurant, YOU are responsible for:

Legality and Permits:

  • Having all health licenses in force
  • Complying with local health regulations
  • Maintaining updated operating permits
  • Paying corresponding taxes
  • NOT selling prohibited products according to these terms

Quality and Safety:

  • Guaranteeing the quality of all your products
  • Maintaining hygiene in food preparation
  • Declaring ingredients and allergens correctly
  • Verifying expiration dates of products
  • Packaging orders adequately

Information and Prices:

  • Providing accurate descriptions of products
  • Maintaining updated and fair prices
  • Meeting promised preparation times
  • Informing real availability of products
  • Attending orders in order of arrival

IMPORTANT: XibalFood does NOT supervise the daily operation of restaurants. Each restaurant operates independently and under its own legal responsibility.

8. Delivery Driver Responsibilities

🚲 As a delivery driver, YOU are responsible for:

Legal Documentation:

  • Having a valid driver's license
  • Maintaining updated vehicle insurance
  • Complying with local traffic laws
  • Carrying official identification during service
  • Declaring income to tax authorities

Safety and Hygiene:

  • Maintaining adequate personal hygiene
  • Using protective equipment when necessary
  • Driving prudently and responsibly
  • NOT consuming alcohol or drugs during service
  • Respecting customers and restaurant staff

Order Handling:

  • NOT opening or consuming customer orders
  • Delivering on time and in proper form
  • Following delivery instructions from customer
  • Maintaining adequate temperature of food
  • Reporting problems immediately through the app

WARNING: Delivery drivers are independent workers. XibalFood is NOT responsible for their actions, accidents or behavior.

9. Payment and Refund Policies

💳 Accepted Payment Methods:

  • Credit and debit cards
  • Bank transfers
  • Cash (where available)
  • Authorized digital wallets

💰 Refund Policy:

✅ Refunds ARE granted for:

  • Restaurant cancellation after confirming order
  • Technical failures of platform during payment
  • Duplicate charges due to system errors
  • Undelivered orders due to delivery driver issues

❌ Refunds are NOT granted for:

  • Changes of mind by user
  • Address errors provided by user
  • User absence at delivery time
  • Dissatisfaction with taste or food temperature
  • Weather problems or force majeure
  • Delays caused by restaurant
  • Food quality problems (that's restaurant responsibility)

⏰ Processing Times:

  • Authorized refunds: 5-10 business days
  • Bank disputes: According to bank policies
  • Cash: Refund in platform credit

10. Dispute Resolution and Complaints

🔧 Complaint Process:

1. First Level - Through the App:

  • Report problem in "Help" section
  • Provide specific problem details
  • Attach evidence (photos, screenshots) if necessary
  • Response time: 24-48 hours

2. Second Level - Direct Support:

  • Contact support@xibalfood.xyz
  • Include order number and problem details
  • Response time: 2-5 business days

3. Disputes Between Parties:

IMPORTANT: XibalFood does NOT act as mediator in disputes between users, restaurants and delivery drivers. Each party must resolve their differences directly.

⚖️ Legal Jurisdiction:

  • Applicable law: Laws of Mexico
  • Jurisdiction: Courts of Mérida, Yucatán
  • Legal language: Spanish

11. Intellectual Property

🔒 XibalFood Rights:

Trademarks and Logos:

  • "XibalFood" is our registered trademark
  • Logos, icons and designs of applications
  • App names: "XibalFood", "XibalFood Restaurant", "XibalFood Delivery"
  • Corporate colors and distinctive visual elements
  • Slogans and promotional phrases

Software and Technology:

  • Source code of all applications
  • Matching and routing algorithms
  • Database and information structure
  • APIs and web services developed
  • Technical documentation and processes

❌ Prohibitions for Users:

  • NOT use our logos without written authorization
  • NOT copy the design of our applications
  • NOT create similar apps using our elements
  • NOT register domains with our trademarks
  • NOT reverse engineer the software
  • NOT extract data massively from platform

📸 User-Generated Content:

By uploading photos, reviews or any content to XibalFood, you grant a non-exclusive license to use, display and promote such content on our platforms.

