Terms of user

Welcome to our, Order Here’s (Gianna LLC doing business as “Order Here”), service. We provide food delivery services within a certain geographic area. As part of the Services, we may deliver you food, drinks, containers, utensils, and other items which may accompany your order (collectively, “food”). Please carefully review our service area to assure you are within our service range before placing an order using our service.

By accessing Order Here’s service, whether through a mobile device, mobile application, computer, tablet, or otherwise (collectively, the “Site”) or using the services, features, content, applications or food offered or provided by Order Here (together with the Site, “Services”), you agree to be bound by these Terms of Use (this “Agreement”) whether or not you create an account with Order Here(“us,” “our,” “we,”). This Agreement applies to any use of the Services by visitors, customers, or any other parties. This Agreement is a legally binding contract and you must accept its terms to use the Services.

You should also read Order Here’s Privacy Policy, which is incorporated by reference into this Agreement and available for you to view through the Site. This Agreement also includes any other terms we disclose(d) and which you agree(d) to upon the purchase or acceptance of additional features, products or services we offer with the Services, such as terms governing features, billing, free trials, discounts and promotions. If you do not accept and agree to be bound by all of the terms of this Agreement, including our Privacy Policy and other such terms, you may not use the Services.

You represent and warrant that you are of legal age to form a binding contract. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that organization or entity).

We reserve the right at any time, with or without cause, to change the terms and conditions of this Agreement or change our Services, including eliminating or discontinuing any content, services or other feature of our platform. Any changes we make will be effective immediately upon our making such changes available on our website, elsewhere in our Services, or otherwise providing notice thereof. You agree that your continued use of the Services will constitute your agreement to be bound by the changed Agreement.

Please contact us with any questions regarding this Agreement.

1. Authority

By using our Site, you represent and agree that you are at least 13 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 13. We do not collect personal information from any person we know to be under the age of 13. If you are under the age of 13, you are not permitted to disclose or send to us any personal information. Use of the Services is void where prohibited by law, and if applicable law in your jurisdiction requires a greater age than 13 to utilize our Services, then such age shall replace “13” in this section and elsewhere on this Agreement, the Privacy Policy, and any other terms or agreements between you and Order Here.

Furthermore, if you are ordering food through the Service, you represent and warrant that you have the authority to make purchases using the payment method being utilized for the order. Once you make an account, or input information for a payment method, your information may be saved on your device or any other device you use the Services on. It is solely your responsibility to safeguard your account information and assure there is no unauthorized use of your account. However, the previous sentence does not apply if the theft of your account or payment information results from a breach on our part. Please see the Privacy Policy for more information.

2. General Payment Terms

We offer food delivery services, When you place an order with us, we transmit that order to the appropriate restaurant and deliver you the food in exchange for a fee. Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. Below is our delivery and service fee structure

We charge a 5% to 10% service fee (calculated after tax) with a minimum of $2.00 and a $2.99 for delivery fee . We also charge commission to restaurants in some cases, and in those cases we will not charge you a service fee. Please note that you will be responsible for all data, text, and any other charges incurred by you through your use of the Service.

All fees are in U.S. Dollars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.

Order Here, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within two (2) days after the delivery was completed. Order Here may change the delivery or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time.

Order Here will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Order Here reserves the right to determine final prevailing pricing. (Please note the pricing information published on the website may not reflect the prevailing pricing. For example, if the pricing is higher on our Site then at the location whose food you are ordering, you agree that you are not entitled to a refund.) Order Here, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Service at any time as we deem necessary for our business. We encourage you to check our website periodically to learn more about how we charge for the Service.

 

2.1 Subscription Service

Order Here Prime Unlimited is a monthly subscription service. If you choose to sign up for Order Here Prime Unlimited, your “Subscription Billing Date” is the date when you purchase your first subscription to the Service.

Your account will be charged automatically for the $39.99 monthly subscription fee one month after your Subscription Billing Date, and each month after that for all applicable fees for the next subscription period. The subscription will continue until you cancel your subscription or we terminate it.

You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. If you cancel your subscription, you will be able to use your Unlimited services for the remainder of the month in which you cancelled. We will bill the monthly subscription fee to the payment method you provided during registration (or to a different payment method if you change your account information).

You may cancel your subscription service at any time in your account settings or by contacting us at info@orderhere.com.

WE DO NOT COOK THE FOOD, PACKAGE IT, OR TAKE ANY OTHER ACTION WITH RESPECT TO THE FOOD ASIDE FROM TRANSMITTING YOUR ORDER AND DELIVERING THE FOOD. This means that we have no responsibility whatsoever for the quality of the food, any damages stemming from the food (i.e. food poisoning, foreign objects, etc..). You agree to indemnify and hold harmless Order Here from any claims against us stemming from any act other than the delivery of the food and transmittal of an order. You agree not to hold us liable for the actions of, or for the food of, any restaurant or other establishment from which you order, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

You will be required to make an account to order food, but you may be allowed to order food as a guest. In either case, you must provide accurate information, including your name, address, credit card number or other payment information, and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

For your convenience, when you place your first order, we will save your payment information and use it for all future orders, unless you notify us online or by email to info@orderhere.com. We accept the following payment methods at this time: Credit and Debit Cards (American Express, VISA, MasterCard and Discover Card), Apple Pay and cash at delivery (if order amount is less than $30.00). We may use third party services like “STRIPE” to process your credit/debit card payments.

