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Terms of Use

1. Terms

These Terms of Use (the “Terms”) is a legal agreement between You, the undersigned, (“You” or “Your”) and Mealeo Inc. (“Mealeo”). The Terms govern Your use of Mealeo’s website, software, mobile applications, resources, support and other related services (collectively, the “Platform”). The Terms incorporate by reference Mealeo’s Privacy Policy (https://www.mealeo.com/privacy).

By accessing or otherwise utilizing the Platform, You expressly acknowledge and agree to be bound by the Terms. If You do not agree to the Terms, in their entirety, please do not use the Platform.

Mealeo reserves the right to modify the Terms or its policies relating to the Platform any time, and You are responsible for regularly reviewing the Terms. Your continued access or use of the Service after posting updates to the Terms confirms Your consent to be bound by the Terms, as amended. If You use the Platform on behalf of an entity, company or organization You represent and warrant that You have the authority to bind that entity to the Terms, and Your acceptance of the Terms will be deemed an acceptance by that entity.

2. Purpose

3. Services

4. Use of the Platform

5. User Uploaded and Provider Content

Local Businesses are encouraged to maintain pricing of their items consistent across platforms but set their prices on the Platform at their sole discretion. You agree and understand that prices for menu items displayed on the Platform may not be the same offered or published by a Local Business for in-house customers or through other third-party websites, platforms or mobile applications. Additionally, if You have included special requests when ordering a menu item, the amount ultimately charged to You may be different than the total displayed during checkout. This ensures that the Local Business receives payment for special requests that have a cost associated with them. Mealeo reserves the right to determine final prevailing pricing of all menu items and fees when ordering through the Platform.

7. Payment Terms

8. Refer a Friend

Mealeo loves and appreciates You wanting to share Mealeo with Your friends, family, coworkers, roommates and unicorns. As always, offers and promotions come with some terms and conditions, so, for friends that You refer to receive free Mealeo Moolah, and for You to receive free Mealeo Moolah after they place their first delivery Order, the following criteria must be met: (i) referred friend must be a first time user/customer; (ii) referred friend must place a delivery Order; and (iii) subtotal of first delivery Order must be $15.00 or more. Refer A Friend code can be shared and used a maximum of 15 times. The Refer a Friend promotion will be run at the sole discretion of Mealeo and can be implemented, modified or removed at any time by Mealeo without advance notice.

9. Confidentiality

10. Cancelation of Order

You have the right to cancel an Order before a Local Business has received it for preparation. You can cancel an Order through Your Account. There will be no charges on Orders cancelled in accordance with this clause, any payment made prior to cancelling will be voided or credited back to the same payment method used when submitting the Order. If You cancel an Order after it has been started at a Local Business, the entire Order amount, including any applicable fees and surcharges will be charged to You. The Local Business, at its sole discretion reserves the right to determine whether an Order has been started or not.

11. Changing a Delivery Order to Pickup

You have the right to switch an Order from delivery to pick-up before a Delivery Provider has initiated its Services by commuting to the Local Business. You can switch an Order from delivery to pick-up in Your Account. You may not switch an Order from delivery to pick-up by contacting the Local Business or Mealeo. You will not be charged any delivery-related fees or gratuities in accordance with this clause, and payment made prior to switching the Order from delivery to pick-up will be voided or credited back to You in Mealeo Moolah or the same payment method used when submitting the Order. The Delivery Provider, at its sole discretion reserves the right to determine whether a Delivery Provider has begun commuting to the Local Business.

12. Customer Not Available

If You are not at the designated delivery location when the Delivery Provider arrives to deliver the Order, or You fail to pick up an Order from a Local Business, You may be charged for the entire Order amount, including any applicable fees and surcharges. Additionally, if the Delivery Provider arrives at the designated delivery location, attempts to contact You via telephone (text message or phone call) and You do not open the door or respond to their telephone correspondence within 5 minutes of reaching the designated delivery address, the Delivery Provider may leave the premises and You may be charged Your entire Order amount, including any applicable fees and surcharges. To avoid such outcome, take all steps necessary to ensure You are providing accurate addresses and a telephone number prior to finalizing the Order.

13. Customer Request for a Redelivery

If You are not at the designated delivery location when the Delivery Provider arrives to deliver the Order, the Delivery Provider will leave the premises and You may be charged for the entire Order amount, including any applicable fees and surcharges. If You request a Delivery Provider to redeliver an Order (as a result of You not being available at the delivery location on the Delivery Provider’s initial delivery attempt), You will be charged a redelivery fee.

14. Delivery Received Later Than Estimated Time

When placing an Order for delivery, the Platform issues a confirmation notice when the Order is received (the “Confirmation”) which includes an estimated time of delivery (the “Delivery Estimate”). While the goal is to ensure You receive the best delivery service possible, and that the Order is delivered in a timely fashion, unfortunately, things do not always go as planned and outside factors, including but not limited to weather conditions, traffic conditions, holidays, kitchen delays, and/or Delivery Provider availability, may prevent the Local Businesses and Delivery Providers from achieving Delivery Estimate. Any Order that arrives later than the Delivery Estimate, or for any other reason, will not be refunded or credited, and the entire amount of the Order, including any applicable fees and surcharges will be charged to You unless the Order is labeled as canceled in Your Account (a “Canceled Order”) prior to the delivery being attempted.

