TERMS OF SERVICE
Last updated March 3, 2019.
Information we collect and receive
We collect different kinds of information. Some of it is personally identifiable, and some is non-identifying or aggregated.
Here are the types of information we collect or receive:
- Account and profile information. Optional information you can enter into your profile includes information such as your location.
- Log data. When you use us, our servers automatically record information, including information that your mobile device sends whenever you’re using it. This log data may include your Internet Protocol address, your browser type and settings, the date and time of your request, information about your browser configuration and plug-ins, language preferences, and cookie data. Log data does not contain personally identifiable data and is not routinely deleted.
- Geo-location information. Precise GPS from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location.
- Service usage information. This is information about which restaurant, features, redemptions you interact with within our service and what integrations with related services you use.
- Information from partners or other 3rd parties. We may receive information from partners or others that we could use to make our own information better or more useful. This might be aggregate level information about which IP addresses go with which zip codes or it might be more specific information about how well an online marketing or email campaign performed.
Other cookies are not tied to your account but are unique and allow us to do site analytics and customization, among other things. We set and access our own cookies on our company-owned domains. In addition, we use 3rd parties like Google Analytics for website analytics. You may opt-out of third party cookies on their respective websites.
How we use your information
We use your information for the following:
- Providing the service. We use information you provide to authenticate you and deliver content and services to you.
- Understanding and improving our products. To make the product better we have to understand how users are using it. We have a fair bit of data about usage and we intend to use it in many different ways to improve our products, including research. This policy is not intended to place any limits on what we do with usage data that is aggregated or de-identified so it is no longer tied to a specific user.
- Investigating and preventing abuse from happening. We work hard to keep our service secure and to prevent abuse and fraud.
- In providing services to you, we may use third party service providers, such as payment processing, website hosting, data analysis, IT services, customer service, email delivery services, targeted advertising and marketing, and other similar services.
- As needed to fulfill your order (e.g., to our restaurant partners to allow them to fulfill your order).
- Restaurants and brands from which you have placed orders through the Sites as well as their affiliates and third party service providers. These restaurants, brands, and their affiliates, may use your information as permitted by their own privacy policies, which could include sending you marketing communications and other promotional content.
Communicating with you:
- Solving your problems and responding to your requests. If you contact us with a problem or question, we will use your information to respond to that request and address your problems or concerns.
- In-product communications. We may use the information you provide to contact you through our service using In-App push notification or other in-product messaging tools.
- Email messages. We may send you service and administrative emails. We may also contact you to inform you about changes in our services, or our service offerings. These messages are considered part of the service and you may not opt-out of them. In addition, we sometimes send emails to users about new product features or other news about us. You can opt-out of these at any time.
3rd Party Tracking and Online Advertising
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies, and other third party services to collect information about your use of our Sites over time so that they may play or display ads on our Sites, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research. To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative's ("NAI") online resources, available at http://www.networkadvertising.org/choices, and/or the Digital Advertising Alliance's ("DAA") resources, available at http://www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note, however, that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Sites. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI's online resources at http://www.networkadvertising.org/choices.
You may review, correct, and/or update certain elements of your Personal Information by signing in to your account on our Sites and adjusting your preferences. However, neither we nor our third party service providers are responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have previously shared your Personal Information.
We take reasonable steps to protect information you provide to us as part of your use of the service from loss, misuse, and unauthorized access or disclosure. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no electronic or email transmission or digital storage mechanism is ever fully secure or error free.
We are not directed to anyone under 18. If you learn that a minor child has provided us with personal information without your consent, please contact us at the email address on the bottom of this page.
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use us after those changes are in effect, you agree to the revised policy. If the changes are material, we may optionally provide more prominent notice or seek your consent to the new policy.
TERMS OF SERVICE
Last updated March 3, 2019.
We may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and at our sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date. If you do not agree to any amended Terms, you must stop using the Site.
The various services we provide through the Site (collectively,“Services”) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
We connect Users to local restaurants for delivery and pickup orders. You may order food through the Sites to be delivered from particular restaurants or similar food purveyors. We are not a restaurant or food preparation entity. The restaurants and other food purveyors available on our Sites (collectively, the “restaurants”) operate independently of us. The restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. We are not liable or responsible for the restaurants' food preparation or safety and do not verify their compliance with all applicable laws. We do not guarantee the quality of what the restaurants or other food purveyors sell, nor guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third party delivery service. We do not independently verify, and are not liable for, representations made by restaurants regarding their food, including, without limitation, any menu or restaurant-level descriptors or disclosures.
2. User Data; Account Security
If you register for an account on the Site, you agree to:
- provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”);
- create and hold one account
- maintain the security of your password and other credentials;
- maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
- accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.
You are responsible for all activity on your Site account. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage Casaide may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately at firstname.lastname@example.org.
