Terms and Conditions Agreement
Effective: March 29, 2021
THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GREAT FOODS2GO, INC., A DELAWARE CORPORATION DBA 1DELIVERY (COLLECTIVELY, “1D,” “WE,” “US,” OR “OUR”). YOUR USE OF OUR SERVICES AND WEBSITE HTTPS://1DELIVERY.COM IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY OF IT FOR YOUR REFERENCE.
1. Agreement Acceptance
By accessing our website at https://1delivery.com, installing or using our 1Delivery mobile application, installing or using any other software supplied by 1D, or access any information, function, or service available or enabled by 1D (each, a “Service” and collectively, the “Services”), or complete the 1D account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you are of legal age in the jurisdiction in which you reside to form a binding contract with 1D; (b) you have read, understand, and agree to be bound by this Agreement; and (c) you have the authority to enter into the Agreement whether personally or on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement, as applicable. The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services. 1D provides an online marketplace connection, using web-based technology that connects you and other consumers, restaurants and independent delivery contractors (“Contractors”). 1D’s software permits consumers to place orders for food from various restaurants, either for delivery or pickup (the “Software”). Once a delivery order is made, the Software notifies Contractors that a delivery opportunity is available, and the Software facilitates completion of the delivery to the consumer. Once a pickup order is made, the Software communicates with the customer regarding the availability of the order for pickup. 1D is not a restaurant, delivery service, or food preparation business.
2. Policies and Additional Terms
3. Amendments or Modifications
1D reserves the right to amend or modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
4. No Unlawful or Prohibited Use
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that, and if we believe or determine that you have breached any of the following, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion: (a) You will only access the Services using means explicitly authorized by 1D. (b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights. (c) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful or prohibited material or for deceptive or fraudulent purposes; and you may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. (d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services. (e) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless you have given prior written authorization to do so by 1D. (f) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. (g) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use. (h) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will provide us with whatever proof of identity we may reasonably request, and you will promptly notify us of any changes to such information. (i) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services. (j) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any 1D server. (k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party. (l) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures 1D may use to prevent or restrict access to the Services or use of the Services or the content therein. (m) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites. (n) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services. (o) You will not engage in threatening, harassing, racist, sexist or any other behavior that 1D deems inappropriate when using the Services. (p) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services. (q) You will not attempt to undertake any of the foregoing.
5. User Account
In order to access or use some (or potentially all) of the Services, you may have to become a registered user and open an account and/or log in to your existing account with 1D. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are solely and fully responsible for all activities that occur under your password or account. You are the sole authorized user of any account you create through the Services. You agree not to create an account or use the Services if you have been previously removed by 1D, or if you have been previously banned from use of the Services. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify 1D immediately. 1D will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by 1D or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or 1D has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, 1D has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof).
6. Independence of Contractors and Merchants
You understand and agree that 1D (i) is not in the delivery business nor is it a common carrier; (ii) provides a technology platform connecting you and facilitating the transmission of orders by Users to independent food service providers that provide the products offered through the Services (“Merchants”) for pickup or delivery by independent third-party Contractors who provide delivery services, and; (iii) does not itself prepare food or offer delivery services and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the retailer; the services offered by 1D pursuant to this Agreement do not include any retail services or any food preparation services. 1D will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that 1D is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor and does not verify Merchants’ compliance with applicable laws or regulations. 1D has no responsibility or liability whatsoever for acts or omissions by any Merchant or Contractor. You agree that neither the Contractor nor 1D holds title to or acquires any ownership interest in any goods that you order through the Services. You agree that the Merchant you have selected will prepare the goods that you purchase, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location.
7. User Content / Ratings and Reviews / Feedback
7.1 User Content.1D may provide you with the ability to post User ratings and reviews and other interactive opportunities through the Services (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services (i) does not contain material that is false, intentionally misleading, or defamatory; (ii) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) does not contain any material that is unlawful; (iv) does not violate this Agreement; and (v) does not violate any law or regulation. 1D reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You hereby grant 1D a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with 1D’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant 1D a license to use your username, first name and last initial, and/or other User profile information, including without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. For the avoidance of doubt, the license granted to 1D herein shall survive termination of the Services or your account. You agree that 1D may monitor and/or delete your User Content in 1D’s sole discretion (but does not assume the obligation) for any reason. 1D may also access, read, preserve, and disclose any information as 1D reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of 1D, its Users and third parties.
