Terms & Conditions

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Terms & Conditions


TERMS OF USE

This Terms of Use and Conditions agreement covers the use of the Munchiees App, and was created so you can have a clear understanding of how to use the app and the service that derives from the app. Before you use the Munchiees App, Munchiees.com and its related websites, please read these terms of use and conditions carefully!

ABOUT THE MUNCHIEES APP

The Munchiees App, website (munchiees.com, munchieesdelivery.com, munchiees.delivery), and all the related mobile websites and mobile applications, software and selected other domains (collectively, the "Company or Munchiees App "). These terms of use and conditions (the "Agreement") constitute a contract between you and us.

What does this mean?

It means that by using or receiving any services supplied to you via the Munchiees App, and downloading, installing or using any associated software supplied by the app, whose purpose is to enable you to use a proprietary method for placing orders with third- party Independent Couriers to deliver goods from Independent Merchants, including but not limited to, convenience stores (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement. If you do not agree, do not use the mobile app or any of the software or websites associated with the Munchiees App. As used in this Agreement, "Munchiees," "we," "us," and "our" shall mean the Munchiees App and its subsidiaries and affiliates.

The owners of the Munchiees App reserves the right to modify the terms and conditions of this Agreement or its policies relating to the mobile app, websites or software at any time, effective upon posting of an updated version of this agreement on the app, website, service or software. You are responsible for regularly reviewing this agreement. Continued use of the app/software after any such changes shall constitute your consent to all such changes.

The merchants available on the app operate independently, and may have entered into agreements with us to provide the delivery services available to you. Merchants on the Munchiees App are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to marketing, safety and disclosures. The owners of the Munchiees App are not responsible for a merchant's compliance with and does not verify any merchant's compliance with applicable laws. In addition, the owners of the Munchiees App, or the Munchiees App does not guarantee the quality of what any merchant sells, nor does it guarantee the services provided by any merchant including, in those cases, where the merchant provides delivery services. In addition, the owners of the Munchiees App does not independently verify representations made by any merchant, including without limitation to, any sales promotion, advertisement, product description or disclosures.

Delivery is provided by a network of third-party Independent Couriers. Third-party Independent Couriers have entered into agreements which require the Independent Couriers 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. The owners of the Munchiees App shall not be liable or responsible for any delivery services provided by third-party Independent Couriers or any errors or misrepresentations made by them.

Munchiees does not provide courier services, and is not a delivery company. The Munchiees app is technology software that provides logistics and ordering software/SaaS to independent couriers and merchants. We provide technology/software solutions to connect people that want on demand delivery of products from merchants, with third-party independent couriers that wish to fulfill that request for a fee.

Third-party Independent Couriers/delivery service providers/delivery vehicle operators are not employees, representatives or agents of Munchiees. Third party Independent Couriers/delivery services providers/delivery vehicle operators provide delivery services for customers that order products from third-party merchants.

Third-party Independent couriers, delivery services providers and delivery vehicle operators offer courier and delivery services that are scheduled and arraigned through the Munchiees App. The Munchiees App offers a method to obtain third-party courier and delivery services, but does not and does not intend to offer courier/delivery services and has no responsibility or liability for any third party courier, delivery person or vehicle operator.

USING THE MUNCHIEES APP

You may only use the Munchiees App to arrange courier/delivery services 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 app, and your parent or legal guardian must read and agree to this Agreement prior to your using the app. Not with standing the foregoing, you are prohibited from using the app if you are under the age of 13.
Use of the Munchiees App to arrange delivery requires you to download and install the mobile app and 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 Munchiees App, 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, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to block your current or future use of the Munchiees App (or any portion thereof).

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 the Munchiees App support team 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. The Munchiees App owners 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.

There are two types of users of the Munchiees App:

(1) Customers who request Merchant products to be delivered, and
(2) Third party independent couriers who provide delivery services.
In order to become an Third-Party Independent Courier, you must fill out an application and agree to abide by an agreement that governs your use of the Munchiees App as a Third-party Independent Courier.

As a Customer, you agree that you will:
(i) As a condition to placing an order via the Munchiees App, link your account with a valid credit card or other authorized payment method (“Payment Method”),
(ii) Pay for the orders that you place via the Service, and
(iii) comply with all applicable laws at all times.

You acknowledge that the Munchiees App retains a portion of the payments made via the app, but solely as a processing fee for facilitating the transactions and payments envisioned by this Agreement. You accept all risks related to interacting with and transacting with Third-party Independent Couriers, and Merchants, as well as all risks related to the Merchant products that are delivered to you.