12. Coverage Areas and Geographic Limitations

📍 Service Areas:

Current Coverage:

  • Metropolitan areas as we define in each city
  • Urban areas with adequate infrastructure
  • Specific neighborhoods listed in application
  • Subject to availability of restaurants and delivery drivers

Service Exclusions:

  • ❌ Rural areas without internet coverage
  • ❌ Dangerous zones identified by authorities
  • ❌ Inaccessible areas for delivery vehicles
  • ❌ Temporarily restricted locations

🕐 Service Hours:

General Hours:

  • Monday to Sunday: According to restaurant availability
  • Special hours: Holidays and events
  • Maintenance: Possible scheduled interruptions

Time Limitations:

  • Each restaurant defines its own hours
  • Delivery driver availability may vary
  • Weather conditions may affect service
  • Local emergencies may suspend operations

IMPORTANT: XibalFood reserves the right to modify coverage areas and hours without prior notice, according to operational and safety conditions.

13. Platform Use and Updates

📱 Technical Requirements:

Compatible Devices:

  • iOS: Version 12.0 or higher
  • Android: Version 8.0 (API level 26) or higher
  • Web browsers: Updated Chrome, Safari, Firefox
  • Internet connection: Stable for optimal operation

Mandatory Updates:

  • Security updates: Installation required
  • New features: May require update
  • Obsolete versions: May stop working
  • Compatibility: With current operating systems

🚫 Prohibited Platform Use:

  • Automation: Bots, scripts or automatic tools
  • Scraping: Massive data extraction
  • Hacking: Attempts to breach security
  • Spam: Mass sending of unwanted messages
  • Multiple accounts: Creating various accounts for same user
  • Resale: Commercializing access or accounts

14. Modifications to Terms and Conditions

🔄 Right to Modify:

XibalFood reserves the right to modify these terms and conditions at any time for the following reasons:

  • Changes in applicable Mexican legislation
  • New services or features
  • Security improvements and user protection
  • Business model changes
  • Requirements from competent authorities

📢 Change Notification:

Changes will be communicated through:

  • Push notifications in applications
  • Emails to registered users
  • Prominent notices on platform
  • Publication on official website

⏰ Change Effectiveness:

  • 30 days prior notice for substantial changes
  • Immediate for urgent security changes
  • Tacit acceptance by continuing to use service
  • Right to cancel account if changes not accepted

15. Final Provisions

⚖️ Legal Clauses:

Severability:

If any provision of these terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver:

  • Non-enforcement of any right does NOT constitute waiver thereof
  • XibalFood may exercise its rights at any time
  • Waivers must be express and in writing

Entire Agreement:

  • These terms constitute the complete agreement between parties
  • They supersede any prior agreement verbal or written
  • They can only be modified according to established procedure

🌍 Applicable Law and Jurisdiction:

  • Applicable law: Laws of the United Mexican States
  • Jurisdiction: Competent courts of Mérida, Yucatán
  • Language: Spanish for legal purposes
  • Interpretation: According to Mexican law

📧 Legal Contact:

For legal matters related to these terms:

  • Email: legal@xibalfood.xyz
  • Legal address: Mérida, Yucatán, Mexico
  • Attention: Legal Department

16. Final Acceptance

By using any XibalFood service, you declare that:

  • You have read and understood these terms in their entirety
  • You agree to be legally bound by them
  • You have legal capacity to enter into this agreement
  • You will use the services in accordance with these terms

📞 Complete Contact Information

XibalFood

✅ Complete Terms and Conditions

Version: 1.0

Effective date: January 2025

Last updated: January 2025

FINAL REMINDER: XibalFood is solely an intermediation platform. We are NOT responsible for products, services, accidents, acts or any consequence arising from the actions of restaurants, delivery drivers or users.

© 2025 XibalFood - All rights reserved

Complete Terms and Conditions - Binding legal document

Protected by Mexico's intellectual property laws