San Jose, CA 95135
1. ACCEPTANCE OF TERMS
This User Agreement (“Agreement”) constitutes a legally binding agreement made between you personally (“you,”“your” or “user”), and Eappetit, Inc. and its affiliates (collectively “Eappetit”, “Us”, “Our” or “We”), regarding your use of Eappetit’s website or Eappetit’s mobile applications, and other media outlets, devices, software, or technologies available to Eappetit.
By registering for and/or using the website or Eappetit Services in any manner, including but not limited to visiting or browsing the websites and mobile applications, you agree to all of the terms and conditions contained herein ("Terms”) and conclude a legally binding contract with Eappetit, Inc., a California corporation headquartered in San Jose, California (“Eappetit”). By you accessing the Eappetit website (“Site”) and using or receiving any services offered to you by Eappetit (collectively, the “Service”), and installing, downloading or using supplied software, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You", "Your", or “User” refers to you, as any person accessing or using the Site and Service. "We,""Us," and "Our" refers to Eappetit.
"Content" includes, but is not limited to, images, photos, texts, audio, video, location data and all other forms of data and information. "Your Content", or "User Content" means content that you submit or transmit to upload, share or transmit to, through or in connection with the Site and Service, such as reviews, ratings, images, photos, messages, profile information, account information and any other materials that you publicly display or have displayed in your account profile. "Eappetit Content" means content that Eappetit creates and makes available in connection with the Site. "Third Party Content" means content that arrives from parties other than Eappetit or its users and is available on the Services.
3. ELIGIBILITY FOR USE
You must be at least 18 years of age to use and access the Site and Service of Eappetit. If you are a minor, generally under the age of 18, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site and Service. Eappetit may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time without notice or liability.
4. CHANGES TO THE TERMS
Eappetit may modify, change or update the Terms from time to time at its own discretion. You should revisit the Terms regularly to ensure compliance. You understand and agree that your continued use of the Site after any such changes in the Terms shall be deemed as your acceptance of the modifications without liability.
Eappetit may offer the Terms in languages besides English. If there are any disparities between the many versions, the English version of the Terms will overrule others.
6. EAPPETIT TERMS FOR SERVICES
A. You acknowledge and agree that the Sites and Services which Eappetit provides may require changes and that Eappetit reserves the right to suspend, cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice and without liability. Your continued use of the Site and Services following any such changes shall indicate your acknowledgement of such changes in the Site and Services. You may be required to install certain upgrades or updates to the software to continue using the Sites and Services.
B. You acknowledge and agree that you may be prohibited and/or terminated, in part or in whole, from accessing the Services, your account information, data and other content, which are contained in your account if Eappetit denies access to your account as deemed appropriate and at our sole discretion. You agree that Eappetit shall not be held liable for the termination or for any effect of the termination.
C. By accessing Eappetit’s Site or Services, you agree that the Content on these Sites and Services are the sole responsibility of the person(s) from which such Content originated. Eappetit disclaims any liability for any outdated information. Eappetit does not guarantee the accuracy of the users’ or restaurants' data, menu, services or its price. Unless stated otherwise, all data and images posted by the users and/or restaurants on our Site and Services are the property of Eappetit.
D. Eappetit may use GPS locator capabilities to identify current location data from the mobile phone number that the users provide. You hereby expressly authorize Eappetit to deliver text messages, discounts, updates and other promotions allowed by the GPS locator capabilities to coincide with special promotions or specials offered by you. You may opt out of the Eappetit GPS related features and services by providing written notice of such to Eappetit.
E. Eappetit is not a producer of food or beverages and does not control the Restaurants or the production of any food or beverages.
F. The Restaurants have entered into agreements with Eappetit to comply with federal, state and local laws, rules and regulations. Eappetit, including the Website and the Eappetit Service, does not in any way independently verify the credentials or representations of any of the Restaurants, their standards pertaining to food preparation, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
G. Eappetit does not in any way guarantee the quality of any Restaurant or any food or beverage. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Eappetit does not investigate or verify any such representations. Eappetit shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the Eappetit Service).
H. Eappetit reserves the right to charge fees, by giving reasonable prior notice, in respect to any product, service or any other aspect of this site.
