Terms of Service
Introduction and Eligibility
Please read these Terms of Service (“Terms”) carefully before using the WhereYouEat Service.
WhereYouEat Terms of Service is a legally binding agreement. As WhereYouEat evolves and improves, we may make changes to the Terms of Service. When we make changes, we’ll let you know on our homepage.
Binding Agreement. These Terms constitute a binding agreement between you and WhereYouEat Inc. and its affiliates, subsidiaries, and WhereYouEat.com (“WhereYouEat,” “we,” “us”). “You” and “users” shall mean all visitors to the WhereYouEat Service. You accept these Terms each time you access the WhereYouEat Service or WhereYouEat.com. If you do not accept these Terms, you must not use the WhereYouEat Service or WhereYouEat.com.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the WhereYouEat Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the WhereYouEat Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The WhereYouEat Service AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the WhereYouEat Service.
The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the WhereYouEat Service.
The WhereYouEat Service
The WhereYouEat Service is defined as any website, mobile application, or Internet service under WhereYouEat control, whether partial or otherwise, in connection with providing the services provided by WhereYouEat. The WhereYouEat Service allows you to browse menus from local restaurants and, assuming a restaurant delivers to your location, order menu items for delivery.
WhereYouEat may communicate with you by email or posting notice on the WhereYouEat homepage. You may request that we provide notice of any security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the WhereYouEat Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the WhereYouEat Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the WhereYouEat Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at WhereYouEat2018@gmail.com
Conditions of Sale and Payment Terms
We reserve the right to decline your order at any time before items you order are delivered to you. You can pay with VISA, MasterCard, Discover, or American Express. We can change our prices and billing methods at any time.
Conditions of Sale.To make a purchase through the WhereYouEat Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or its commonwealths, territories and possessions ("United States"). Each purchase will be considered to be a separate transaction and each delivery will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by WhereYouEat upon the completion of the order and delivery of an order, as indicated by our servers and the restaurant responsible for delivery. All orders placed over $80.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Methods of Payment. All payments must be made by VISA, MasterCard, Some merchants may choose to not accept AMERICAN EXPRESS OR DISCOVER. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT WHEREYOUEAT, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify WhereYouEat of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If WhereYouEat does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by WhereYouEat or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. WhereYouEat shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required.
Price Changes and Modifications to Payment Terms. WhereYouEat shall have the right to refuse or cancel any orders placed for items listed at an incorrect price or containing any other incorrect information or typographical errors. WhereYouEat shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, WhereYouEat shall immediately issue a credit to your credit card account in the amount of the charge. WHEREYOUEAT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Refund Policy. Each restaurant has their own refund policy. Please contact the restaurant directly to discuss refunds, partial refunds or store credits.
Gratuities. The prices listed on the WhereYouEat service do not include gratuities for delivery personnel. If you wish to tip delivery personnel, please do so in cash or some businesses allow to add tip at time of ordering. If you tip delivery personnel using the credit card on file with the restaurant, WhereYouEat will charge the tip amount to the credit card with which you placed the order.
WhereYouEat Content Ownership and Use
WhereYouEat owns all of the content we create, but you may use it while you use the WhereYouEat Service. Don’t use our logo, unless, of course, you have our written permission.
The contents of the WhereYouEat Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other WhereYouEat content (collectively, “WhereYouEat Content”). All WhereYouEat Content and the compilation (meaning the collection, arrangement, and assembly) of all WhereYouEat Content are the property of WhereYouEat or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the WhereYouEat Service and the WhereYouEat Content solely for the use of WhereYouEat services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the WhereYouEat Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original WhereYouEat Content on any copy you make of the WhereYouEat Content.
WhereYouEat Marks. All WhereYouEat logos and product and service names are or may be trademarks of WhereYouEat (the “WhereYouEat Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the WhereYouEat Marks.
Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you post to the WhereYouEat Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
WhereYouEat Claims No Ownership. The WhereYouEat Service may provide you with the ability to create or post content (“Your User Content”). WhereYouEat claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the WhereYouEat Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the WhereYouEat Service, any right, title, or interest in or to such content delivered via the WhereYouEat Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the WhereYouEat Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the WhereYouEat Service does not violate the privacy rights, publicity rights, contract rights, intellectual property rights (including copyrights), or any other rights of any person, and (iii) the posting of Your User Content on the WhereYouEat Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the WhereYouEat Service.
The WhereYouEat Service contains content from users and other WhereYouEat licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the WhereYouEat Service.
