Effective: July 18, 2021
Welcome to Mealeo.com website (the “Site”) and our applications for your mobile device! We can’t wait to provide service to you, but first, please read these terms and conditions carefully before placing an order from our site. The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Mealeo (the “Company”). By accessing our site, downloading, installing or using any services supplied to you by the Company (collectively, the “Service”), or any associated application supplied by Mealeo on which a link to these Terms of Service is displayed which purpose is for you to use the Service (collectively, the “App”), you expressly acknowledge and agree to be bound by these terms and conditions. If you do not agree to these terms in their entirety, please do not use our service.
Mealeo reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or App at any time, and you are responsible for regularly reviewing this Agreement. Your continued access or use of the Service after posting updates to these Terms confirms your consent to be bound by the Terms as amended. If you use the Service on behalf of an entity, company or organization you represent and warrant that you have the authority to bind that entity to these Terms and Conditions, and your acceptance of these Terms will be deemed an acceptance by that entity.
The purpose of our Service is to connect you (the “Customer”) to the restaurants that we partner with (“Partner Restaurants”), and with independent contractor delivery partners (“Delivery Partners”), to view their menus, and place delivery or pickup orders from them through our Service. Mealeo acts as an agent on behalf of our Partner Restaurants when an order is delivered to you, or picked up by you to conclude the order you’ve placed. Once you have placed an order, it will be delivered to you by either Mealeo’s Delivery Partner or our Restaurant Partner (each a “Delivery”).
MEALEO DOES NOT GUARANTEE THE QUALITY OF WHAT PARTNER RESTAURANTS SELL AND DOES NOT INDEPENDENTLY VERIFY, AND IS NOT LIABLE FOR, REPRESENTATIONS MADE BY PARTNER RESTAURANTS RELATING TO THEIR PRODUCTS ON THE PLATFORM.
MEALEO DOES NOT PROVIDE DRIVERS, COURIERS OR TRANSPORTATION SERVICES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR (COLLECTIVELY THE “DELIVERY PARTNERS”) TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SITE, APP, SERVICE OR PLATFORM. DELIVERY PARTNERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, AGENTS, JOINT VENTURES OR FRANCHISEES OF MEALEO. DELIVERY PARTNERS HAVE ENTERED INTO INDEPENDENT CONTRACTOR AGREEMENTS WITH MEALEO, WHICH REQUIRE THEM TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS. MEALEO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELIVERY SERVICES PROVIDED BY DELIVERY PARTNERS, OR ANY ERRORS, OMISSIONS, OR MISREPRESENTATIONS MADE BY ANY OF THEM. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT MEALEO DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Each Partner Restaurant listed on our App has a defined delivery area to ensure that food quality remains high, and that delivery times are met as accurately as possible. If you are trying to place a delivery order from outside of a Partner Restaurants delivery area, it will not be possible. We do not accept orders for delivery from locations that we do not have a Partner Restaurant. Delivery hours vary from day to day depending on many factors such as Delivery Partner Availability, Partner Restaurant Availability, weather conditions and other factors. Mealeo reserves the right to modify Service hours, delivery areas, delivery hours as we deem appropriate for our business.
Subject to your compliance with these Terms, Mealeo grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) access and use the App on your personal device solely for personal and non-commercial purposes; (ii) view, download and print any Company or User Content to which you are permitted access solely for your personal and non-commercial purposes. Any rights not expressly granted herein are reserved by Mealeo and Mealeo’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or App except as expressly permitted by Mealeo in this Agreement; (iii) you may not rent, lease, lend, sell, redistribute or sublicense the App; (iv) you may not decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law. Should you breach these license restrictions, or exceed the scope of the license granted to you herein, Mealeo will have the right to investigate and prosecute violations to the fullest extent of the law for legal damages and infringement of intellectual property.
