Please review these terms and conditions of use carefully before using the LunchServed application.
By visiting, accessing, using, downloading, copying, installing and/or joining (collectively “using”) the App, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, cease using the App and delete it. These Terms constitute a binding contractual agreement between you and us. These Terms also contain an arbitration clause under which certain claims may not be brought in a court or decided by a jury, so please read this document carefully.
(a) Use of the App is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country that is subject to U.S. embargo, or a country that has been designated by the U.S. as a “terrorist supporting” country and that you are not listed on any U.S. list of prohibited or restricted parties.
(b) Furthermore, you must provide us with your full name, email address and mobile phone number capable of accepting text messages. To use other features of the App, you may be required to provide additional information like your credit card or debit card details. You acknowledge that we may also access, with your permission, personally identifiable information through Facebook, Google or other means based on the permissions you provide.
2. Grant of Use
(a) We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the App including all content available therein (the “Content”) on your mobile or tablet device consistent with these Terms.
(b) This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your access to or use of the App, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the App after said termination. Upon termination, the grant of your right to use the App shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Use of the App
(a) In General. Your use of the App shall be limited by the rules and features of the App, which may change from time to time in our sole discretion.
(b) Making Orders. When you make an order on the App, you acknowledge that you are making an order with a particular venue or merchant (“Venue”) and that any issues you have with that order should be directed to the Venue, and not us. If you start an order on the App, you will be the primarily responsible party for the order, even if additional users are invited to the order by you. It shall be your sole responsibility to ensure that an order is accurate and that it reflects the goods you wish to purchase from the Venue. We are not responsible for ensuring the accuracy of your order. Our only responsibility is to facilitate the making of your order, as you input into the App, with the Venue. Although we may allow you to apportion payments with other users of the App, if you originated the order, you will be responsible for making sure that the full amount of the order is paid. You acknowledge that the Venue may not close out your order until you have paid the total amount in full, even if items are ordered by others in your party.
(c) Campaigns. When you use the App and your account on the App to make purchases, you may automatically be enrolled and may automatically participate in any promotional campaigns by us and our merchant partners and/or third-party partners, which may include loyalty reward programs, refer-a-friend programs, and product incentive programs and you may automatically earn merchant-offered rewards, incentives or discounts, and/or third-party-offered incentives, rewards or discounts (collectively, “Campaigns”) through which you may accumulate credits, vouchers or other value (collectively, “Credits”). Campaigns are operated by their respective owners, which may not be us, and we are not responsible for any issues related thereto. Campaigns may have their own rules to which you will be subject and which may be modified from time to time. Campaigns may further be modified or discontinued without any notice to you. Any issues that you may have with a Campaign should be directed to the operator of the Campaign. All Credits have no cash value, cannot be redeemed for cash and you have no property interest in Credits. If a Campaign is terminated for any reason, or if your use of the App is suspended or terminated for any reason, your Credits will expire immediately and your participation in any Campaign will expire immediately. Without limiting any other provisions, redemption of Credits for alcoholic beverages are at the sole discretion of the respective merchant and is subject to law. Merchants may refuse to apply Credits to delivery, processing, handling, fees, taxes, gratuities or any other fee.
(d) Cancelling Orders. You may cancel an order through the App in accordance with the features therein. If you cancel an order more than one (1) hour before the time for service in the order and before the Venue has started working on the order, then we will refund you the amount of the order, less any processing fees which may be applicable. If you cancel an order less than one (1) hour before the time for service in the order or after the Venue has started working on the order, then we cannot process a refund. You should contact the Venue directly for any cancellation orders after the foregoing cutoffs.
4. Intellectual Property
(a) The Content, with the exception of User Submissions and Third Party Content (defined below), including text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
(b) Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
5. User Submissions
(a) You are entirely responsible for any and all materials you submit or otherwise make available via the App, including pictures, videos, communications or profile information, (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
(b) You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and warrant that you own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the App and these Terms.
(c) You further agree that you shall not submit material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
- Is obscene, pornographic, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable or inappropriate as decided by us in our sole discretion;
- Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
- Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
- Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.
(d) We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate and create derivative works of User Submissions for any purpose, including without limitation any purpose contemplated by the App and these Terms. Furthermore, you also grant other users of the App a right and license to display, stream and download User Submissions in connection with their use of the App and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
(e) You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the App, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.
