MyCater Terms of Use
Last Modified: November 21, 2022
PLEASE NOTE THAT DISPUTES ABOUT THESE TERMS OF USE AND THE MYCATER PLATFORM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 18 BELOW .
1. ACCEPTANCE OF THIS AGREEMENT
These Terms of Use (the “Terms”) apply to the website www.Mycater.com and all related mobile site(s) and mobile app(s) provided by MyCater, Inc. (“MyCater,” “we,” “us,” or “our”), any other websites or mobile apps that link to these Terms, and all other services relating to your use of those websites and apps, such as our customer care services (collectively, our “Platform”). These Terms are a binding contract between you and MyCater. This means that if you access or use our Platform, you acknowledge and agree that you (as well as any of your heirs or persons to whom you have assigned your legal rights) (collectively “you”) are telling us that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations relating to your access and use of the Platform.
If you use the Platform on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity or organization, and that references to “you” and “your” in these Terms (except for in this sentence) refer to that entity or organization.
You also agree to any additional terms applicable to specific services and/or features that are a part of, or may be from time to time, made a part of, the Platform (collectively, the “Additional Terms”). Subject to applicable law, the Additional Terms are a part of these Terms and are expressly incorporated herein by this reference. If you do not agree to these Terms, you may not use the Platform.
2. DESCRIPTION AND LIMITATIONS OF OUR PLATFORM; FOOD PROVIDERS AND DELIVERERS ARE INDEPENDENT
We provide a technology platform and associated support services that make it easier for you to search, select and order food for pick-up or delivery.
We are not a caterer, restaurant, or other food preparer (each a “Food Provider”). The Food Providers available through our Platform are independent of MyCater and are subject to laws, rules, regulation, and standards regarding their businesses and services.
We also are not a delivery service and instead rely upon the Food Providers and other providers of delivery services to deliver food ordered through our Platform (each a “Deliverer”). Those Deliverers are independent of MyCater and are subject to laws, rules, regulations and standards regarding their businesses and services.
We do not verify, and are not responsible for, any Food Provider’s or Deliverer’s compliance with the laws, rules, regulations, and standards regarding their businesses and services. We do not assess or guarantee the quality or suitability of any Food Provider’s food, products, services, menus, descriptions or other disclosures or of any Deliverer’s services, and we are not responsible for any Food Provider’s or Deliverer’s acts or omissions.
You understand and agree that MyCater is not liable for any losses, damages, liabilities, lawyers’ fees, or other expenses caused by the acts or omissions of a Food Provider or Deliverer. That said, we strive to work with Food Providers and Deliverers that our customers value, so if you have any questions, comments, or concerns about a Food Provider or Deliverer, we encourage you to email us at support@Mycater.com.
3. ELIGIBILITY
To use the Platform, you must be—and you represent and warrant that – (i) you are at least 18 years of age, (ii) neither you nor any organization on whose behalf you are using the Platform has been previously been banned or removed from the Platform, and (iii) you have the ability and authority to agree to these Terms.
4. ACCOUNT REGISTRATION AND USE
4.1 Account Registration and Confidentiality. You are required to create an account to use parts of the Platform. During the registration process for your account, you must provide us with your email address and a password (that together will serve as your login credentials) and you may be required to provide additional information, such as your name, phone number and/or a credit card number. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of the information you provide us up-to-date.
4.2 Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To notify us, please email us at support@Mycater.com. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. By creating an account with us, you agree that you are fully responsible for all activities that occur under your login credentials and that we may assume that any communications we receive through your account have been made by you.
5. INTELLECTUAL PROPERTY OWNERSHIP
The Platform, and all materials contained in and on the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of us and our licensors. Except for the limited license expressly granted by us to you under these Terms, no other rights or licenses are granted to you under these Terms, either expressly, by implication or otherwise. All rights not expressly granted by us in these Terms are expressly reserved.
6. USER CONTENT AND SUBMISSIONS
6.1 User Content and Posts. The Platform may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content, such as reviews, photos, ratings, and other content such as comments, ideas, and other feedback (collectively, "User Content"). User Content may be viewable by other users and may include information about you.
6.2 Our License to User Content. When you Post User Content on or through the Platform (including ratings and reviews), you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform or display, create derivative works from, sell, lease, and transmit such User Content, in whole or in part, in any format or medium, including for promoting and redistributing part or all of the Platform in any media formats and through any media channels. Notwithstanding the foregoing, our use of your information shall be governed by the MyCater Privacy Policy.
6.3 User Content Representations. You acknowledge and agree that all User Content that you Post is your responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors or other errors. You agree that you will indemnify, defend, and hold harmless us for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
6.4 User Content Review and Use. You acknowledge and agree that we and our designees may, at our discretion, pre-screen User Content before its appearance on the Platform. However, we do not assume any obligation to pre-screen User Content. You further acknowledge and agree that we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Content for any reason, in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of and reliance on User Content.
6.5 Ratings and Reviews. When you Post a rating or review about a Food Provider or Deliverer, you shall ensure that (i) your rating or review is based on your first-hand experience with the Food Provider or Deliverer within the thirty (30) days prior to your rating or review; (ii) you do not have a proprietary or other affiliation with the Food Provider, Deliverer, or any of their competitors; (iii) you do not draw any legal conclusions regarding the Food Provider’s or Deliverer’s products, services, or conduct; and (iv) your review complies with these Terms. We may remove any rating or review if we determine, in our sole discretion, that it violates these Terms or diminishes the integrity of the ratings and reviews.
