Terms and Conditions
February 9th 2018
Thank you for visiting our site! We are very grateful you are here! We look forward to delivering your food to you.
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
ABOUT CATSKILL FOOD DELIVERY
Catskill Food Delivery provides an online technology platform that connects hungry diners with local takeout restaurants (together, the "Platform"). Through the Platform, diners may order food to be delivered to them from particular restaurants in cities throughout the United States and other territories where Catskill Food Delivery provides such services. Catskill Food Delivery is not a restaurant or food preparation entity.
The restaurants available on our Sites operate independently and have entered into agreements with us to provide the food and delivery services available to you on the Sites. 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 food preparation and safety and menu disclosure; Catskill Food Delivery is not responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition, Catskill Food Delivery does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including in those cases where the restaurant provides the delivery services. In addition, Catskill Food Delivery does not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures.
Some deliveries are provided by Catskill Food Delivery's network of independent delivery service providers. Independant delivery service providers have entered into agreements with Catskill Food Delivery, which require Independant delivery service providers to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. Catskill Food Delivery shall not be liable or responsible for any delivery services provided by Independant delivery service providers or any errors or misrepresentations made by them.
USING CATSKILL FOOD DELIVERY
You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites. Notwithstanding the foregoing, you are prohibited from using the Sites if you are under the age of 13. If you are using the Sites on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
Use of the Sites to order requires that you register and/or create an account ("Account"). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, including having an invalid or expired payment method on file, or Catskill Food Delivery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Catskill Food Delivery has the right to block your current or future use of the Sites (or any portion thereof) and/or terminate this Agreement with you.
You acknowledge that if Catskill Food Delivery advances payment for certain of your orders placed via the Platform on your behalf, Catskill Food Delivery shall separately send you invoices for payment of those advances. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant Catskill Food Delivery the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law.
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Catskill Food Delivery of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Catskill Food Delivery will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
OUR 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 acknowledge 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. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
OUR CREDIT POLICY
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
YOUR CONTENT AND CONDUCT
1. User ConductBy accessing the Sites, you agree:
- to comply with all applicable 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 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;
- 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 connected to any Catskill Food Delivery server;
- not to attempt to impersonate another user or person;
- not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Catskill Food Delivery;
- not to deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites, unless Catskill Food Delivery has given you specific permission to do so in writing;
- not to conduct any kind of systematic retrieval of data or other content from the Sites;
- not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
- not to use the Sites in any manner that could damage, disable, overburden and/or impair any Catskill Food Delivery server, or the network(s) connected to any Catskill Food Delivery server, and/or interfere with any other party's use and enjoyment of the Sites;
- not to transmit any chain letters or junk email;
- ot to use any information obtained from the Sites or the Catskill Food Delivery services in order to contact, advertise to, solicit, or sell to any user or restaurant;
- not to sell or transfer your profile;
- not to use the Sites to engage in commercial activities apart from sanctioned use of Catskill Food Delivery services;
- not to use the Sites as part of an effort to compete with Catskill Food Delivery, the Sites, or the Catskill Food Delivery services;
- not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
- not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service;
- 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 copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
- not to harass, annoy, intimidate or threaten any Catskill Food Delivery employees or agents engaged in providing any portion of Catskill Food Delivery's services;
- not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or Catskill Food Delivery's services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Sites or Catskill Food Delivery's services;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- 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 those of our restaurant partners); and
- not to use the Sites for any illegal purposes.
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 Catskill Food Delivery will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
2. 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. We do our best to encourage civility and discourage disruptive communication on the Sites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
- is unlawful, 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;
- is false, misleading and/or not written in good faith;
- infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
- is illegal and/or promotes illegal activity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
- is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Sites or other websites.
Catskill Food Delivery may monitor any and all use of the Sites; however, we are under no obligation to do so. We may manage the Sites in a manner intended to protect our property and rights and to facilitate the proper functioning of the Sites. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Sites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Sites. Catskill Food Delivery will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.
COMMUNICATIONS & TEXT MESSAGES
By voluntarily providing your cell phone number to Catskill Food Delivery, you agree that Catskill Food Delivery may contact you by telephone, text (SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from Catskill Food Delivery at any time. To revoke your consent to receiving SMS or MMS messages from Catskill Food Delivery, please follow the unsubscribe procedures described below.
Diners placing orders through the Sites may receive messages from Catskill Food Delivery about each order. To unsubscribe from order-related text messages, just reply to the message by texting "STOP" to the number sending the message using the phone number that is receiving the message. To resubscribe, text "START" to the same number. If you need assistance, text "HELP".
Additionally, diners may receive text messages from Catskill Food Delivery following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback texts by texting "STOP" to number. To resubscribe, text "START" to number. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Catskill Food Delivery, the restaurant, or your delivery person regarding your order or its delivery unless you also text "STOP" to to the number sending the order-related messages, and even in such event, you may still receive individual texts from your delivery person to enable successful delivery of your order.
If you unsubscribe from receiving text messages from Catskill Food Delivery through the process described above, you may continue to receive text messages for a short period while Catskill Food Delivery processes your request(s). If you change or deactivate the phone number you provided to Catskill Food Delivery, you must update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please call our Customer Care team at 1-518-288-5305.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CATSKILL FOOD DELIVERY DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CATSKILL FOOD DELIVERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT CATSKILL FOOD DELIVERY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. THIS EXCLUSION IS ENFORCEABLE IN NEW JERSEY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CATSKILL FOOD DELIVERY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF CATSKILL FOOD DELIVERY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. CATSKILL FOOD DELIVERY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. CATSKILL FOOD DELIVERY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CATSKILL FOOD DELIVERY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO CATSKILL FOOD DELIVERY OR A CATSKILL FOOD DELIVERY'S RESTAURANT, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY.
THIRD PARTY LINKS
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). Catskill Food Delivery does not review, monitor, operate and/or control the Third Party Websites and Catskill Food Delivery makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Catskill Food Delivery is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Catskill Food Delivery reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Sites is subject to any and all additional terms, policies, rules or guidelines applicable to Catskill Food Delivery's services or certain features of the Sites that we may post or link to on the Sites (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Sites. All such Additional Terms are hereby incorporated into this Agreement by reference.
TERMINATION AND VIOLATIONS OF THE AGREEMENT
This Agreement is effective until terminated by you or Catskill Food Delivery as described below. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provisions of this Agreement. Further, Catskill Food Delivery reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address. You may terminate this Agreement at any time by closing your account and ceasing use of the services provided herein.
Catskill Food Delivery also reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the "Terms and Conditions" tab ("Updated Terms"). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
- Arbitration Rules 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 atwww.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process 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 https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased and a separate affidavit for waiver of fees for California residents only at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTG_004304&RevisionSelectionMethod=LatestReleased.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute 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 ProcedureUnless you and Catskill Food Delivery 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 documents you and Catskill Food Delivery 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.
- Arbitrator's DecisionThe 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 damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the 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. Catskill Food Delivery will not seek, and hereby waives all rights Catskill Food Delivery may have under applicable law to recover attorneys' fees and expenses if Catskill Food Delivery prevails in arbitration.
- Fees 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 $25,000, Catskill Food Delivery 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)).
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
WAIVER AND SEVERABILITY
Any waiver by Catskill Food Delivery of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.