(f) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
(g) You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the App in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding provided that we (i) promptly give you written notice of the claim, demand, suit or proceeding, (ii) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you do not settle unless the settlement unconditionally releases us of all liability), and (iii) provide you with all reasonable assistance, at your expense.
6. Third-Party Content and Content Generally on the App
(a) You understand and acknowledge that, when using the App, you will be exposed to Content from a variety of sources including content uploaded to the App by other users (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content or User Submissions. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
(b) You understand and acknowledge that we assume no responsibility whatsoever for monitoring the App for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such Content, have no obligation to modify or remove any such Content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of the users submitting any such Content (including User Submissions or Third Party Content).
(c) All Content on the App is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever that Content without the prior written consent of the respective owners/licensors of the Content. Without limiting further express disclaimers herein, we provide no representation or warranty regarding the accuracy or timeliness of the Content on the App.
7. General Terms for App Use
(a) You may only use the App consistent with these Terms and any and all agreements under which the App is provided to you (including, for example, the Apple App agreement and the Google Store agreement). You assume sole responsibility for obtaining any additional or related hardware or software required for use of the App.
(b) Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, use any similar means to discover the source code of the App or to discover any trade secrets or other intellectual property in the App.
(c) You acknowledge that from time to time the App may automatically check for and install updates on your device. You agree and accept that the App may make updates without your confirmation or consent. Any updates to the App will be deemed part of the App. However, we have no obligation to provide you with any updates to the App (nor does any third-party).
(d) You agree not to export or re-export, directly or indirectly (including via remote access) the App or other information or materials provided to you from us to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In shall be your responsibility to comply with the latest United States or any other relevant jurisdiction’s export regulations, and you shall defend and indemnify us in accordance with the terms hereof for your breach of these provisions. In the event that these Terms are required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.
(e) The App is a “Commercial Item” as that term is defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the App is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms. Unpublished-rights reserved under the copyright laws of the United States and elsewhere.
(f) If you have received the App from Apple, you acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
(g) If you have received the App from Google or any other Android application service (for example, Amazon Apps), you acknowledge and agree that such third parties and their subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, such third-parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
8. User Conduct
(a) You represent and warrant that all the information provided by you to us is accurate and current and that you have all necessary rights, power and authority to agree to these Terms and to perform the acts required of you under these Terms.
(b) As a condition of your use of the App:
- You agree not to use the App for any unlawful purpose or in any way that is prohibited by these Terms.
- You agree to abide by all applicable local, state, national and international laws and regulations.
- You agree not to use the App in any way that exposes us to criminal or civil liability.
- You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the App.
- You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us.
- You agree not to create a false identity on the App.
- You agree to maintain the security of your login password and to be fully responsible for any and all use of your account.
- You agree not to use or attempt to use any other person’s account on the App without authorization.
- You agree not to use any automated means, including robots, crawlers, data mining tools or the like, to download, monitor or use data or content from the App.
- You agree not to use the App to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind.
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- You agree not to “stalk” or otherwise harass anyone on the App.
- You agree not to post, link to, or otherwise make available on the App any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit.
- You agree not to disable, circumvent, or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Content or which enforce limitations on the use of the App or the Content therein.
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the App or any of its Contents to any third party.
- You agree not to “frame” or “mirror” the App.
- You agree not to reverse engineer any portion of the App.
- You agree to be solely responsible for all acts and omissions that occur as a result of your use of the App.
(c) We reserve the right to take appropriate action against any user for any unauthorized use of the App, including civil, criminal and injunctive redress and the termination of any user’s use of the App. Any use of the App and our computer systems not authorized by these Terms is a violation of these Terms and certain federal and state laws, including the Computer Fraud and Abuse Act.
(a) You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the App because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules posted on the App as may be amended from time to time.
(b) We require you to provide certain information to allow us to process and authorize the payment of fees, including, without limitation, your name, billing address, card number, card expiration date and card security number. You represent and warrant that (i) you have the legal right to use form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us, you grant us the right to provide this information to such third parties. You agree to be bound by any applicable terms and conditions of our third-party payment processors.
(c) You acknowledge and agree that we may charge any form of payment you have on file with us for any fees you incur on the App (e.g., for making orders). You authorize us and our agents (including payment processors) to charge the form of payment on file for such payments on your behalf.