LIMITATIONS ON AVAILABILITY

The Munchiees App is not available at all times, in all languages or in all geographies. Currently, the Munchiees App is on only available in select cities. Munchiees makes no representation that the Munchiees App will achieve any particular uptime, or that the Munchiees App is appropriate or available for use in any particular location. For example, the Munchiees App may be available only in certain neighborhoods in a particular city. We do not guarantee that you will be able to place orders with any particular Merchant via the Munchiees App. You use the Munchiees App at your own initiative and are responsible for compliance with any applicable laws in connection with your use of the Munchiees App. We may also impose limits on the use of or access to the Munchiees App as required by law. Use of the Munchiees App is void where prohibited.

ALCOHOLIC BEVERAGES POLICY

The Munchiees App and/or websites cannot be used to arrange delivery for alcoholic beverages. Regardless of being over the age of 21, the Munchiees App cannot be used to order or for the delivery alcoholic beverages. Independent third-party couriers/delivery service providers will not deliver alcoholic beverages. 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 and all associated delivery fees and service chargers.

OTHER RESTRICTIONS

You agree not to:
(a)Rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Munchiees App,
(b) Copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Munchiees App, or any part of the Munchiees App, or
(c) Use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity. If you have a mobile app that is a competitor of the Munchiees App, you are not authorized to use the Munchiees App. You may not exploit the Munchiees App in any unauthorized or unlawful way. You will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding the Munchiees App. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.

You agree that the consequences of commercial use or re-publication of user content or materials from the app 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 the owners of the Munchiees App will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

ARRANGING DELIVERY

When you submit a delivery request via the Munchiees App, a notification will be sent to a nearby third-party Independent Courier; that notification will provide certain information about you, including your phone number, to the Courier (as more fully described in our Privacy Policy) to enable the Courier to fulfill your delivery request. The Courier will then be prompted to place an order with the requested merchant, if needed, or pay the merchant for the order, if needed, and then deliver the order to you. Orders may be modified in limited circumstances, such as when a merchant is out of an item originally ordered. The Courier may communicate with you during the course of fulfilling your order regarding the status of your order. You agree not to contact any Courier, except regarding your order. The Courier, and/or Merchant, not the owners of the Munchiees App, are responsible for order fulfillment.

PAYMENT TERMS

The merchants set prices and fees for their own products. The Munchiees App does not mark up any products. When you place an order, you will be charged for:
  • The total amount of the products you purchase, as calculated by the Merchant (which amount may not be communicated to you until after the order is placed by the Courier),
  • Processing fee based on a percentage of the total order amount, or a flat fee, which ever is higher
  • A delivery fee (which varies based on geographic region, and
  • A tip for the Courier. You hereby authorize your payment method to be charged for the fees associated with each order you place via the Munchiees App. Once your order is ready for checkout, you must authorize for immediate payment. Once complete, you will receive an itemized receipt for the order.

You, the customer acknowledges and agrees that, as between the Munchiees App and Customer, you will be responsible for bearing the cost of any sales or comparable taxes associated with orders you place via the Munchiees App.

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.

OUR MATERIALS AND LICENSE TO YOU

With the exception of User Content (defined below), everything on the Munchiees App and/or websites, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to the Munchiees App. The Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated in the Munchiees App or on the website, and except for the trademarks, service marks, logos and trade names of other companies that are displayed in the app, all trademarks, service marks, logos, trade dress and trade names are proprietary to the Munchiees App, including without limitation, MUNCHIEES; Munchiees Delivery; Munchiees.com, Munchiees.Delivery, Munchieesdelivery.com, and the associated app icons. Please be advised that the owners of the Munchiees App enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Munchiees App and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Company. Any other use of the Munchiees App and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained in the Munchiees App should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content displayed in the app without the express written permission of the owners of the Munchiees App or the appropriate third party owner, as applicable.

If you download any software for the Munchiees App, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
The owners of the Munchiees App reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the app and/or services offered on or through the app (or any part thereof), including but not limited to the app features, look and feel, and functional elements and related offerings.

CONTENT YOU PROVIDE

The Munchiees App may provide you with interactive opportunities including, without limitation, to features such as user ratings and reviews, saved favorites, liked items and bookmarked merchants (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the app ("User Content").

Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Munchiees App standards of conduct. Ratings and Reviews are not endorsed by the owners of Munchiees App or the app itself, and do not represent the views of any affiliate or partners. The owners of the Munchiees App does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria:

  • Before posting a Rating or Review, you must have had first-hand experience with the merchant and/courier;
  • You may not have a proprietary or other affiliation with either the courier, merchant or any of its competitors;
  • You may not draw any legal conclusions regarding the merchants' products, services or conduct; and
  • Your review must otherwise comply with the terms of this Agreement.

Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Munchiees App may be removed or excluded by us without notice.

USE OF YOUR CONTENT

You grant the Munchiees App and its Owners an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with Munchiees's business and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant Munchiees a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a Munchiees user, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the app, or the services that derive from use of the app. Munchiees shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.

If you submit comments, suggestions, or other feedback regarding the Munchiees App, you agree that we will own such Feedback and will be free to use such Feedback for any purpose.

User Content transmitted to certain parts of the app, including, without limitation to Interactive Areas, may be posted in public areas in our Munchiees App, including without limitation in a compilation format, and as such will be publicly visible and accessible. The owners of the Munchiees App and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.

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 by Munchiees. We do our best to encourage civility and discourage disruptive communication on the Munchiees App. 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 app; and/or
  • Is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on the app.

The Munchiees App owners, employees or other authorized persons may monitor any and all use of the app; however, we are under no obligation to do so. We may manage the app in a manner intended to protect our property and rights and to facilitate the proper functioning of the app. If any User Content or conduct on the app violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or the app; 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 the app entirely. The owners of the Munchiees App will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.

INTERACTIONS

THE MUNCHIEES APP IS DESIGNED TO FACILITATE TRANSACTIONS AMONG COURIERS, MERCHANTS AND CUSTOMERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND TRANSACTIONS WITH COURIERS AND MERCHANTS, AGREE TO LOOK SOLELY TO SUCH COURIERS AND MERCHANTS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY TRANSACTION COMMISSED VIA THE MUNCHIEES APP, AND EXPRESSLY WAIVE AND RELEASE THE MUNCHIEES OWNERS AND OFFICERS, AND SUBSEQUENT OWNERS AND OFFICERS, FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY COURIER OR MERCHANT, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY.

MUNCHIEES RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN COURIERS, MERCHANTS AND ITS CUSTOMERS.

COMMUNICATION

The Munchiees App and Third-party Independent Couriers will need to communicate with you about the Munchiees App, including communication about any delivery requests you place via the app and/or websites. Additionally, we would like to send promotional offers to you. As such, you consent to receive messages either by phone, email, text/sms, or push notifications from the Munchiees App, couriers and other third party delivery partners and acknowledge and agree that your phone number, email and other contact information may be used to send commercial communication and messages.

We will allow you to opt out of receiving some of these messages, but in order to stop receiving all messages from us whatsoever (including administrative messages regarding the Munchiees App or messages that are primarily about transactions enabled via the Munchiees App, you will need to terminate your account. In the unlikely event you receive an unwanted or inappropriate text or other communication from Munchiees or any Courier or Merchant, you agree to promptly notify Munchiees at contact@munchiees.com

TEXT ALERTS

After placing an order you may receive up to 5 text message alerts about each order placed on from the Munchiees App and/or websites. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details.

PROVISION & LICENSE GRANT

Subject to the terms and conditions of this Agreement, during the Term:
(a) you will be provided access to the Munchiees App, and
(b) you are hereby granted a limited, non-exclusive and nontransferable license to download, install and use the App on a smart phone,tablet or other mobile device that you own or control.

INDEMNIFICATION

You agree to indemnify and hold harmless the owners of the Munchiees App, as well as its officers, and all the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the app and/or Materials (including without limitation all User Content), and/or all Uses of your User Content by Munchiees and/or any third party authorized by Munchiees.

THIRD PARTY LINKS

The Munchiees App may contain links to services or products that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Web Products"). The owners of the Munchiees app does not review, monitor, operate and/or control the Third Party Products and the owners of the Munchiees App 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 Web Products. By providing access to Third Party Web Products, the owners of the Munchiees App is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those web products. Your access and/or use of the Third Party Web Products, including providing information, materials and/or other content to the Third Party Web Products, is entirely at your own risk. The owners of the Munchiees App reserves the right to discontinue links to any Third Party Web Product at any time and for any reason, without notice.