15. Customer Refusal of Delivery

When placing an Order for delivery, the Platform issues a Confirmation, when the order is received, which includes the Delivery Estimate. Customers may be charged for Orders that they refuse to accept unless the Platform has been updated to confirm the Order has been canceled. Mealeo will determine whether an Order is canceled, or not, in consultation with a Local Business and/or Delivery Provider.

16. Delivery of Alcohol Products

You may have the option to request delivery of alcohol products in some locations and from certain Local Businesses. If You place an Order in New York State that includes any alcoholic beverage, You represent and warrant that You are at least 21 years of age. Upon delivery or pickup, You shall present a valid government issued identification card, to the Local Business or Delivery Provider performing the Services, providing evidence of Your age. You also agree that Local Businesses and Delivery Providers may withhold or deny delivery of the alcoholic beverages if You appear intoxicated when receiving delivery of such products, or if You cannot provide a valid government issued ID, or if the name on Your ID does not match the name on the Order. A non-refundable re-stocking fee, as determined by the Local Business, in consultation with Mealeo may be charged should You be unable to adhere to this Section.

Delivery Providers must review and abide by the Alcohol Guidelines (https://www.mealeo.com/alcohol-delivery-guidelines) as required by applicable law.

17. Switching a Pickup Order to Delivery

Once a pickup Order is submitted, the only way to switch the Order to delivery is by requesting to cancel the pickup Order through Your Account. You may not switch an Order from pickup to delivery by contacting the Local Business. If You cancel an Order after it has been started at a Local Business, the entire Order amount, including any applicable fees and surcharges will be charged to You. Once You receive confirmation that the order is cancelled, You will need to place a new Order as a delivery Order. There will be no charges on Orders cancelled in accordance with this clause. Any payment for the original Order will be voided or credited back to You in Mealeo Moolah or the same payment method used when submitting the Order.

18. Events Outside Our Control

Customers, Local Businesses, Delivery Providers and Mealeo shall be held liable to the other for any delays or non-performance of its obligations under these terms arising from any cause beyond its control, including but not limited to: natural disaster, act of God, war, fire, flood, explosion, civil commotion or government action. Nothing in this clause shall excuse the Customer from any payment obligations under the Terms.

19. Disclaimer of Warranties

THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ADDITIONALLY, MEALEO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR SERVICES. MEALEO DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA. MEALEO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED; OR THAT THE SERVICES OR PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MEALEO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF PLATFORM, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Limitation of Liability

MEALEO AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). MEALEO AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APP, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF MEALEO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PLATFORM IS AN ONLINE MARKETPLACE THAT CONNECTS YOU, DELIVERY PROVIDERS AND LOCAL BUSINESSES. MEALEO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY CUSTOMER, LOCAL BUSINESS OR DELIVERY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A CUSTOMER, DELIVERY PROVIDER OR LOCAL BUSINESS RESTAURANTS. THE LEVEL OF QUALITY OF THE SERVICES THROUGH THE USE OF THE PLATFORM IS THE SOLE RESPONSIBILITY OF THE THIRD-PARTY CUSTOMER, LOCAL BUSINESS AND/OR DELIVERY PROVIDER. YOU ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE PLATFORM, FOOD ITEMS AND/OR MENU ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE QUESTIONABLE. YOU ACKNOWLEDGE THAT DELIVERY PROVIDERS PROVIDING TRANSPORTATION AND FULFILLMENT SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. MEALEO WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF ITEMS PROVIDED BY LOCAL BUSINESSES OF THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE MEALEO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO LOCAL BUSINESSES AND THE ITEMS THEY PROVIDE. MEALEO WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE MEALEO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM. IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

21. Notice

Mealeo may give notice by means of a general notice on the Platform, electronic mail to Your email address in Your Account, telephone or text message to any phone number provided in connection with Your Account, or by written communication sent by first class mail or pre-paid post to any address connected with Your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Mealeo, and such notice will be deemed given when received by Mealeo, at any time by first class mail or pre-paid post to Mealeo at 1033 Loudon Road Cohoes, New York 12047.

22. Assignment

You may not assign the Terms without the prior written approval of Mealeo, but may be assigned without Your consent by Mealeo to: (i) a parent, subsidiary or affiliate; (ii) an acquirer of Mealeo’s equity or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

23. General

No joint venture, partnership, employment, or agency relationship exists between You, Mealeo or any third party provider as a result of the Terms or use of the Platform. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Mealeo to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mealeo in writing. This Agreement comprises the entire agreement between You and Mealeo and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

24. Indemnity

You agree that You shall defend, indemnify and hold Mealeo, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Your violation or breach of any term of the Terms or any applicable law or regulation, whether or not referenced herein; (ii) Your violation of any rights of any third party, including those providing Services via the Platform, or (iii) Your use or misuse of the Platform.

25. Disputes

Mealeo is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between You and any other user, customer, Local Business, or Delivery Provider, or any other third party. Disputes between You and Mealeo are subject to this Section. You and Mealeo agree that the Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in the Terms.

With the aim of resolving any and all disputes between You and Mealeo in the fastest and most cost-efficient manner, You and Mealeo agree that every dispute arising in connection with the Terms, the Platform or Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms, will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award.

You hereby expressly acknowledge and agree that, by entering into the Terms, You and Mealeo are each waiving the right to go to court or to participate in a class or representative action. Additionally, unless both You and Mealeo 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.