7.2 Ratings and Reviews.To the extent that you are asked to rate and post reviews of Merchants (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. 1D strives to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, so you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant; (ii) you will not provide a Rating or Review for any Merchant for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant; (iv) any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Rating or Review will comply with the terms of this Agreement. Ratings and Reviews are not endorsed by 1D and do not represent the views of 1D or its affiliates. 1D shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.
7.3 Feedback.You represent and warrant that you have all rights necessary to submit any suggestions, ideas, and/or proposals to 1D through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) and you hereby grant to 1D a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback. You agree that any submission of Feedback is at your own risk and that 1D has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.
You electronically agree to accept and receive communications from 1D, Contractors, or third parties providing services to 1D including via email, text message, calls, and push notifications to the cellular telephone number you provided to 1D by creating a 1D account. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of 1D, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from 1D, you must reply “STOP” from the mobile device receiving the messages. For the avoidance of doubt, delivery text messages between you and Contractors are transactional text messages, not promotional text messages.
9. E-Sign Disclosure and Consent
By creating a 1D account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing 1D at [email protected] with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive electronic records and communications will be effective only after we have a reasonable period of time to process your withdrawal.
To view and retain a copy of this disclosure, you will need (i) an up-to-date device or devices (e.g., computer, tablet, mobile phone, etc.) suitable for connecting to the Internet with a web browser and (ii) either a printer or electronic storage capacity on such device. For a free paper copy, or to update our records of your contact information, email 1D at [email protected] with contact information and your mailing address.
10. Intellectual Property Ownership
1D names, 1D logos, and the product names associated with the Software and Services are trademarks of 1D or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services. 1D alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by 1D.
11. Payment Terms
11.1 Prices & Charges. You understand that: (a) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold; (b) 1D has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) 1D reserves the right to change such prices at any time, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in- store totals. In those situations, 1D reserves the right to charge your payment method the final price after checkout. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on 1D’s income). If the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, 1D reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by 1D or its payments processor, using the preferred payment method designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file to help prevent any interruption to your Use of the Services. If you would like to use a different payment method or if there is a change in payment method, please update your billing information accordingly.
11.2 Promotional Offers.1D, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by 1D; (iii) are subject to the specific terms that 1D establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in 1D’s Terms and Conditions for Promotional Offers and Credits. 1D reserves the right to withhold or deduct credits or benefits obtained through a promotion if 1D determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. 1D reserves the right to modify or cancel an offer at any time.
11.3 No Refunds.Charges paid by you for completed and delivered orders are final and non-refundable. 1D has no obligation to provide refunds or credits, but may grant them, in each case in 1D’s sole discretion.
11.4 Fees for Services.1D may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees. 1D may also charge merchants fees on orders that you place through the Services, including commissions and other fees, and may change those merchant fees as we deem necessary or appropriate for our business or to comply with applicable law.
12. Dispute Resolution.
12.1This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding 1D or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with 1D as a User of our Services will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) you or 1D may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). IF YOU AGREE TO ARBITRATION WITH 1D, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS ACTION CLAIMS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST 1D IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
12.2You and 1D agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and 1D therefore agree that, before either you or 1D demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement.. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. To notify 1D that you intend to initiate an informal dispute resolution conference, email [email protected] , providing your name, telephone number associated with your 1D account (if any), the email address associated with your 1D account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
12.3This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12.2. If this notice is being sent to 1D, it must be sent by email to the counsel who represented 1D in the informal dispute resolution process, or if there was no such counsel then by mail to 780 Hollister St. Unit 10, San Diego CA 92154-1333, USA. The arbitration will be conducted by the arbitral forum selected by the parties pursuant to the terms of this Agreement. Arbitration demands filed must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to the arbitration rules of the elected arbitral forum. Payment of all filing, administration, and arbitration fees will be governed by such arbitral forum rules. If the elected arbitral institution. is not available to arbitrate, the parties will mutually select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.