7. ORDERING AND PAYMENT
When you place an order through the Service, you will be given a choice of either a Debit or Credit card payment option. We will ask for valid Debit or Credit account information, and the transaction will be processed and billed through our third party payment processor. Consequently, the name of the restaurant will be the name that appears on your Debit or Credit card statement, as applicable. However, Eappetit, including its app, website, and the Eappetit Service, is not and shall not in any manner be considered the seller of any of the food or beverages ordered.
8. REFUND POLICY
Once you place an order through the Service, preparation will begin immediately after your order has been confirmed. Generally, restaurants cannot accept cancellations once your order has been confirmed. However, advanced orders may be cancelled prior to the scheduled delivery time at the discretion of the restaurant. You should contact the restaurant to find out if your order is eligible for cancellation. Any refunds will be initiated and come directly from the restaurant, not Eappetit.
Eappetit takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact Eappetit and we will try to assist you.
9. USE OF SITE AND SERVICE
A. You must be at least 18 years of age to use and access the Site and Service of Eappetit. If you are a minor (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site and Service.
B. In order to use some of the features offered through the Sites and Services, you must create an account to take full advantage of all features and services offered by Eappetit. You are solely responsible for keeping your login credentials confidential in order to maintain the integrity of your account. You are also responsible for all activities in connection to your account. You agree to notify us immediately if you find unauthorized activity and use of your account. Eappetit reserves the right to suspend or close your account at any time for any or no reason.
C. In creating an account, you represent that your information is true, accurate and correct. You will also maintain the account with your most up-to-date information as necessary. You may not pose as someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
D. You shall not delete or change any material or information posted by any other user. You shall not engage in unsolicited spamming, emailing, posting or messaging.
A. You are solely responsible for your content ("Your Content") provided in the Site, including that which is viewable by other users of the Site and Services. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, truthfulness or reliability, or any disclosure by you of information in Your Content that allows others to identify you. You acknowledge and agree that Your Content is the sole responsibility of the user and in no way sponsored or endorsed by Eappetit.
B. Submission of Your Content hereby irrevocably grants us worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license and rights to use Your Content for any purpose. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights and attribution with respect to Your Content. By “use”, we mean use, copy, display, distribute, modify, translate, reformat, remove, analyze, commercialize, and create simulated works of Your Content.
C. You are the owner of Your Content and we are the owner of User Content and Eappetit Content. You agree and may not modify, reproduce, distribute, reformat, create imitative works, market in whole or in part of User or Eappetit Content without expressed authorization by Eappetit. User and Eappetit Content includes, but not limited to interactive features, visual interfaces, graphics, design, User Content computer code, and software. Unless granted in written form, Eappetit does not grant you expressed or implied right or license to the Services, User Content, Eappetit Content or IP Rights. Eappetit owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights worldwide. Eappetit is protected by copyright, trademark laws and all other applicable intellectual and proprietary rights and laws. Any violation by you may result in the immediate termination of your right to use the Site and Services, in addition to the potential liability for copyright and other IP Rights violation.
D. User Content does not necessarily reflect the opinion of Eappetit. We reserve the right to screen, edit, remove or reestablish User Content at our sole discretion for any reason or no reason, and without notice to you. We are not obligated to preserve or furnish you with copies of Your Content, nor do we guarantee any confidentiality in consideration of Your Content.
You agree not to, and will not accommodate, support, or enable others to:
A. Violate our Guidelines and Policies;
B. Violate the Terms;
C. Violate any third party’s rights, including, but not limited to, breach of confidence, copyright, trademark, patent, privacy right, trade secret, right of publicity, moral right, or any other intellectual property or proprietary rights;
D. Exploit the Site or Site Content by, but not limited to, the following: adapt, appropriate, modify, reproduce, publish distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or otherwise commercialize any rights to the Services or Our Content;
E. Remove, bypass, impair, damage or intervene with security-related features of the Site, or features that enforce limitations on use of the Site and Services;
F. Harass, harm, stalk, threaten, promote discrimination, or invade another’s privacy;
G. Engage in spams, bulk emails, surveys or other mass messaging which are commercial in nature or not;
H. Access the Site and computer systems, or networks without authorization by means of hacking, mining, or any other means;
I. Distribute computer viruses, worms, codes, files or programs that are of a destructive nature which interrupt, destroy, or limit the functionality of any computer software or computer hardware;
J. Use of any device or software that interferes with the proper feature functionality of the Site and its equipment connected to the Services;
K. Use of automated device, process or means to access or index any portion of the Site or Site Content;
L. Reverse engineer or disassemble any portion of the Site;
M. Extract or alter any trademark, copyright or other proprietary rights that present on the Site or any portion of the Site;