Let us know if you think a user has violated your copyright using the WhereYouEat Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the WhereYouEat Service infringe your copyright, you (or your agent) may send WhereYouEat a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the WhereYouEat Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WhereYouEat to locate the material on the WhereYouEat Service;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send WhereYouEat a counter-notice.
Suggestions and Submissions
WhereYouEat welcomes your suggestions! If you’re happy, we’re happy. Please email us at WhereYouEat2018@gmail.com if you have any suggestions or comments. Use it, if you please! We disclaim: suggestions are anonymous and we may use them to improve WhereYouEat services without notice, compensation, or attribution.
We appreciate hearing from our users and welcome your comments regarding the WhereYouEat Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:
1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by other users and third parties, and explicitly disclaim any representations or warranties regarding the accuracy of restaurant menus viewable through the WhereYouEat Service. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.
A. Prohibited WhereYouEat Service Uses
Don’t do bad things with the WhereYouEat Service. Don’t do bad things to the WhereYouEat Service. Thank you kindly.
You agree to use the WhereYouEat Service only for its intended purpose. You must use the WhereYouEat Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the WhereYouEat Service are prohibited. You may not:
1. Aggregate, copy, or duplicate any WhereYouEat Content;
2. Use data mining, robots, or other data gathering devices on the WhereYouEat Service;
3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the WhereYouEat Service;
4. Interfere or attempt to interfere with the proper working of the WhereYouEat Service;
5. Gain unauthorized access to the WhereYouEat Service or computers linked to the WhereYouEat Service;
6. Attempt to reverse engineer, or reverse engineer the WhereYouEat Service;
7. Frame or link to the WhereYouEat Service without permission;
8. Attempt to or submit a virus to the WhereYouEat Service;
9. Take any action imposing an unreasonable or disproportionately large load on WhereYouEat infrastructure;
10. Attempt to or obtain unauthorized access to other users’ accounts;
11. Sell, transfer, or assign any of your rights to use the WhereYouEat Service to a third party without our express written consent;
12. Use the WhereYouEat Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to WhereYouEat or others;
13. Use the WhereYouEat Service in an illegal way or to commit an illegal act; or
14. Access the WhereYouEat Service from a jurisdiction where it is illegal, unauthorized, or penalized.
Consequences of Violating These Terms
If you violate these terms, we may refuse to provide the WhereYouEat Service to you.
We reserve the right to suspend or terminate your account and prevent access to the WhereYouEat Service for any reason, at our discretion. We reserve the right to refuse to provide the WhereYouEat Service to you in the future. Perpetual licenses granted by you to WhereYouEat remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the WhereYouEat Service.
We’re always working to improve WhereYouEat services. As we grow we may make changes to the WhereYouEat Service. These changes may occur at any time and without notice
Changes to the WhereYouEat Service. We may change, suspend, or discontinue any aspect of the WhereYouEat Service at any time, including hours of operation or availability of the WhereYouEat Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the WhereYouEat Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release WhereYouEat of all claims, demands, and damages in disputes among users of the WhereYouEat Service. You also agree not to involve us in such disputes. Use caution and common sense when using the WhereYouEat Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the WhereYouEat Service, including menu item availability or pricing. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the WhereYouEat Service. Use the WhereYouEat Service at your own risk.
Third-Party Websites. The WhereYouEat Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the WhereYouEat Service.
Released Parties Defined. “Released Parties” include WhereYouEat and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
We are not responsible for anything WhereYouEat users do when using the WhereYouEat Service. You use the WhereYouEat Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WHEREYOUEAT SERVICE IS AT YOUR SOLE RISK, AND THE WHEREYOUEAT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MENU ITEMS OFFERED BY RESTAURANTS LISTED ON THE WHEREYOUEAT SERVICE OR RESULTS THAT MAY BE OBTAINED BY RESTAURANTS AS A RESULT OF BEING LISTED ON THE WHEREYOUEAT SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WHEREYOUEAT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WHEREYOUEAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WHEREYOUEAT SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WHEREYOUEAT SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WHEREYOUEAT SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not responsible for any outcome of using the WhereYouEat Service. If you use the WhereYouEat Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHEREYOUEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WHEREYOUEAT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WHEREYOUEAT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WHEREYOUEAT SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE WHEREYOUEAT SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WHEREYOUEAT SERVICE OR YOUR USE OF WHEREYOUEAT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any WhereYouEat Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and WhereYouEat concerning your use of the WhereYouEat Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the WhereYouEat Service.
These Terms and the relationship between you and WhereYouEat shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and WhereYouEat agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the WhereYouEat Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York County, New York. You covenant not to sue WhereYouEat in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service