12.4The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and 1D. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and 1D.
12.5YOU AND 1D WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and 1D are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 12.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
12.6YOU AND 1D AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor 1D is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 20. This provision does not prevent you or 1D from participating in a class-wide settlement of claims.
12.7This Arbitration Agreement will survive any termination of your relationship with 1D.
12.8Notwithstanding any provision in the Agreement to the contrary, we agree that if 1D makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to 1D.
13. Third-Party Interactions.
13.1You acknowledge and agree that the availability of the Software and the Services is dependent on the third party from which you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and 1D and not with the App Store. 1D, not the App Store, is solely responsible for the Software and the Services, including the mobile application(s), the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Software and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Software or the Services. You agree to comply with, and your license to use the Software and the Services is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Software or the Services. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
13.2The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, 1D will not warn you that you have left 1D’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of 1D. 1D is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. 1D does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
14. International Users
The Services are controlled, operated and administered by 1D from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services accessed through 1D website or Apps in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
15. Transactions Involving Alcohol
You may have the option to request delivery of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you are 21 years of age or older. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Contractor delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that neither 1D nor the Contractor can accept your order of alcohol products, and the order will only be delivered if the Merchant accepts your order. The Contractor reserves the right to refuse delivery if you are not 21 years old, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Contractor is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee.
You agree to indemnify and hold harmless 1D and its officers, directors, employees, agents, affiliates and third parties (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. 1D reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 1D in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
17. Liability Disclaimer
1D DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 1D SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL 1D BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 1D HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT. 1D MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR SERVICES, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE AND SERVICES.
18. Internet Limitations
19. Breach And Limitation of Liability
19.1You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Software and Services simple and efficient, and costs low, for all Users.
19.2TO THE FULLEST EXTENT PERMITTED BY LAW, 1D’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO 1D IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and 1D agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Diego County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
If you violate this Agreement, 1D may, at its sole discretion, modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition, 1D may respond based on several factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition to suspending or terminating your access to the Software or the Service, 1D reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
22.1This Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
22.2No partnership, joint venture, employment, or agency relationship exists between you, 1D or any third-party provider because of this Agreement or use of the Software or Services.
22.3Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
22.4In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112Sacramento, CA 95834, or by telephone at (800) 952-5210.
22.5The following applies to any Software accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”): (1) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (2) You acknowledge and agree that (i) the Agreement is concluded between you and 1D only, and not Apple, and (ii) 1D, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. (3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between 1D and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of 1D. (4) You and 1D acknowledge that, as between 1D and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) You and 1D acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between 1D and Apple, 1D, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. (6) You and 1D acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. (7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
22.6Where 1D requires that you provide an e-mail address, you are responsible for providing 1D with your most current e-mail address. If the last e-mail address you provided to 1D is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, 1D’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to 1D through the following e-mail address [email protected] Such notice shall be deemed given on the next business day after such e-mail is actually received by 1D.
22.7This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 1D without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
22.8You agree to keep your contact information, including email address, current. For contractual purposes, you (1) consent to receive communications from 1D in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 1D provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
22.9This Agreement is the complete, final and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, unless otherwise stipulated therein, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and 1D relating to your work as an employee or independent contractor.
23. Contact Information
1D welcomes your questions or comments regarding the Terms: Great Foods2go, Inc. DBA 1Delivery 780 Hollister St. Unit 10, San Diego CA 92154-1333, USA Email Address: [email protected] Telephone number: Effective as of [*]
In this article
2. Policies and Additional Terms
3. Amendments or Modifications
4. No Unlawful or Prohibited Use
6. Independence of Contractors and Merchants
7. User Content / Ratings and Reviews / Feedback
9. E-Sign Disclosure and Consent
10. Intellectual Property Ownership
15. Transactions Involving Alcohol
19. Breach And Limitation of Liability