N. Solicit personal information from minors, or harm minors in any way;
O. Record, process or store personal information about other users;
P. Violate any federal, state, or local law or regulation.
You hereby agree that the Site and Services shall be used for lawful purposes only and that you will not violate any applicable laws, regulations and Terms. By using the Site or Services you are also expressly consenting to administrative monitoring at all times. Our System administrators may provide evidence of any violation of laws, regulations, or our Terms during such monitoring to appropriate law enforcement officials. If you do not consent to monitoring, you should exit this system and not use the Site or Services.
In addition to Eappetit’s various programs and promotions that we may present, as described on the Website and elsewhere, you may be eligible to earn “EAPPoints.” EAPPoints can be used only towards meals at participating establishments. EAPPoints cannot be exchanged for real currency or used outside the capacity of the Services. Eappetit has the right to regulate, modify, and/or terminate EAPPoints at its sole and absolute discretion at any time without notice or liability to you.
A separate terms and conditions policy regulating the usage of EAPPoints is available on our website at: www.eappetit.com/EAPPoint-Rewards-Program.
13. THIRD PARTIES
The Site may contain links to other websites, services or resources. You are accessing third party websites at your own risk. The third party websites are not under Eappetit’s control, and you acknowledge that Eappetit is not responsible or liable for the content, functions, accuracy, legality, opinions, appropriateness, privacy practices or any other aspect of such websites or resources. The links are provided solely as a convenience to you and the users, not as an endorsement by Eappetit of the content on such third-party sites. You acknowledge and agree that Eappetit shall have no responsibility or liability with third party sites. You should review the applicable terms and policies of third party sites
You agree to defend, indemnify, and hold Eappetit, its subsidiaries, affiliates, any related companies, and their respective directors, officers, employees, service providers, agents and representatives (collectively, “Eappetit”) harmless from and against any loss, damage, liability, claim, or demand, including costs, liabilities, legal fees and expenses, made by any party arising out of your use of the website, use of Eappetit Services, your violation of the Terms, any products or services purchased or obtained by you in connection with the Site, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Eappetit and you agree to cooperate with our defense of these claims. Eappetit will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. RECOMMENDATIONS AND SUGGESTIONS
By sharing with us or sending us ideas, suggestions, or changes, you agree that your contributions do not contain any confidential or proprietary information of third parties but your own; that Eappetit is under no obligation of confidentiality with respect to the suggestion; that Eappetit may already have similar suggestions in development or already in consideration; and that you grant us a non-exclusive, royalty-free, irrevocable, global license to use, modify, publish, distribute and sublicense the suggestion. In addition, you irrevocably waive, and cause to be waived, against Eappetit and its users any claims and assertions, of any nature, contained in such suggestion.
USE OF THE WEBSITE AND EAPPETIT SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND THAT THE COMPANY AND ITS ENTITIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EAPPETIT ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED SERVICE, SOFTWARE OR ANY CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE. EAPPETIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO USE OF OUR WEBSITE AND EAPPETIT SERVICES OR THE SOFTWARE, (3) UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, COMPUTER VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR [THROUGH THE WEBSITE BY ANY THIRD PARTY, (5) LOSS OF DATA OR CONTENT FROM THE WEBSITE AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THROUGH EAPPETIT SERVICES. ANY MATERIAL OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE AND OF THE SERVICES IS DONE AT YOUR DISCRETION AND RISK. EAPPETIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED THROUGH THE WEBSITE OR IN ANY ADVERTISING FORMS. EAPPETIT AND ITS AFFILIATES DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
17. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAPPETIT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATIONAL HARM, AND DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR EAPPETIT.
4620 Fortran Drive, Suite 102
San Jose, CA 95134