Terms of Service
Your User Agreement
Welcome to Lunchdrop, Inc. ("Lunchdrop"). This User Agreement ("User Agreement") describes the terms and conditions on which Lunchdrop offers you access to the Lunchdrop.com website, including www.Lunchdrop.com services and tools. By using the Lunchdrop Sites (as defined below) and any Lunchdrop Services (as defined below), you agree to the following terms with Lunchdrop and the general principles for the website. If you reside outside of the United States, you are contracting with Lunchdrop, a Texas limited liability company.
This User Agreement is effective on July 1st, 2014, for current users, and upon acceptance for new users. Lunchdrop may change or modify the terms contained in this User Agreement at any time by posting the amended terms on the Lunchdrop Sites. Your continued use of the Lunchdrop Site and Lunchdrop Services following the posting of such amended terms will constitute your acceptance of such amended terms. If you do not agree with any changes to this User Agreement, do not continue to use the Lunchdrop Site or Lunchdrop Services.
To use the Lunchdrop Services, you must read and accept all of the terms in, and linked to, this User Agreement and the Lunchdrop Privacy Policy.
User hereby agrees that User Agreements transmitted and agreed to via electronic methods are to be treated as original Agreements and are subject to the terms and conditions in this document.
1. Eligibility
Before using the Lunchdrop Site or Service you must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the terms and policies linked to this User Agreement. You may use the Lunchdrop Sites or Lunchdrop Services to make purchases only if you are able to form legally binding Agreements, are of at least 18 years of age, and are not temporarily or indefinitely suspended from using the Lunchdrop Site or Lunchdrop Services.
To register on any Lunchdrop Site and/or utilize any Lunchdrop Services, you must provide your real name and email address, and if applicable, your company name, address, and phone number. Information you submit will be used in accordance with Lunchdrop’s Privacy Policy. You agree to keep all such information current and promptly notify us of any changes. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Lunchdrop Site and/or Services within such country; (b) you have all requisite right, power and authority to enter into this User Agreement, on behalf of yourself and the business you represent, and perform your obligations hereunder;
To protect all users of the Lunchdrop Sites and Lunchdrop Services, Lunchdrop reserves the right, at its sole discretion, to require additional identifying information prior to granting eligibility.
2. General Usage
You acknowledge and are aware that we may establish limits concerning the use of the Lunchdrop Sites and Lunchdrop Services and have the right at any time to modify or discontinue your usage of the Lunchdrop Sites and/or Lunchdrop Services (or any part thereof) without notice to you, and that Lunchdrop shall not be liable to you or any third party for any modification, restriction, suspension or discontinuance of the Sites or Services. Removal of a user account will result if we reasonably believe that the individual is creating a problem, could cause legal liabilities, has failed to pay applicable balances, or the payment method on file has declined or has not been updated in a timely fashion.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from Lunchdrop, including profile information, purchase history, favorites, viewed may be marked as deleted in Lunchdrop's databases and may be removed from any public area of the Lunchdrop Sites. Information that is deleted may continue to be available for some period of time because of delays in propagating such deletion through Lunchdrop’s web servers.
You are responsible for maintaining the confidentiality of your account access information and passwords, as applicable. You may not share your password or other account access information with any other party (other than third parties authorized by you to use your account in accordance with this User Agreement), temporarily or permanently, and you shall be responsible for all uses of your Lunchdrop Site registrations and passwords, whether or not authorized by you. You agree to immediately notify Lunchdrop of any unauthorized use of your employer account, Profile, passwords or passwords, as the case may be. By choosing to provide Lunchdrop with a password or any other piece of information as part of our security procedures, you agree to treat such information as confidential. If your password is compromised, you must immediately notify us at support@lunchdrop.com and change your password (as applicable).
3. Use of Lunchdrop Content
Lunchdrop authorizes you to view and access a single copy of the content available on or from the Lunchdrop Sites solely for your personal use. The contents of the Lunchdrop Sites such as text, graphics, images, logos, button icons, software and other Lunchdrop content (collectively, "Lunchdrop Content"), are protected under both United States and foreign copyright, trademark and other laws. All Lunchdrop Content is the property of Lunchdrop or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Lunchdrop Sites is the exclusive property of Lunchdrop and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Lunchdrop Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Lunchdrop Content on any authorized copy you make of the Lunchdrop Content.
You agree not to sell or modify the Lunchdrop Content or reproduce, display, publicly perform, distribute, or otherwise use the Lunchdrop Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Lunchdrop Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Lunchdrop or its licensors, that dilutes the strength of Lunchdrop's or its licensor’s property, or that otherwise infringes Lunchdrop's or its licensor’s intellectual property rights. You further agree to in no other way misuse Lunchdrop Content that appears on the Lunchdrop Sites. The use of the Lunchdrop Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Lunchdrop creates to generate or display any Lunchdrop Content or the pages making up any Lunchdrop Site is also protected by Lunchdrop's copyright and you may not copy or adapt such code.
4. Order Terms
From time to time, Lunchdrop offers pickup services for select offices from specifically designated restaurants. Depending upon restaurant capacity and availability, you may submit orders through the Lunchdrop site prior to the displayed cut off time. You may cancel any order prior to the order's cut off time, in which case your credit card will not be charged. All orders submitted and not cancelled prior to the order’s cut off time will be charged in full for the agreed upon price. Charges paid by you are final and non-refundable, unless otherwise determined by Lunchdrop.
