1. Acceptance of terms
Penny POS Incorporated (“Penny POS") provides our service to you, including making payments and food pick-up or delivery requests with the participating restaurants subject or related third parties that participate in site's food pickups and deliver request services. to the following Terms of Service ("Terms"). The Terms cover all information, data, and services at http://www.foodtoeat.com ("Site"). We may, from time to time, update these Terms, and the date of last revision will be available at the top of this page, so please be sure to check back periodically. By using the Site, you are acknowledging and accepting these Terms.
2. User submissions and conduct
The services provided on the Site, including making food pick-up and delivery requests, also grant you and others the ability to write, post, transmit and display user generated submissions, comments, pictures, recommendations and reviews on the Site (“User Submissions”) under the following conditions:
- All User Submissions are subject to review by Penny POS in its sole discretion and can be edited or removed without cause or notification.
- You will not create or submit false, profane, sexually explicit or controversial reviews about any other users, third-parties or participating restaurants, and participate in good faith on the Site.
- You will not submit information or materials that contain copyrighted, trademark or other intellectual property, including images, text and designs, without the express written permission of the owner.
- You will not use the Site to purchase alcohol, unless you are 21 or over, present valid identification at the time of pick-up or delivery and the recipient of the alcohol purchase.
- You are authorized to share information and User Submissions from our Site to personal accounts with social networking service providers including Facebook, Foursquare and Twitter accounts.
- You will not upload or transmit harmful or destructive files, including viruses.
- You will comply with US regulations and laws regarding online conduct and submissions, and will not use the Site for illegal or disruptive purposes.
Penny POS does not endorse or claim to represent or be affiliated with any User Submissions. Although Penny POS will strive to review or edit User Submissions, it does not control or monitor User Submissions, represent that the User Submissions are accurate and disclaims any responsibility in connection therewith.
3. Information you provide
We may ask you for certain information in order to provide you with services you request, such as food delivery. By providing information on our Site, such as in conjunction with a request for services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "User Data") and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if Penny POS has a reasonable ground to suspect that such information is inaccurate, not current or incomplete, Penny POS may deny you access to areas of the Site or Penny POS services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from Penny POS related to content found on the Site. You may opt out of receiving these communications at any time by sending an email to email@example.com.
5. Participating restaurants and users
As part of the services provided on the Site, users will be communicating and interacting with restaurants and related third parties that participate in the Site’s food pick-up and delivery request services. The following sets forth the obligations, responsibilities and communications between the users and the participating restaurants and related third parties:
- Your participation, communications and dealings with any third party found on or through the Site are solely between you and such third parties. This includes food orders, pick-ups, payment and food delivery, and any other terms or conditions associated therewith. You agree that Penny POS is not responsible or liable for any loss, error, change or damage which may result from such third party dealings, including, but not limited to, delivery of incorrect food order, timeliness, food temperature issues, poor service and product services resulting in food poisoning, allergies or any food related illnesses.
- Food delivery cancellations and changes can be done by directly contacting the restaurant.
- The order status page is dependent on if and when the restaurant updates the status of any pending order. For example, the order status page may indicate pending even though the delivery actually may have taken place because the restaurant did not update the status. Penny POS does have any responsibility in updating the order status page.
- The participating restaurant provides the menu content, availability and pricing information and Penny POS does not warrant the accuracy or completeness of such information.
- Food delivery timings and order information are the responsibility of the participating restaurant.
- If you choose to pay by cash for a pick-up order and the restaurant reports that you did not pick-up the order or no one was available to receive the order, Penny POS reserves the right to terminate your account.
- In cases where a participating restaurant receives random and inaccurate orders, Penny POS does not take any responsibility for those orders. However, Penny POS will attempt to stop such orders in the future if it is informed of such occurrences by the restaurant.
- Users have the obligation to confirm and make sure that the payment amount for an order placed on the Site is correct before placing the order. Penny POS is not responsible for any additional costs, including any tax amount and calculations. It is up to the restaurant to specify and collect taxes.
- Honoring any promotions displayed on the Site is up to the participating restaurant and Penny POS does not offer any guarantee.
- The food pick-up or delivery time for any restaurant defined on the Site is for information purpose only and the accuracy of the information cannot be guaranteed.
- The availability of ordered items is the sole responsibility of the restaurant.
- A user is allowed to place an order for a future date. In such cases, if payment is made with a credit card, Penny POS will place the charge right away. If there is any cancellation, then a user can call the restaurant. Any order will be cancelled if the participating restaurant is closed due to emergency.
Menu content, price, availability and restaurant information are subject to change without notice or cause, and Penny POS disclaims any responsibility or liability for any errors or actions in connection therewith.
Penny POS allows users to order vouchers (“Voucher”) from the Site which are promotional vouchers for purchase from participating restaurants (“Voucher Participant”) for use with discounted goods and services at the restaurant. The Voucher Participant is the seller and responsible party for the Vouchers and Penny POS is not responsible for any matters in connection therewith. By ordering a Voucher from any Voucher Participant, you agree to the following:
- The Voucher is applicable for pick-up and delivery orders only, unless otherwise stated.
- The Voucher is applicable towards goods and services only, and cannot be used for taxes, tips, handling or prior balances, unless authorized by the Voucher Participant. The Voucher Participant has the sole discretion to accept any Voucher towards the sale of alcohol.