7. COMMUNICATIONS
You consent to accept and receive communications from us, including e-mail, calls, push notifications and text messages to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which may deliver prerecorded messages. Any text messages we send to you are subject to our SMS Terms & Conditions. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.
8. PAYMENTS
8.1 Payment Authorization. You authorize us or our third party payment processor to charge all amounts owed for orders you place to the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we or our payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. We and our third party payment processor act as agents of the Food Provider in processing payments for purchases. Your obligation to the Food Provider for all amounts owed for your order will be deemed satisfied upon receipt by us or our payment processor of your payment amount (except for your obligations in the event of a chargeback or other payment reversal).
8.2 Cancellations; No Shows. If you cancel your order, you may be charged some or all of the amount of the order, depending on the policy of the Food Provider. On behalf of your Food Provider, we also reserve the right to charge you (or cause our third party payment processor to charge you) the full amount of the order, if you, or the person you designate, is not at the delivery location you specify when the order is delivered or if you fail to pick up a “take-out” or “pick-up” order from a Food Provider.
8.3 Refunds. Any payments you make are final and non-refundable.
8.4 Other Fees. We reserve the right to establish, remove, and/or revise fees, or other amounts for any or all services or features we provide through the Platform
8.5 Rewards Program. We currently offer the MyRewards loyalty program where you can earn points for purchases of goods or services or other activities (the “Rewards Program”). In our discretion, we may also distribute points for other reasons from time to time. Points may be redeemed for certain non-cash rewards that we may offer from time to time, are non-transferrable, may not be resold, and are not redeemable for cash. You may review the terms and conditions of the Rewards Program in your MyCater account. You agree we may change the terms and conditions of the Rewards Program, terminate the Rewards Program, or expire, deduct, limit, or modify your Rewards Program points at any time for any reason, including in the event we determine or believe that your participation in the Rewards Program was in error, fraudulent, illegal, or otherwise in violation of these Terms.
8.6 Courtesy/Promotional Credits and Other Discounts, Promotions and Offers. From time to time, we may offer courtesy/promotional credits or other discounts, promotions or offers. Any courtesy/promotional credits that you receive may only be used to purchase goods or services, are non-transferrable and are not redeemable for cash. Other discounts, promotions or offers are also non-transferrable and are not redeemable for cash. We reserve the right to expire, limit, or modify any courtesy/promotional credits or other discounts, promotions or offers at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits and any other forms of unredeemed value in or associated with your account without prior notice to you.
9. LICENSE AND PROHIBITED CONDUCT
9.1 Your License. As long as you comply with these Terms and we have not otherwise revoked your right, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including the MyCater Privacy Policy and these Terms. We may revoke this license at any time, in our sole discretion, for any or no reason. Upon any such revocation, you must immediately cease all access and use of the Platform. In addition, at our request you must you will destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.
9.2 Prohibited Uses. Use of the Platform for any illegal purpose—or for any other purpose not expressly permitted in these Terms—is strictly prohibited. Without limitation, you will not use the Platform to:
• Post User Content that: (i) harasses, abuses, or threatens any other person, or that contains obscene content; (ii) is false, misleading, or inaccurate; (iii) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; (iv) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy; (v) promotes sexually explicit or pornographic material, violence, or any illegal acts; (vi) infringes the legal rights of any person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (vii) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
• Promote any commercial purpose, such as to benchmark or compile information for a product or service;
• Copy, download (other than through page caching for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Platform, by any means except as provided for in these Terms or with our prior written consent;
• Scrape, access, monitor, index, frame, link, or copy any content or information by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Platform through a browser or accessing the Platform through any API provided or approved by us;
• Breach the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;
• Advocate illegal activity or discuss illegal activities with the intent to commit them;
• Engage in money laundering or any other fraudulent activity;
• Make available any material that contains any software, device, instructions, computer code, files, programs, and/or other content or features designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
• Do anything that could disable, overburden, or impair the proper working of the Platform;
• Impede or otherwise prohibit communication or disrupt user discussion;
• Post, utilize, or otherwise make available any other party’s intellectual property, unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Platform;
• Post any trade secrets or other confidential information, or any material that you do not have a right to make available under any law or contractual relationships;
• Falsely state or otherwise misrepresent your affiliation with a person or entity;
• Impersonate any person or entity in a manner that does not constitute parody;
• Solicit personal or sensitive information from other users;
• Send spam, commercial electronic messages, or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Platform;
• Violate, or facilitate violations of, these Terms, MyCater Privacy Policy, or any guidelines or policies posted by us; and/or
• Interfere with any other party’s use and enjoyment of the Platform.
10. LEGAL COMPLIANCE
You acknowledge, consent, and agree that we may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Platform, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by our Privacy Policy.
11. PRIVACY
For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy, which is incorporated by reference into these Terms.
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as below in the section entitled “Warranties, Disclaimers, and Limitation of Liability.” Accordingly, some of the below limitations may not apply to you. If you are a resident of a U.S. state that does not permit the exclusion of certain warranties and liabilities, then the limitations in the “Warranties, Disclaimers, and Limitation of Liability” section below will apply to you to the extent permitted by law.
If you are a resident of New Jersey, the provisions in subsection 13.2 below apply to you to the extent permitted by law.
13. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
13.1 Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MYCATER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MYCATER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT YOUR USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE (INCLUDING THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS).
MYCATER DOES NOT ASSESS OR GUARANTEE THE QUALITY, SUITABILITY, LEGALITY, SAFETY OR ABILITY OF FOOD PROVIDERS, DELIVERERS OR OTHER THIRD-PARTY PROVIDERS. MYCATER
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