5. Site Restrictions
Users may not use any Lunchdrop Site and/or Services in order to transmit, post, distribute, store or destroy material, including without limitation, Lunchdrop Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any Lunchdrop Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Lunchdrop Site, overloading, "flooding","spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
In order to ensure a safe and effective experience for all of our customers, Lunchdrop reserves the right to limit the amount of data (including page views) that may be accessed by you in any given time period. These limits may be amended in Lunchdrop’s sole discretion from time to time.
While using the Lunchdrop Sites or Services, you will not: (a) circumvent or manipulate our fee structure, the billing process, or fees owed to us; (b) distribute viruses or any other technologies that may harm us, or the interests or property of Lunchdrop Users; (c) harvest or otherwise collect information about Users, including email addresses, without their consent; or (d) distribute or post spam or unsolicited email advertisements or communications.
6. Disclaimer of Responsibility for Material
Lunchdrop does not represent or warrant that any content or information accessible via the Lunchdrop Sites is accurate, complete, reliable, or current including pricing, menus, hours of operations, delivery times, or ingredients. Menu content including, but not limited to, prices, descriptions, ingredients and restaurant information are subject to change without notice. Lunchdrop assumes no responsibility or liability for any errors or omissions in the content of the Lunchdrop Sites. Lunchdrop does not include a markup on menu items although discrepancies in menu pricing may occur. In case of discrepancies, Lunchdrop reserves the right, without obligation, to charge or refund a User within 72 hours to the correct adjusted amount. Lunchdrop discloses applicable charges for using its services. Lunchdrop may provide and charge for delivery.
Lunchdrop neither prepares nor warrants the food delivered. Lunchdrop does not verify claims by restaurants in regards to preparation standards or allergens, such as food being nut-free, kosher, or organic. If you or anyone else who will be consuming any item from a meal that has any food allergies or specific preparation requirements, you are strongly advised to not use Lunchdrop. By using Lunchdrop, you agree that you understand Lunchdrop is not responsible for any statements or omissions concerning the products contained in your lunch.
Lunchdrop may also contract with a third-party delivery system, in which case Lunchdrop assumes no liability for delivery services.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Lunchdrop BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Lunchdrop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Lunchdrop SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Lunchdrop SITES OR SERVICES, FROM INABILITY TO USE THE Lunchdrop SITES OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Lunchdrop SITES OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Lunchdrop SITES OR SERVICES OR ANY LINKS ON THE Lunchdrop SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Lunchdrop SITES OR SERVICES OR ANY LINKS ON THE LUNHCDROP SITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, ANY Lunchdrop SITE OR SERVICE OR YOUR USE OF THE Lunchdrop CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED AT ANY TIME THE LESSER OF (1)THE TOTAL AMOUNTS DURING THE PRIOR THREE MONTH PERIOD PAID BY YOU TO LUNCHROP IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM OR (2) $100.
8. Disclaimer of Warranty
Lunchdrop DOES NOT WARRANT THAT ANY Lunchdrop SITE WILL OPERATE ERRORFREE OR THAT ANY Lunchdrop SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY Lunchdrop SITE OR THE Lunchdrop CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Lunchdrop IS NOT RESPONSIBLE FOR THOSE COSTS. THE Lunchdrop SITES AND Lunchdrop CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Lunchdrop, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. Lunchdrop MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Lunchdrop CONTENT, USER CONTENT, THIRD PARTY CONENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
9. Indemnity
You agree to defend, indemnify, and hold harmless Lunchdrop, its officers, subsidiaries, members, successors, assigns, directors, officers, agents, and employees from and against any claims, actions or demands, including without limitation reasonable attorney fees, court costs, legal and accounting fees, alleging or resulting from anyone in connection with your use of the site or third party use of the site arising out of (i) any User Content or other material you provide to any Lunchdrop Site, (ii) your use of any Lunchdrop Content, (iii) your breach of the terms of these Terms, or (iv) any other acts or omissions related to Lunchdrop Sites.
10. Severability
If any provision of this User Agreement 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, which shall continue to be binding to the maximum extent allowed by law.
11. No Oral Modification
This User Agreement cannot be changed or terminated orally, and none of the terms hereof shall be deemed to be waived or modified except by an express agreement in writing signed by the party against whom such waiver or modification is sought to be enforced. These Terms constitute a binding agreement between you and Lunchdrop, and is accepted by you upon your use of a Lunchdrop Site.
12. Legal Notices/Information
12.1 Governing Law. This Agreement and the relationship between you and Lunchdrop shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into. You agree that any claim or dispute you may have against Lunchdrop must be resolved exclusively by a state or federal court located in Travis County, Texas. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
12.2 Time Period for Initiating a Proceeding. You agree that any cause of action arising out of or related to this Agreement or your access to or use of our Site, Services, or tools must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12.3 Dispute Resolution. If a dispute arises between you and Lunchdrop, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Lunchdrop agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.
- Law and Forum for Disputes You agree that any Claim or dispute either party may have against the other must be resolved exclusively by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties in writing or as described in the Arbitration Option paragraph below. Both parties agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such Claims or disputes.
- Arbitration Option For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding nonappearancebased arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or solely based on written submissions, the specific manner (telephone, online and/or by written submission) shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims All Claims you bring against Lunchdrop must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to the Dispute Resolution Section, Lunchdrop may recover attorneys' fees and costs up to $1000, provided that Lunchdrop has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim
13. General
13.1 No Waiver. The failure of Lunchdrop to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
13.2 Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
13.3 Contact. For purposes of providing notice of cancellation or termination, contact us at support@lunchdrop.com or Lunchdrop, Inc. 2028 E. Ben White Blvd. #240-2600, Austin, TX 78741