- The Voucher cannot be combined with any other promotions, coupons or certificates, unless authorized by the Voucher Participant.
- The Voucher limit is 1 per redemption, unless the Voucher Participant states otherwise.
- The Voucher Participant has the sole discretion to determine the redemption frequency of any Voucher and the issuance of credit at the respective restaurant.
- The Voucher is not valid after the expiration date.
- The Voucher Participant may be responsible for allowing you to redeem your Voucher for the cash value of the amount that you actually paid for the Voucher. You will be entitled to a credit or cash from the Voucher Participant if you redeem the Voucher for less than its face value, which shall be equal to the difference between the face value and the amount you redeemed, if required by law.
- The Voucher cannot be copied or transferred unless you do so according to applicable law. Any lost, stolen or misplaced Vouchers will not be replaced or redeemed.
Penny POS does not warrant or represent the accuracy or use of the Voucher as it does not hold or issue the Voucher, and disclaims any responsibility or liability in connection therewith. The Voucher Participant is the holder and issuer of the Voucher, and fully responsible for any claims or liabilities that may result from the purchase or use of the Voucher.
7. Account password and security
The Site may contain features that require registration ("Restricted Areas"). You are not required to register to use the Site, but may not be able to access some content without registration. At the time of registration for online account access, you will be required to select a User ID and password for use on the Site. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (i) keep your password confidential and not have it with anyone else; (ii) immediately notify Penny POS of any unauthorized use of your password or account identifier or any other breach of security; and (iii) use only your password to access the Site's Restricted Areas. Penny POS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Penny POS is authorized to act on instructions received through use of your password, and that Penny POS may, but is not obligated to, deny access or block any transaction made through use of your password without prior notice if we believe your password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Penny POS may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Penny POS, its users and the public.
8. Billing information
You warrant that you have the appropriate authority and power to validly accept the following payment terms (“Payment Terms”):
- You represent and warrant that you are over 18.
- If you are using a credit card, you represent and warrant that the credit card is issued in your name and you will pay all charges incurred in the course of using that card on the Site.
- All personal information, credit card information and all other details you provide in relation to making reservations are accurate and complete.
We reserve the right to alter, suspend or terminate the Payment Terms temporarily or permanently at any time.
9. Non-commercial use
By using the Site, you acknowledge and agree that the Site is for non-commercial, personal and social networking uses only. You may copy information from the Site for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Site.
10. Modifications to service
Penny POS reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof), including the Restricted Areas, with or without notice. You agree that Penny POS shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
11. Downloaded software
If you download any software from the Site, you agree that Penny POS has not transferred or granted any rights in and to the software, and all of the rights therein, including intellectual property rights, belong to Penny POS.
You agree that Penny POS may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Site or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification of the Site (or any part thereof), (v) unexpected technical or security issues or problems, and (vi) extended periods of inactivity. Termination of your account(s) may include removal of access to all offerings within the Site's Restricted Areas, at Penny POS's sole discretion, the deletion of all of your Site account information and other content associated with your Site account (or any part thereof), and barring further use of the Site' Restricted Areas.
13. Dealings with advertisers and third parties
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Site, including making reservations or cancellations, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Penny POS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.
14. Links and advertisements
The Site may provide links to other website or resources. Because Penny POS has no control over such Site and resources, you acknowledge and agree that Penny POS is not responsible for the availability or reliability of such external Site or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Site or resources. You further acknowledge and agree that Penny POS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Such links do not imply Penny POS’ endorsement of information or material on any other site and Penny POS disclaims all liability with regard to your access to and use of such linked website or resources.
Any advertisements displayed on the Site are meant for commercial use. Penny POS reserves the right to display and remove advertisements at its discretion.
You agree to indemnify, defend, and hold Penny POS, its officers, employees, agents, affiliates and partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, any transaction resulting from use of the Site, your connection to the Site, your violation of these Terms, your submission, posting, or transmission of personally identifiable information or other data to the Site, and/or your violation of any rights of another.
16. Our proprietary rights
All title, ownership and intellectual property rights in and to the Site, including images, text, pictorial works, graphic designs, slogans, marks, recordings and computer programs (“Content) are owned by Penny POS or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Penny POS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, or based upon any materials found on the Site. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and subject to protections similar to those set forth in these Terms.
17. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PENNY POS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. PENNY POS DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. PENNY POS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PENNY POS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. Limitation on liability
YOU UNDERSTAND AND AGREE THAT PENNY POS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENNY POS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PENNY POS SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
19. Trademark information
PENNY POS, SEEK A TABLE, FOOD TO EAT, and any other names, slogans or marks displayed on the Site are trademarks and service marks of Penny POS Incorporated or its licensors (the "Penny POS Marks"). You agree that you will not display the Penny POS Marks, or use the Penny POS Marks in any manner, without the prior written permission of Penny POS.
The Site is protected by copyright laws. Except for your use under the Terms herein, you may not modify, reproduce or distribute the content, design or layout of the Site, or any portion thereof, without the prior written permission of Penny POS.
21. Choice of law
The Terms and the relationship between you and Penny POS shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
23. General information
Waiver and Severability of Terms. The failure of Penny POS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that you will report any violations of the Terms to firstname.lastname@example.org.