(d) You acknowledge that taxes or any other additional fees or charges may be added on to any charges or fees you make on the App and that you are responsible for the same. We may modify, add or remove such taxes or additional fees or charges in our sole discretion from time to time. You must make sure to carefully review your order before confirming it.
(b) You acknowledge that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates to the App.
11. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the App. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE APP FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
12. Indemnification and Release
(a) You hereby agree to indemnify us and hold us harmless from any and all damages and expenses, including those arising from third-party claims, including attorney’s fees, arising from your use of the App or from your breach of these Terms.
(b) In the event that you have a dispute with one of more other users or any third parties (including Venues), you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the App.
(c) If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13. Disclaimer of Warranties and Limitations of Liabilities
(a) READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(b) The App may contain links to third-party websites or applications which are completely independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites or applications. We have no right or ability to edit the content of any third party websites or applications. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites or applications.
(c) The App is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, timeliness, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the App. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
(d) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP, WHETHER SUCH DAMAGES ARISE FROM YOUR USE, MISUSE OR INABILITY TO USE THE APP, FROM YOUR RELIANCE ON ANY CONTENT ON THE APP, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE APP OR THE TERMINATION OF THE APP BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE APP. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU TO SOME EXTENT.
(e) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE APP. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE APP EXCEED TWO HUNDRED DOLLARS ($200).
(f) All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.
14. Choice of Law, Venue, Arbitration and Class Action Waiver
(a) To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions. Subject to Section 14(b) below, FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BOSTON, MASSACHUSETTS.
(b) Any controversy or claim arising out of or relating to these Terms, or the breach thereof, or your use of the App, shall be settled by arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Pursuant to the foregoing, you hereby acknowledge and agree that claims may not be brought in court or decided by a jury and that you are waiving your rights to a jury trial. Furthermore, YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
15. General Terms
- Merger. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
- Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
- Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Third Party Rights and Obligations. Unless explicitly stated, nothing herein is intended, nor will be deemed to confer rights, remedies, obligations or liabilities upon any third party (including, for example, any distributor of the App).
- Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
- Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the App.
- Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” is illustrative and not limitative.
Information Collected Upon Account Creation. In order to fully utilize the App, you must become a registered user by creating an account. We offer various means of creating an account, including by creating an App specific account by providing your email address and creating a password and providing additional information, or by associating the App with your Facebook, Google or other third party services. If you use a third party services to create an account on the App, we will be given access to some of your information available through that services, and you also understand that we may use your accounts on those services to post certain information about your use of the App. We may also collect other information about you including your IP address, time zone, geographical location and other information that you make available to us (including, for instance, your telephone number, image/likeness, Bluetooth information and WiFi information). We may also collect other information that you provide. In addition, we may receive and collect information about you provided to us by other users.
User Submissions. We will collect information about your uses of the App in order to make the App better and to provide information to venues and others about usage of the App.
Additional Information. We may use additional information about you that is made available to the App through your mobile device, including your location. Such information enables you and others to use the App better.
Log Data. When you use the App, we may automatically record information that your device sends (either automatically or upon request). This data may include information (without limitation) such as your IP address, location and which wireless networks you are using.
We may use your information to provide you with certain features and to create a personalized experience on the App. We may also use that information to operate, maintain and improve features and functionality of the App (including for other users).
Your information will be used, without limitation, in the manner as indicated on the App. If you are making an order on the App as a customer, your information, including your name, telephone number, photograph and other information will be provided to the venue that you are ordering from. If you are a venue, information about you and your venue will be provided to users so that they can make orders through the App. Further use of your information will be made through the features on the App as they may change from time to time.
We may use your e-mail address or other personal information to send commercial or marketing messages. We may use your e-mail for non-marketing or administrative purposes.
We may aggregate your personal information with personal information of other users, and disclose such information to advertisers, venues and other third parties for marketing and promotional purposes.
Disclosures of Information
If you upload any illegal material to the App, or you are suspected of doing such, we may forward all available information to relevant authorities and third-parties, including respective copyright owners, without any notice to you.
If you have an account on the App (whether directly or through a third party service like Facebook or Google) and have a password giving you access to the App, you are responsible for keeping the password confidential. Anyone else with your password may access your account and other personal information.
While we use commercially reasonable physical, managerial and technical safeguards to secure your information, the transmission of information via the internet is not completely secure and we cannot ensure or warrant the security of any information or content you transmit to us. Any information or content you transmit to us is done at your own risk.