In the case of Subscriptions, we will bill you at monthly or other intervals depending on the terms of the particular plan you purchase.

Please note that the food, may contain allergens or substances which you may not react well to. Neither Order Here, the restaurants from whom the food is obtained, nor any other third party are responsible for adverse reactions to food that is not caused by the use of substances dangerous to the general population. It is your responsibility to do your research and determine what food you can or cannot safely eat, drink, or use. If a food does not have a list of ingredients we recommend you do not risk using it. By purchasing food you understand that you may receive food that may not be safe for you, and accept the attendant risks and agree that you will not be entitled to a refund for such food. For example, if you are allergic to peanuts it is your responsibility to make sure a food does not have peanuts before you order or eat it. This paragraph in no way constrains the limitation on Order Here’s liabilities or exposure contained elsewhere in this Agreement.

 

3. Permitted Use of the Services and Information

All Services, as well as any information provided on, by, through or in connection with the Services, otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, trademarks, intellectual property, contact information, links and references (collectively, the “Information“), are provided for use in accordance with this Agreement. You have no right to any such Information, or other Order Here materials or property and agree to comply with all notices and requirements accompanying third-party Information. You may not, nor may you authorize any third party to, without the written consent of Order Here, copy, reproduce, display, republish, download, post, digitize, translate, modify, transmit, distribute or commercially exploit in any way, any Order Here Information or other Order Here property except as expressly permitted herein. You agree to advise Order Here promptly of any such unauthorized use of which you are aware.

Order Here permits you to reasonably view, print, and display Order Here Information in a manner otherwise consistent with this Agreement; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Order Here, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Order Here. Information may not be posted on another website or used for any commercial purposes.

With regard to third-party Information, such as Information of third-parties providing Goods, the above permissions do not apply and such Information may not be utilized in any manner accept in accordance with applicable law or with the permission of the owner of such Information and as laid out in the section regarding Content posted by you and other users below.

4. Instant Delivery Menu; Delivery of the Food; Notifications

We also offer an Instant Delivery Menu. We team up with local restaurants to offer some of their most popular items on demand. These items can be prepared and delivered to you in much shorter timeframes. For this Instant Delivery orders you will be required to be pick up curbside (outside your building, structure, compound, gate, etc…).

While we do our best to provide you with an estimated time for delivery, and with quick service, we can not make any guarantees. By providing us with an address for delivering the food, you represent that we are authorized to deliver to such locations and accept the risk that food may be opened or otherwise tampered with by unauthorized parties. Please note that the successful delivery of food depends on your provision of accurate information and necessary instructions.

You will be responsible for paying for all food upon placing the order with us. If delivery fails and you believe you are entitled to a refund you may contact us at info@orderhere.com or through other means provided within the Site.

We will utilize your personal information to provide you with notifications in the form of text messages and/or emails. You may disable these notifications by disabling your account or through other means we may provide on the Site.

5. Content

You are solely responsible for the content and information that you post, upload, or otherwise place or cause to be placed on the Services (“post”), including but not limited to photos or comments, messages, ideas or feedback, reviews or ratings, other text, photos, audio/visual works, and content or information (collectively, “Content“). You may not post on the Services, or transmit to Order Here or any other user, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from any associated account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Services and grant the licenses set forth below.

You understand and agree that Order Here may, but is not obligated to, monitor or review any Content you post on the Services. Order Here may delete any Content, in whole or in part, that in the sole judgment of Order Here violates this Agreement or may harm the reputation of the Services or Order Here. Such Content may also be suspended if reported by other users.

In addition to the types of Content described in this Section above, the following is a partial list of the kind of Content that is prohibited on the Services. You may not post, upload, display or otherwise make available Content that:

  1. that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. advocates harassment or intimidation of another person;
  3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
  4. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  5. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  6. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  9. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  10. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  11. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  12. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  13. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  14. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  15. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  16. Order Here reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Services and terminating or suspending the account of such violators.

Your use of the Services, including all Content you post on the Services, must comply with all applicable laws and regulations. You agree that Order Here may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of Order Here or any other person.You agree that any Content you place on the Services may be viewed by other users and may be viewed by any person visiting or using the Services.

6. Rights to your Content

By posting or providing any Content on the Services, you represent and warrant to Order Here that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement.

Your use of the Services is voluntary and you agree that any Content you post may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, a license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. Except that, in the case of such Content representing the food or services of restaurants authorized on our Services, no party may use such Content to suggest or in any way imply or represent that they offer similar food or services, nor may we use such Content for any purpose other than advertising our Services or our business, or allowing users of our Services to browse and/or order food from your establishment.

You further agree that we may, subject to the restrictions in the previous paragraph, use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit, abridge, remove, or refuse to post any Content. We have no obligation to delete Content that you personally may find objectionable or offensive.