ADDITIONAL TERMS

Your use of the Munchiees App and websites are subject to any and all additional terms, policies, rules or guidelines applicable to the app or certain features of the app that we may post or link to (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the app. All such Additional Terms are hereby incorporated into this Agreement by reference.
By accessing the Munchiees App, you agree:

  • Not to access the app 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 app or another account, computer system and/or network connected to any Munchiees 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 the owners of the Munchiees app;
  • Not to deep-link to the app and/or access the app 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 Munchiees app or website, and/or any Materials and/or other content within the app, unless the owners of the Munchiees app 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 app;
  • Not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
  • Not to use the app in any manner that could damage, disable, overburden and/or impair any Munchiees server, or the network(s) connected to any Munchiees server, and/or interfere with any other party's use and enjoyment of the app;
  • Not to transmit any chain letters or junk email;
  • Not to use any information obtained from the app or the Munchiees services in order to contact, advertise to, solicit, or sell to any user or merchant;
  • Not to sell or transfer your profile;
  • Not to use the app to engage in commercial activities apart from sanctioned use of Munchiees App;
  • Not to use the app as part of an effort to compete with the Munchiees App, or the services derived for the app;
  • Not to copy any content, including, but not limited to profit 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 app to any third party, including without limitation to build a competitive product and/or service;
  • Not to create merchant 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 app;
  • 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 Munchiees employees or agents engaged in providing any portion of Munchiees' 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 app 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 Munchiees App;
  • 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 app, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the app or affiliated or linked company (including those of our merchant partners); and
  • Not to use the app for any illegal purposes.


FORCE MAJEURE

Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control,including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.

TERM & TERMINATION

This Agreement is effective upon our acceptance after you indicate your assent and provideany required information to initiate your account and will continue until terminated by either you or us. Your right to use or access the Munchiees App will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease. Any monies owed shall survive any termination or expiration.

MOBILE APP MARKETPLACE TERMS

You understand that this Agreement is between you and Munchiees and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace, and that the marketplace provider is not responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to
  • Product liability claims;
  • Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  • Claims arising under consumer protection or similar legislation.


You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.

INTELLECTUAL PROPERTY

The owners of the Munchiees App alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the App or Software, or any intellectual property rights. The Munchiees name, the logo, and the product names associated with the Software are trademarks of the owners of the Munchiees App or third parties, and no right or license is granted to use them.

GOVERNING LAW

Massachusetts law controls this Agreement. The laws of the Commonwealth of Massachusetts, excluding its conflict laws, govern this Agreement and your use of the Munchiees App. Use of the Munchiees App may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Massachusetts and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

ASSIGNMENT

We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.

THIRD-PARTY INDEPENDENT COURIERS

If you are a Third-party Independent Courier, you are an independent contractor and you are not an employee, owner, joint venturer, partner or agent of the Company and that there is no employment agreement between you and the owners of the Munchiees App. In addition, if you are a Independent Courier, you further understand and agree that you have no authority to bind the Company and you will not make any representations to any party that you have any authority to bind the Company, as an employee, partner or otherwise.

MISCELLANEOUS

This Agreement, and the documents we reference in this Agreement, is the entire agreement between the Munchiees App and you. Our failure to exercise or enforce any right will not operate as a waiver of such right. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, we can be reached at:
P.O. Box 190454
Boston, MA. 02119
or 617-942-0576 or
email: contact@munchiees.com

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 of Use" link. 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 Munchiees App 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 app. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

DISCLAIMER

THE MUNCHIEES APP, IT’S MATERIALS AND ALL OTHER CONTENT ON THE MUNCHIEES APP AND WEBSITES 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 COMPANY, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OWNERS OF THE MUNCHIEES APP DOES NOT REPRESENT OR WARRANT THAT THE APP, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APP WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNERS OF THE MUNCHIEES APP DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP 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 APP AND/OR OTHER PRODUCTS DELIVERED. YOU (AND NOT MUNCHIEES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE OWNERS OF THE MUNCHIEES APP, OR ANY OF OUR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF THE OWNERS OF THE MUNCHIEES APP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE APP. THE OWNERS OF THE MUNCHIEES APP 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 PERTAINING TO THE APP. THE OWNERES OF THE MUNCHIEES APP 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 APP, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEB COMPANY 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. 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. IN NO EVENT SHALL MUNCHIEES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MUNCHIEES OR A MUNCHIEES' MERCHANT, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). YOU AND MUNCHIEES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MUNCHIEES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE APP AND/OR WEBSITES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.