Last Updated: April 1, 2019
This App is operated by Palatable, Inc., a Delaware Corporation, (hereinafter “Palatable”). These terms and conditions (“Terms”) govern your access to the Palatable Mobile Application (the “App”)
The term “you”, “your” or “User(s)” shall refer to any entity or person that accesses, views, uses our App, and/or starts an account with us. The terms “we,” “our”, “us” shall refer to Palatable.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The App is offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the App may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the App constitutes your agreement to all such Terms. You must be eighteen (18) years or over in order to use the App and its services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE APP, CONSUMMATING A FINANCIAL TRANSACTION VIA THE APP OR COMMUNICATING WITH USERS THROUGH THE APP, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP.
USE OF OUR APP
Palatable is a platform in which you can get food delivered from your favorite restaurants according to your particulate palate. Palatable allows Users to search and filter restaurants in their area by diet, allergens and type of cuisine. Participating restaurants publish their menu items, as well as curated and specials and Users may place an order for delivery by the restaurant, for pick-up or through the Palatable Dine-In/Self-Serve feature (where available).
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the App, you will need to have an Account with us. By creating an account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. In creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
ACCESS TO THE APP
We shall use commercially reasonable efforts to ensure the availability of the App, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet service provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
Use of the App is limited to the permitted uses expressly authorized by us. The App shall not be used in any way that:
The placing of orders through the App, may require you to make certain payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by Palatable. Palatable, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
We will charge, and you authorize us to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we 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 reserve the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services or goods obtained through the use of the App at any time. We may also, in our sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.
Each restaurant provides all information in regards to their menu items, including without limitation all information related to ingredients and allergen. We cannot verify the accuracy of such information posted on the App and are not responsible for verifying or monitoring the information provided. Your reliance on any such information is at your sole discretion. If you have a serious food allergy you should contact the restaurant directly for any question regarding menu items and/or ingredients or refrain from using the App. PALATABLE IS NOT RESPONSIBLE FOR ANY ISSUES RESULTING FROM ANY FOOD ALLERGIES. In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment.
WAIVER AND RELEASE OF LIABILITY
You hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of the consumption of any foods to which you may have an physical injury or allergic reaction to, and do hereby release and forever discharge Palatable, Inc., their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, burns, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result such physical injury or allergic reaction to any menu item offered through the App. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE PALATABLE, INC., AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PALATABLE, INC. FOR PERSONAL INJURY OR DEATH.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these Terms. As a condition of your use of the App, you warrant to us that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
All content included as part of the App, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of Palatable or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Our content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Palatable and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Palatable or our licensors except as expressly authorized by these Terms.
Digital Millennium Copyright Act
We claim no ownership rights in any content or image submitted to it by its contributors, posters, and commenters. We are committed to complying with U.S. copyright law and expects all who access our site and Service to do the same. In compliance with the United States Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304 (“DMCA”) https://www.copyright.gov/legislation/dmca.pdf, upon receipt of a valid legal notice alleging that copyright infringement is occurring, Palatable will remove the offending material and provide the contributor or poster with a copy of the notice of copyright infringement. The material shall remain removed from our App until the contributor or poster has provided the designated agent a complying Counter Notification. Upon receipt of the valid Counter Notification, the law requires us to submit a copy of the Counter Notification to the complaining party with notice that Palatable will replace or re-enable access to the allegedly infringing material in ten (10) business days. Then, 10 to 14 business days after receiving the Counter Notification, we will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified Palatable’s designated agent that a court action relating to the materials in question has been filed in order to stop the alleged copyright infringement. If you believe that any materials posted on the Palatable App is violating your rights under U.S. copyright law, you may file a complaint thereof with Palatable’s designated agent in the manner described below. By Email: email@example.com
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Palatable, or the App or the services provided through the App (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Palatable. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES
The App may contain links to other brands or services ("Linked Website"). The Linked Websites are not under the control of Palatable and we are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the App, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Palatable of the services or any association with its operators. Certain services made available through the App are delivered by third parties and organizations. By using any product, service or functionality originating from the App, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of Palatable and customers.
INTERACTIONS WITH OTHER USERS
We cannot and do not verify the identity of Users of the App or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other Users with whom you interact when using the App. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information Users may submit to the App. You are solely responsible for your interactions with other Users of the App. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the App and that you give to other Users of the App.
You are discouraged from publicly posting your telephone number or street address on the App. Information posted to the App by other Users of the App may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other Users with whom you come in contact through the App.
LIMITATIONS OF LIABILITY
By using the App, you agree that Palatable and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, App providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized to access the App; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; technical or human error which may occur in the administration of the services available through the App; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the App.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALATABLE OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE APP, THE APP OR THE USE OF ANY SERVICES PROVIDED BY PALATABLE OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PALATABLE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE APP EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY PALATABLE.
You agree to indemnify, defend and hold harmless Palatable, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the App may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PALATABLE, THE APP AND THE INFORMATION CONTAINED ON THE APP AND/OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PALATABLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE APP AND INFORMATION CONTAINED THEREIN. PALATABLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the App or the App, or by anyone who may be informed of any of its contents.
TERMINATION OR MODIFICATION OF SERVICE
We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the App at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including Accounts that, in our sole judgment, appear to be malicious or unlawful. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the App is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the App, except as required by law. No specified update or refresh date applied in the App, should be taken to indicate that all information in the App has been modified or updated.
PALATABLE DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE APP OR ANY CONTENT OR INFORMATION THAT IS AVAILABLE, ADVERTISED OR SOLD THROUGH THE APP ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP.
Using the App or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Palatable on an individual basis in arbitration, as set forth in this Arbitration section. This will preclude you from bringing any class, collective, or representative action against Palatable, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Palatable by someone else.
You and Palatable agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the App at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Palatable, and not in a court of law.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Section evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section or the enforcement thereof, then that issue shall be resolved under the laws of the state of New Jersey.
The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Section shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state and/or federal courts in the State of New Jersey for purposes of any legal action arising out of or related to the use of the App, the App or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, United States of America, without regard to New Jersey’s conflict of laws rules. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the App and/or the App are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP OF THE PARTIES
The Parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel, and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other Party in any manner.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
We shall be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Palatable.
These Terms constitute the entire agreement between you and us relating to your access to and use of the App. The App is controlled and operated from within the United States. Without limiting anything else, we make no representation that the App, information or other materials available on, in, or through the App are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our App from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of Palatable to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms.
No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
We welcome your questions or comments regarding these Terms:
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