7. Prohibited Activities

Order Here reserves the right to investigate, suspend and/or terminate your account if you have misused the Services or behaved in a way Order Here regards as inappropriate or unlawful.The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:

  1. impersonate any person or entity.
  2. post any Content that is prohibited by the Section 5 on the Services.
  3. stalk” or otherwise harass any person.
  4. express or imply that any statements you make are endorsed by Order Here without our specific prior written consent.
  5. use the Services in an illegal manner or to commit an illegal act;
  6. access the Services in a jurisdiction in which it is illegal or unauthorized;
  7. ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
  8. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
  9. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services.
  10. interfere with or disrupt the Services or the servers or networks connected to the Services.
  11. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service(either directly or indirectly through use of third party software).
  13. frame” or “mirror” any part of the Services, without Order Here’s prior written authorization.
  14. use meta tags or code or other devices containing any reference to Order Here or the Services(or any trademark, trade name, service mark, logo or slogan of Order Here) to direct any person to any other website for any purpose.
  15. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services any software used on or for the Services, or cause others to do so.
  16. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Services in accordance with this Agreement.
  17. use the Services for any commercial purpose.

8. Cancellations and Refunds

You may cancel your monthly subscription at any time, but such cancellation shall only be effective as of the end of the month term during which the cancellation is undertaken.

No refunds are offered on subscriptions or deliveries absent special circumstances. Such special circumstances may include faulty deliveries.

If you would like to request a refund please contact us at info@orderhere.com.

Please note that because part of our role is merely facilitating a transaction between you and the establishment from which you order food, in certain cases the policies of said establishment may also apply.

9. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Services(and such description must be reasonably sufficient to enable Order Here to find the alleged infringing material, such as a url);
  4. your address, telephone number and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the our Copyright Agent at info@orderhere.com or the following address:

Copyright Agent

c/o Order Here Legal

115 San Polo Ct, Victoria, TX 77904

We will terminate the accounts of repeat infringers.

10. Governing Law; Dispute and Resolution

This Agreement and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas.

The Order Here team will provide assistance to try to resolve any disputes involving our Services. We urge you to contact us at info@orderhere.com, or by mail at

Order Here

115 San Polo Ct, Victoria, TX 77904

 

So that you and Order Here can come to a mutually acceptable arrangement regarding any dispute.

In the event we can not resolve the situation between ourselves, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court located in the County of Victoria in the State of Texas. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Order Here any class action, class arbitration, or other representative action or proceeding.

By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Order Here (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Order Here (except for small-claims court actions) may be commenced only in the federal or state courts located in the County of _Victoria in the State of Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and Order Here, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act..

11. Ratings and Reviews

Ratings and reviews and opinions or testimonials posted by users about food or restaurants do not represent the opinions or views or representations of Order Here. We disclaim any and all representations related to any and all ratings, reviews and opinions or testimonials posted on the Services. Order Here does not assume any liability or responsibility for any review, opinion, or testimonial, or for any damages, losses, or claims resulting from such.

12. Representations and Warranties.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ORDER HERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ORDER HERE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY FOOD REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ORDER HERE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF FOOD. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY FOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

ORDER HERE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ORDER HERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR (ii) YOUR INABILITY TO ACCESS OR USE THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Order Here SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT OF MONEY PAID FOR THE FOOD OR SERVICES SUBJECT TO DISPUTE.

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THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 12 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

13. Indemnity.

You agree to defend, indemnify and hold harmless Order Here, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

a. Your use of and access to the Services.

b. Your violation of any term of this Agreement or any other agreement governing your relationship with Order Here or with another user of this Services.

c. Your violation of any third party right, including without limitation any copyright, contract, property, or privacy right;

d. Any claim that one of your actions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

e. Any claim against you by another user of the Services, or against Order Here stemming from such user’s interaction with you, to the extent such action does not involve wrongdoing by Order Here.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

14. Third Party Links.

We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.

Additionally, users may be able to post third party links through content submitted to our Services. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.

15. Severability.

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Order Here shall have the sole right to elect which provision remains in force.

16. Non-Waiver.

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

17. Termination and Cancellation.

We may terminate or suspend the site or your account or any other provision of Services or subscriptions for the delivery of food to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your account with us, you are solely responsible for properly cancelling your account. Cancellation may result in the immediate deletion of any content that you have submitted to the Services and Order Here. 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.

18. Assignment.

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

19.Alcohol delivery Terms and Conditions .

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE. By completing a purchase through our mobile app, the account User agrees that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages. All deliveries of alcoholic beverages MUST be signed for by an individual capable of proving he or she is 21 years of age or older. The order signee must provide a valid form of photo identification at time of delivery and our Delivery driver will take picture of your photo identification and your identification will be stored in our database. Alcoholic beverages cannot be dropped off or left unattended for any reason. If no person at the delivery address is at least 21 years of age and/or cannot provide valid photo identification of his or her age, then our driver will not deliver the alcohol and then the one time non return $10 service fee will be charged. The Delivery Agent reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons. ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of twenty-one years; or any visibly intoxicated person .