The Service and all rights therein, including all intellectual property rights in and to the Service and App, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service or App are the sole and exclusive property of Mealeo and its licensors, where applicable. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service or App, or any intellectual property rights owned by Mealeo. Mealeo’s name, logos, and the product and Service names associated with the Service and App are trademarks of Mealeo or third parties, and no right or license is granted to use them.
To use our Service, you must be at least 18 years of age, or the age of legal majority in your jurisdiction. You may not authorize third parties to use your Account, and you may not allow any person under the age of 18 to receive delivery or Service from Delivery Partners unless are accompanied by you. You may not assign or transfer your Account to any other person, organization, entity or company. By using our Service you agree that: (i) you will only use the Service or App for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes; (ii) you may not in your use of the Service cause nuisance, annoyance, inconvenience, or property damage to Delivery Partner, Restaurant Partner or the Third Party Provider; (iii) you will not impair the proper operation of the Service, Platform or network; (iv) you will not try to harm the Service or App in any possible way; (v) you will not copy, or distribute the App or any other content without written permission from Mealeo; (vi) you will only use the Service or App for your own personal use and will not resell it to a third party; (vii) you will keep your account password or any identifying information we provide you which permits you access to the Service or App, secure and confidential; (viii) you will provide us with proof of identity in certain instances when we may reasonably request, and you agree that you may be denied access to or use of the Service or App if you refuse to provide proof of identity;.
You agree and are aware that when using our Service we may contact you by telephone or text messages (including by automated dialing systems) at any of the phone numbers provided by you or on your behalf in connection with a Mealeo account, including for marketing purposes, and that standard messaging charges will apply.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit (collectively, “Post”) photographs, video clips, ratings, reviews, favorites, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”). You acknowledge that when you Post User Content on or through the Service or App, that User Content shall be deemed, and shall remain Mealeo’s property. Mealeo does not provide any compensation for User Content that you Post on or through the Service or App. By making available any User Content on or through the Service or App, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or App. Additionally, Mealeo shall be free to use any ideas, concepts, or User Content for any purpose whatsoever in connection with our business or the business or our partners or affiliates, without notice to you, approval by, or compensation to you including but not limited to developing, manufacturing and marketing products incorporating such information.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or App. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or App or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
While we encourage our Partner Restaurants to maintain pricing of their items consistent across platforms, you understand that prices for menu items displayed on our website and App may not reflect the prices offered or published by Partner Restaurants in-house or from the same menu items available at other third-party websites, platforms or mobile applications. Partner restaurants, at their own discretion, may opt to charge higher prices than displayed on their in-house menus to help subsidize commissions/service fees paid to Mealeo. In some instances we may adjust menu prices to an amount that combines the cost of the item, delivery fees and/or other charges into one price. Additionally, if you have included special requests when ordering a menu item, what you are ultimately charged may be different than the total displayed during checkout. This ensures that Partner Restaurants are receiving payment for special requests that have a cost associated with them that the Service or Platform doesn’t have a displayed price (for example, typing in the special requests field to “add 3 extra sides of sauce." Furthermore, despite our best efforts, some menu items may be incorrectly priced. Mealeo reserves the right to determine final prevailing pricing of all menu items and fees when ordering through the Service and/or App.
You understand and agree that the use of our Service may result in charges to you for the services or goods you receive (the “Charges”), and that Charges will be inclusive of applicable taxes where required by law, and may include other applicable fees and/or surcharges including, delivery fees, processing fees, split payment fees, or service fees paid to Mealeo. Mealeo may modify fees for use of our Service at any time we deem appropriate for our business. You will always have an opportunity to review and accept or not accept the fees you will be charged prior to submitting your order. Mealeo reserves the right to determine final prevailing pricing and applicable fees, even if it differs from what is published on the website during checkout. In cases in which prevailing pricing is different, you acknowledge and agree to pay the prevailing prices and fees. If your primary Account payment method is expired, invalid or not able to be processed for your order payment, Mealeo may use a secondary payment method in your Account, if available. Additionally, Mealeo reserves the right to request additional information from you if we suspect, in our sole discretion, that a payment method may be fraudulent.
You understand and agree that charges paid by you to use the Service or App are due at the time of purchase, and are final and non-refundable, unless otherwise determined by Mealeo. You authorize Mealeo to charge all sums for orders you submit to the payment method designated in your account. Mealeo reserves the right to establish, remove, revise Charges for any or all services or goods obtained through the use of our Service at any time in our sole discretion. Additionally, you acknowledge and agree that Charges applicable in certain geographical areas or during certain times of the day may increase. Mealeo has no obligation to provide refunds or credits, however, Mealeo in its sole discretion, may provide users with refunds, Mealeo credits that may be used for future use of the Service, or promotional offers that may differ from what other users and customers are offered. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer to use the Service, are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. We reserve the right to expire or modify promotional offers or credits at any time, for any reason. Should your account be blocked from ordering for any reason, you will forfeit any unused Mealeo credits, Mealeo Rewards, promotional offers and any other form of unredeemed value associated with your account.
You understand and agree that when you submit an order through Mealeo, a pre-authorization hold is placed on your chosen payment method to verify that the card is valid and has the funds available for your intended order. This pre-authorization amount which may be greater or less than the total order amount quoted at checkout will be released after your order is completed or concluded, and depending on your financial institution, it may take up to 3 to 7 business days to receive access to these released funds.
We love and appreciate 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 Rewards, and for you to receive free Mealeo Rewards 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.
You have the right to cancel an order before a Partner Restaurant has used food to start preparing your order. You can cancel an order from your Account or by contacting the Partner Restaurant directly. You will not be charged for any orders cancelled in accordance with this clause, and payment made prior to cancelling will be voided or credited back to the same payment method you used when submitting your order. If you cancel an order after it has been started at the Partner Restaurant, the entire order amount, including any applicable fees and surcharges will be charged to you. Mealeo, at its sole discretion reserves the right to determine whether an order has been started or not.
You have the right to switch an order from delivery to pick-up before a Delivery Partner has been dispatched to the Partner Restaurant you ordered from. You can switch a delivery order to pick-up from your Account. You may not switch a delivery order to pick-up by contacting the restaurant or Mealeo. You will not be charged any delivery fees or gratuities in accordance with this clause, and payment made prior to switching your delivery order to pick-up will be voided or credited back to you in Mealeo Rewards or the same payment method you used when submitting your order. If you switch a delivery order to pick-up by calling the restaurant directly, the entire order amount, including any applicable fees and surcharges will be charged to you if a Delivery Partner has been dispatched. Mealeo, at its sole discretion reserves the right to determine whether a Delivery Partner has been dispatched.
If you are not at the designated delivery location when our Delivery Partner arrives to deliver your order, or you fail to pick up an order from a Partner Restaurant who has prepared your order, Mealeo reserves the right for the entire order amount, including any applicable fees and surcharges to be charged to you. Additionally, if our Delivery Partner arrives at your 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 your designated delivery address, the Delivery Partner will leave the premises and your entire order amount, including any applicable fees and surcharges will be charged to you. You can help ensure that your order is delivered to the correct location by providing accurate addresses and a telephone number, and reviewing it, before submitting your order.
If you are not at the designated delivery location when our Delivery Partner arrives to deliver your order, the Delivery Partner will leave the premises and your entire order amount, including any applicable fees and surcharges will be charged to you. If you request our Delivery Partner to redeliver your order (as a result of you not being available at the delivery location on the Delivery Partner’s initial delivery attempt), a redelivery fee will be charged to you.