By accessing the Sites, you agree:
- to comply with all applicable laws in connection with your use of the Sites, including, without limitation, laws regarding online conduct and submission of acceptable User Content;
- not to use the Sites or the services or submit content to the Sites if you are under the age of 13;
- not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your or the recipient’s age at the time of alcohol delivery;
- not to access the Sites or services using a third party's account/registration without the express consent of the account - holder and not to attempt to impersonate another user or person;
- not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system, and/or network of ours and not to otherwise use the Sites or services in any manner that could damage, disable, overburden, and/or impair our servers, and/or interfere with any other party's use and enjoyment of the Sites;
- not to advertise to, or solicit, any user, restaurant, or other business to buy or sell any products or services, or use any information obtained from the Sites or our services in order to contact, solicit, or advertise or sell to any user, restaurant, or other business
- not to deep-link or frame to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites
- not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Site or Materials;
- not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites;
- not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (including, without limitation, by email or instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any User Content (as defined below) or from any portion of the Sites;
- not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including, without limitation, those of our restaurant partners);
- not to use the Sites for any illegal purposes or in any way otherwise inconsistent with any and all applicable laws, rules, and regulations. You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of User Content or Materials from the Sites or other violations of the foregoing proscriptions 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 or activity without the need to prove damages.
Content You Provide
We may provide you with interactive opportunities (i) on the Sites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants, user profiles and pictures, as well as (ii) through other communications with you, including, without limitation, through text (“SMS”) messages (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to us through the Sites or otherwise in connection with your use of our services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“User Content”). User Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via the Sites, SMS or MMS message, or otherwise.
Use of Your Content
You grant us an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use User Content in connection with our or its partners’ or affiliates’ business and in all forms of media now known or hereafter invented (collectively, the “Uses”) without notification to and/or approval by you. Further, if you provide any suggestions, input, or other feedback relating to the Sites or the services we provide (collectively, the “Feedback”), we shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant us a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose.
User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Sites, including, without limitation, in a compilation format, and as such will be publicly visible and accessible. You further understand and agree that you may be exposed to third party User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We and our, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your User Content, or for any damages you allege to incur as a result of or relating to any third party User Content.
Conduct within Interactive Areas
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Sites. You agree not to provide any User Content that:
- is unlawful, false, misleading, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; has a commercial, political, or religious purpose;
- infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Sites;
- is intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Sites or other websites. We reserve the right, in our sole discretion, to change, delete or remove, in part or in full, any such User Content or Materials that does not follow these rules.
Ratings and Reviews
The Sites and other Interactive Areas may allow you to rate (“Ratings”) and post reviews (“Reviews”) of restaurants and other businesses. Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are not endorsed by us, and do not represent our views. We do not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services, or conduct; and (4) your review must otherwise comply with the terms of this Agreement.
3. Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages.
Certain features of the Sites, including, without limitation, the placing of orders, may require you to make certain payments. When paid by you, these payments are final and non-refundable. Furthermore, these payments go directly to our partner restaurants, as facilitated by our service. As such, any refunds occur on a case-by-case basis and are handled by the restaurant. We will charge, and you authorize us to charge, the payment method you specify at the time of purchase. 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 may also make promotional offers with different features and different rates to any or all of our customers.
5. Links To Other Sites
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6. Copyright and License
With the exception of User Content, the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to Casaide. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Sites and/or the Materials for your personal and noncommercial use.
7. Warranty Disclaimer
The Site, the Content and the Services available on the Site are provided to you on an “as is”, “as available” basis without representations, warranties, conditions or guarantees from us of any kind, either express or implied. We expressly disclaim all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that Content or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the Site, the Content, the Services or any portion thereof. You are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the Site, the Content or the Services.
While we attempt to make your access to and use of the Site safe, we do not represent or warrant that the Site, the Content or any Services are free of viruses or other harmful components as a result of malicious attacks from third party.
8. Limitation Of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against us, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site, the Content and the Services entirely at your own risk.
Without limitation of the foregoing, neither Casaide Inc. nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of goodwill, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Services or the Content, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Site or the Content or any Services; (ii) any third party claims that the use by you of the Content, the Site or any of the Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site, the Services or the Content, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to us or any other Released Party’s records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Site, whether through blogs, the Services or otherwise, or persons that you meet through the Site; or (v) any other matters relating to this Site, any User Submissions, the Content or the Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.
In no event shall the aggregate liability of Casaide Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site, the Content or the Services during the three (3) months prior to the date of any claim.
You shall fully defend, indemnify and hold harmless us and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
9. Applicable Law And Venue
You and Casaide Inc. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Delaware and the federal laws of United States applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to:
these Terms; the Site, the Services or Content; oral or written statements, advertisements or promotions relating to these Terms or to the Site; or the relationships that result from these Terms, the Site, the Services, or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Casaide Inc related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. If you have a Claim, you should give written notice to arbitrate at the address 447 Broadway Fl2 New York, NY 10013. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
10. Termination/Modification Of License And Site Offerings
Notwithstanding any provision of these Terms, we reserve the right, without notice and in its sole discretion, without any notice or liability to you, to:
- terminate your license to use the Site, or any portion thereof;
- block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
- change, suspend or discontinue any aspect of the Site, the Services or Content; and
- impose limits on the Site, the Services or Content.
11. Termination Of Terms
We may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time.
12. Electronic Contracting And Notice
Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and us regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and us regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
14. Questions And Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at: