USER PRIVACY STATEMENT
Effective Date: July 25, 2016
Real Meal Delivery collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. If you reside in the United States, the Services are provided by Tapat Labs, Inc. and its U.S. affiliates (collectively “Real Meal Delivery.”), and this Privacy Statement applies to information collected and used by Real Meal Delivery.
Scope and Application
This Privacy Statement (“Statement") applies to persons anywhere in the world who use our apps or Services to request transportation, delivery, or other on-demand services (“Users”). This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, request delivery services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
Information We Collect Through Your Use of Our Services
When you use our Services, we collect information about you in the following general categories:
Location Information: When you use the Services for delivery, we collect precise location data about the services from the Real Meal Delivery website or app. If you permit the Real Meal Delivery app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
Address Information: When you use the Services for delivery, we may ask that you provide us personal information, such as your first and last name, delivery address (including zip code), billing address (including zip code), email address, employer, job title and department, telephone and mobile phone numbers, and other personal identifying information. When ordering products or services on the Real Meal Delivery website or app, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Contacts Information: If you permit the Real Meal Delivery website or app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
Call and SMS Data: Our Services facilitate communications between Users and Contractors. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
Important Information About Platform Permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Real Meal Delivery app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Real Meal Delivery app seeks before you first use the app, and your use of the app constitutes your consent.
Information We Collect From Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example:
If you choose to link, create, or log in to your Real Meal Delivery account with a payment provider (e.g., Paypal, Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
If you sign in to your account through a social platform (e.g., Facebook, Google +), we may receive information about you or your connections from that site or app.
Use of Information
We may use the information we collect about you to:
Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Contractors, develop safety features, authenticate users, and send product updates and administrative messages;
Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
Send or facilitate communications (i) between you and a Contractor, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, or ETA sharing;
Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Real Meal Delivery and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
Through Our Services
We may share your information:
With Contractors to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), and delivery locations with Contractors;
With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
With the general public if you submit content in a public forum, such as reviews, blog comments, social media posts, or other features of our Services that are viewable by the general public; and
With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.
Other Important Sharing
We may share your information:
With Real Meal Delivery subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Real Meal Delivery or others;
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
If we otherwise notify you and you consent to the sharing; and
In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
Real Meal Delivery will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this may limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your location information from a Contractor’s device nor our ability to derive approximate location from your IP address.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not currently provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Cookies and Advertising
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Nonpersonally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
Changes to the Statement
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
If you have any questions about this Privacy Statement, please contact us at firstname.lastname@example.org or write us at Tapat Labs, Inc.., Attn: Legal, 3338 Peachtree Rd NE, #2407, Atlanta, GA 30326.
Effective Date: July 25, 2016
Agreement to Terms
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Real Meal Delivery. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Real Meal Delivery may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on Realmealdelivery.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Real Meal Delivery may amend the Terms related to the Services from time to time. Amendments will be effective upon Real Meal Delivery’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Who May Use the Services
You may use the Services only if you are at least 18 years old and capable of forming a binding contract with Real Meal Delivery and are not barred from using the Services under applicable law. If you’re under 18 years old, you may not use any of our Services.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this on our Site, in our App, or through your account with certain third-party social networking services, such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, so you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them, so please keep your password secret and secure. If you believe your Account has been compromised and need assistance resetting your password, please contact us at email@example.com
We want to keep all our users safe and happy, so we reserve the right, in our sole discretion, to disable, suspend, cancel, or delete any Account for any reason, or to refuse any user access to any of our Services, if we think doing so will help keep things safe and enjoyable for everybody.
We provide a platform through which users can buy prepared meals and food items (the “Prepared Meals”). Prepared Meals are referred to collectively in these Terms as “Meals.”
Real Meal Delivery’s purchase offering may vary from time to time. Purchase options may include, but are not limited to, purchasing Prepared Meals at fixed prices on a one off basis, signing up for one of the memberships or subscriptions that we may make available from time to time and our membership program for Prepared Meals at a discounted price (“Membership Program”).
For more information on our Meals and Programs, you can visit our FAQs Page. Our Meal delivery services are not currently available in all areas, so please visit our Delivery Areas page to see in which ways Real Meal Delivery may be available in your area.
Please understand that you use our Services at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, contractors and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services.
We make a conscientious effort to describe and display every Meal and the anticipated contents on our Site and in our App. All our Meals are handcrafted and thoughtfully planned by our excellent chefs, however, occasionally a Meal you receive won’t look or taste exactly as it was described or depicted to you due to availability or market conditions beyond our control. You understand that this is normal, and you agree to accept such a Meal, regardless of reasonable variation from its description or depiction. We can’t and don’t guarantee the accuracy or completeness of any description or depiction of any Meal. We reserve the right to change or update any such description or depiction, to substitute specific meal ingredients and to correct errors, inaccuracies, or omissions at any time without giving you notice.
If you have a complaint or dispute concerning a Meal you’ve purchased through our Services, please contact us, and we’ll try to fix the problem in the manner we deem appropriate, in our discretion.
When you purchase a Meal through any of our Services (such purchase, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
All sales are final.
If something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order we’ll refund any payment you may already have remitted to us.
Real Meal Delivery Membership Programs.
By entering into these Terms, you acknowledge that the Real Meal Delivery Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership or subscription by you or Real or Meal Delivery. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Memberships and subscriptions continue until cancelled by you, the particular Real Meal Delivery Program is cancelled by us or we terminate access to or use of the Services in accordance with these Terms.
Membership Program Fees.
You must become a member of Real Meal Delivery in order to purchase Meals. If you are not already a Member, you will be automatically enrolled in a “Free Trial” membership when you complete your first purchase. If you do not cancel your enrollment in our Membership Program prior to the end of your free trial period, you will pay a recurring monthly or annual membership fee (“Membership Fee”), as applicable. The Membership Fee (plus any applicable taxes, delivery fees and other charges) will be charged to your payment method at the beginning of the paying portion of your membership and each month or year thereafter at the then current rate depending on the type of Membership Program you have selected. We automatically charge your payment method each month or year, as applicable, on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we may charge your payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. If you wish to cancel your membership in the Membership Program, you can email us at firstname.lastname@example.org and follow any instructions, if any, we provide to you in response to your cancellation request. Without limiting any other terms of these Terms, you may cancel your membership in the Membership Program at any time. If you cancel, you can continue to enjoy the benefits of the Membership Program through the end of your billing period.
Prepared Meal Fees.
You will be charged the applicable fees for any Prepared Meal orders that you place as part of your Membership Program (each a “Prepared Meal Fee”); the Prepared Meal Fee is in addition to the Membership Fee described above.
The Prepared Meal Fee (plus any applicable taxes, delivery fees and other charges) will be charged to your payment method in the 24 hour period prior to the delivery time scheduled for the order. As noted above All Sales are Final and orders for individual Prepared Meals cannot be cancelled.
Cancellation of a Real Meal Delivery Membership Program.
To cancel your enrollment in a Real Meal Delivery Program you can either (i) email us at email@example.com and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings within the Website or App. AS STATED ABOVE, ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEES PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD OR ANY PREPARED MEAL FEES INCURRED PRIOR TO THE TIME OF CANCELLATION. You will be responsible for all Membership Fees and any applicable Meal Order Fees (plus any applicable taxes, delivery fees and other charges) incurred before the effective date of your cancellation.
Real Meal Delivery may offer free trials of Real Meal Delivery Membership Programs for a specified period time. If we offer you a free trial, the specific terms of your free trial will be provided at registration and/or in the promotional materials describing the trial. Free trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the free trial offer, free trial memberships or subscriptions are only available to users who have not previously participated in the Real Meal Program in connection with which the trial is being offered. Unless you cancel your membership or subscription prior to the end of your trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the applicable fee (plus any applicable taxes, delivery fees and other charges) on a monthly basis until you cancel your membership or subscription. Instructions for cancellations are stated above under the Section titled “Cancellation of a Real Meal Delivery Membership Program”. You may or may not receive a notice from us that your free trial has ended or that the paid portion of the applicable membership or subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
We can’t guarantee that every Meal will arrive exactly within the timeframe we give you when you initiate a Transaction. In particular, in the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Meal, we will attempt to deliver your Meal as soon as reasonably possible. In the event that timely delivery of your Meal is not feasible, we will cancel your Meal delivery for the period so affected and issue you a credit or refund of the purchase price for that Meal. If a Meal arrives early or late, you agree that you will still accept the Meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery.
We welcome feedback, comments, and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
Content Ownership, Responsibility, and Removal
We don’t claim any ownership rights in any Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual-property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying our Services or any Content.
Your Rights in Our Content
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of our Services and solely for your personal and non-commercial purposes.
General Prohibitions and Our Enforcement Rights
You agree not to do any of the following:
Use, display, mirror, or frame (i) our Site or App or any individual element within our Site, Services, or App; (ii) Real Meal Delivery’s name or any Real Meal Delivery trademark, logo, or other proprietary information; (iii) the layout and design of any page or form contained on a page without Real Meal Delivery’s express written consent;
Access, tamper with, or use non-public areas of the Site or App, Real Meal Delivery’s computer systems, or the technical delivery systems of Real Meal Delivery’s providers;
Attempt to probe, scan, or test the vulnerability of any Real Meal Delivery system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Real Meal Delivery or any of Real Meal Delivery’s providers or any other third party (including another user) to protect the Site, App, Services, or any of their Content;
Attempt to access or search the Site, App, Services, or any of their Content or download any Content from them through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data-mining tools, and the like) other than the software or search agents provided by us or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Real Meal Delivery trademark, logo URL, or product name without our express written consent;
Use the Site, App, Services, or any of their Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting or in any way use the Site, App, Services, or any of their Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, Services, or any of their Content;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, App, or Services;
Collect or store any personally identifiable information from the Site, App, or Services from any other user without the user’s express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We’re not responsible for the availability of outside websites or resources linked from our Site or our App. We don’t endorse and aren’t responsible or liable for any content, advertisements, products, or other materials on or available from such websites or resources. You understand and agree that we won’t be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of our App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy our App, except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.
If you access or download our App from the Apple Store, then you agree to use the App only (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software) and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded our App from any app store or distribution platform (such as the Apple Store, Google Play, and the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and us, and not with App Provider, and, as between Real Meal Delivery and the App Provider, Real Meal Delivery is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Real Meal Delivery.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual-property rights, Real Meal Delivery will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary.
You must comply with all applicable third-party terms of service when using the App.
You will comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations, and you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country. You are not listed on any U.S. Government list of prohibited or restricted parties.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation, or cancellation of Services or your Account, the following Terms will survive: content ownership, warranty disclaimers, limitations of liability, and dispute resolution.
THE SERVICES AND MEALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Real Meal Delivery and our officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.
Limitation of Liability
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MEALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONSUMPTION OF MEALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY MEALS YOU HAVE RECEIVED EXCEED THE AMOUNTS YOU HAVE PAID TO REAL MEAL DELIVERY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
These Terms and any action related to them will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or regular mail at 3338 Peachtree Rd Ne #2407
Atlanta, GA 30326 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the section, above, concerning changes to these Terms or to the Services, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Real Meal Delivery.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and we in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between you and us regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Services and Content. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) by us via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at email@example.com.
The services hereunder are offered by Tapat Labs, Inc., located at 3338 Peachtree Rd Ne #2407. Atlanta, GA 30326