When placing an order for delivery, Mealeo will send you a confirmation email if/when our Partner Restaurant accepts your order (the “Confirmation Email”) which includes an estimated time of delivery (the “Delivery Estimate”). Our goal is to ensure you receive the best delivery service possible, and that your order is delivered in a timely fashion. Unfortunately, things don’t always go as planned and outside factors including but not limited to weather conditions, traffic conditions, holidays, kitchen delays, driver availability may prevent Mealeo and our Restaurant Partners from achieving our Delivery Estimate targets. Any order that arrives to you later than your Delivery Estimate, or for any other reason, will not be refunded or credited, and your entire order amount, 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. Mealeo alone will determine whether an order is a Canceled Order or not.
When placing an order for delivery, Mealeo will send you a confirmation email if/when our Partner Restaurant accepts your order (the “Confirmation Email”) which includes an estimated time of delivery (the “Delivery Estimate”). Our goal is to ensure you receive the best delivery service possible, and that your order is delivered in a timely fashion. Unfortunately, things don’t always go as planned and outside factors including but not limited to weather conditions, traffic conditions, holidays, kitchen delays, may prevent Mealeo and our Restaurant Partners from achieving our Delivery Estimate targets. Any order that is refused by you upon delivery because it’s later than your Delivery Estimate, or for any other reason, will be charged to you unless the order is labeled as canceled in your Account (a “Canceled Order”) prior to the delivery being attempted. Mealeo alone will determine whether an order is a Canceled Order or not.
You may have the option to request delivery of alcohol products in some locations and from certain Partner Restaurants or Merchants. 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 Restaurant Partner, Merchant or Delivery Partner performing your delivery, providing evidence of your age. You also agree that our Delivery Partners may withhold or deny delivery of the alcoholic beverages if the recipient of the delivery appears 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 your order. If the Delivery Partner is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable re-stocking fee, determined by the Partner Restaurant, Merchant, and or Mealeo.
No party 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, food, explosion, civil commotion or government action. Nothing in this clause shall excuse the customer/user from any payment obligations under these Terms and Conditions.
THE SERVICE AND APP 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 SERVICE OR APP. MEALEO DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE OR APP 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 SERVICE OR APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ERRORS OR DEFECTS IN THE SERVICE OR APP WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE 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 SERVICE OR APP. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND SERVICE, 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.
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 SERVICE OR APP, 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 SERVICE OR APP, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICE CONNECTS YOU TO DELIVERY PARTNERS AND PARTNER RESTAURANTS FOR THE PURPOSES OF PROVIDING TRANSPORTATION AND FULFILLMENT SERVICES. MEALEO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY PARTNERS OR PARTNER RESTAURANTS 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 THE DELIVERY PARTNERS OR PARTNER RESTAURANTS. THE LEVEL OF QUALITY OF THE DELIVERY PARTNER PROVIDING FULFILLMENT SERVICES THROUGH THE USE OF THE SERVICE OR APP IS THE SOLE RESPONSIBILITY OF THE THIRD-PARTY DELIVERY PARTNER WHO PERFORMS AND CONCLUDES DELIVERY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE SERVICE, 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 PARTNERS 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 PARTNER RESTAURANTS 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 PARTNER RESTAURANTS AND THE ITEMS THEY PROVIDE. MEALEO WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE OR APP (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 THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR APP, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE OR APP. 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."
The Company may give notice by means of a general notice on the Service, 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 PO Box 542, Latham, NY 12110.
You may not assign these 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.
No joint venture, partnership, employment, or agency relationship exists between you, Mealeo or any third party provider as a result of this Agreement or use of the Service or App. 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 this Agreement 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.
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 this Agreement or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including providers of transportation services arranged via the Service or App, or (iii) your use or misuse of the Service or App.
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, any customer, any Restaurant Partner, or Delivery Partner, or any other third party. Disputes between you and Mealeo are subject to this Section. You and Mealeo agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.
With the aim of resolving Disputes between you and Mealeo in the fastest and most cost-efficient manner, you and Mealeo agree that every Dispute arising in connection with these 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. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or your relationship with us, 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 these Terms.
You hereby expressly acknowledge and agree that, by entering into these 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.