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Terms of Service

Thank you for using Menuless (“we,” “us,” or “our,”) the food ordering service (“Service”) that selects a food order for you (“the User”) based on criteria you have entered into menuless.com (“the Site”). By using this Site and Service, the User agrees to the following Terms of Service.

The Binding Agreement

Upon ordering from menuless.com, the Site, you agree that you have read these terms carefully, understand them and agree to be bound by all of the provisions herein. Please do not use our Site or Service if you do not agree with any part of our Terms of Service.


Payment

You agree to only use our Site or Service to order if you are the authorized holder of the credit card used for payment. For each order placed, you agree to pay up to but no greater than the price you, the User has set as the maximum you, the User, is willing to spend. This price includes the price of the order, any applicable delivery fees, applicable taxes, and tip, which is the greater of either $3.00 or 12% of the total order cost.

Placing an order authorizes Menuless to automatically bill the User’s credit card through a third party service, Delivery.com.


Age

You must be at least 18 years or older to use our Site.


Allergies and Safety Information

IF YOU HAVE ANY FOOD OR FOOD RELATED ALLERGIES OR RESTRICTIONS, YOU AGREE TO NOT USE OR ACCESS OUR SITE OR SERVICE. Under no circumstances, including but not limited to, negligence, shall Menuless and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (the “Released Parties”) be liable to you and/or any third party (whether in contract, tort (including, but not limited to, negligence) and/or otherwise) for any special, consequential, incidental, direct, indirect, and/or punitive damages, lost profits, lost opportunities, and/or any other loss and/or injury that results from a food or food related allergy, even if the Released Parties have been advised of the possibility of such damages, other loss and/or injury.


Refunds/Cancellation of Order

There are no refunds or cancellations of orders once the User places an order. Under no circumstances will the Released Parties refund money for submitted orders, even if the order is delivered late, or isn’t delivered at all.

Any and all refund requests must be taken up with the restaurant responsible for preparing and delivering your, the User’s, order. Menuless does not guarantee any such requests will be granted.


Intellectual Property Rights

All of the content contained in and as a part of the Site, including but not limited to text, source code, databases, functionality, website designs, graphics, videos, images, and software, (the “Content”), including all non-third party trademarks, service marks, and logos contained therein (“Marks”), are the property of or licensed to Menuless. The personal information you submit to Menuless to complete an order is excluded from and does not form part of our Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Menuless Content or enforce limitations on use of the Site or the Menuless Content therein.


Licensing

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and the Menuless Services; the license granted does not include any resale or commercial use of the Site, the Menuless Services, or the Menuless Content. Any other use of the Site, Service and/or Content is strictly prohibited. No Content may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission.


Indemnification

You agree to indemnify, defend and hold harmless Menuless and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, your violation of applicable law, and your use of the Site, Content and/or Service.


Disclaimer of Warranties

MENULESS, THE SITE, AND SERVICE ARE PROVIDED TO THE USER ON AN "AS IS” ONLY BASIS, SOLELY UNDER THE USE AND DIRECTION OF THE USER, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR BY LAW, OR FROM A CAUSE OF DEALING OR USAGE OF TRADE. MENULESS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE AND/OR THE OTHER CONTENT ON THE SITE WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, AND/OR THAT THE SITE, THE SERVICE AND/OR CONTENT ON THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL MATERIAL. MENULESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR ANY CONTENT ON THE SITE IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITE. YOU UNDERSTAND THAT YOU USE, OR OTHERWISE OBTAIN CONTENT OR SERVICE THROUGH, THE SITE AT YOUR OWN DISCRETION AND RISK. YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR RELATING TO YOUR USE OF THE SITE, THE SERVICE AND/OR CONTENT.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MENULESS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR THE PURCHASE OF ANY PRODUCTS OR SERVICES (INCLUDING DELIVERY) USING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF MENULESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.


Links

Our Site may include links to other websites on the Internet that are owned and operated by online merchants and other third parties (“Third Party Sites”). You acknowledge that we are not responsible for the availability of, or the content located on or through, any Third Party Site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said policies of third-party sites.


Changes to the Terms of Use Agreement

You can review the most current version of the Terms of Service at any time at this page. Menuless reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes whether you are expressly aware of any changes. You agree that if you do not agree with any new terms of the Agreement, you will stop using the Site and Service.


Governing Law and Jurisdiction

Our Site is operated and provided in the State of New York, in which we are located. As such, we are subject to the laws of our State, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.


Waiver

Our failure to exercise or enforce, or delay in exercising or enforcing any right or provision of these Terms of Use, the Privacy Policy and/or any other additional terms shall not constitute a waiver of such right or provision.


Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


Privacy Policy

This Privacy Policy governs the manner in which Menuless collects, uses, maintains and discloses information collected from users (each, a "User") of the menuless.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Menuless.

Personal identification information

We may collect personal identification information (“PII”) from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.


Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.


How we use collected information

Menuless may collect and use Users personal information for the following purposes:

To improve customer service
  • Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
  • We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To process payments
  • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails
  • We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.


Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.


Changing PII

You may review, correct and/or update certain elements of your PII in the "Account" section of menuless.com. We and our third party service providers are not responsible for altering PII from the databases and/or other records of third parties with whom we and our third party service providers have shared your PII.


Compliance with children's online privacy protection act

The Site is not directed to and/or intended for use by individuals under the age of eighteen (18), and we request that such individuals not use the Sites and not provide PII through the Sites.


Changes to this privacy policy

Menuless has the discretion to update this privacy policy at any time. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.


Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.