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Terms of Use

Hi, there! Thank you for visiting and using Ricepo services. Please read through this Terms of Use and our Privacy Policy. You will have to agree both Privacy policy and Terms of Use so as to use Ricepo services, apps, and/or websites.

In order to make sure that Ricepo’s customers are highly satisfied, by using this website or the Ricepo Services or the Ricepo App or the Ricepo Rest App, you are agreeing to abide by these Terms of Use (the “Terms”), which constitute a legally binding agreement between you and Ricepo, LLC (“Ricepo”) and which govern your use of and access to the Ricepo.com website (including the webpages contained or hyperlinked therein and owned or controlled by Ricepo, the “Website”) and the Ricepo Services, whether through the website itself or through such other media or media channels, devices, software, or technologies as Ricepo may choose from time to time (also and collectively, the “Ricepo Service(s)”).

As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include the following material terms:

  1. your use of the Ricepo Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
  2. the Ricepo Services are provided “as is” without warranties of any kind and Ricepo’s liability to you is limited;
  3. if you have an Ricepo account, you may receive coupons when using the Ricepo Service which can only be used on the Ricepo Service within thirty (30) days of receipt of the coupon.
  4. you may receive text messages from or on behalf of Ricepo as a part of the Ricepo Services at the cell phone number(s) provided by you to Ricepo, and you consent to receiving such text messages.
  5. disputes arising hereunder will be resolved by binding arbitration, and  BY ACCEPTING THESE TERMS, YOU AND RICEPO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT  to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

Please note that 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 Website and the Ricepo Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Ricepo Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Ricepo Services.

The Website is owned and operated by Ricepo, LLC (“Ricepo”), and is currently hosted in the United States. Ricepo reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Ricepo Services (or any part thereof) with or without notice. You agree that Ricepo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Ricepo Services.

Please note that Ricepo may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Ricepo Services. Ricepo may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the Ricepo Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Ricepo reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

THE WEBSITE AND THE RICEPO SERVICES

The Website and the Ricepo Services are a third-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and beverages, and pick- up and/or delivery services in connection therewith, with participating restaurants (the “Restaurants”). Ricepo provides order placement services only. Ricepo is not a merchant of food or beverages, or provider of any pickup or delivery services in connection therewith, and does not control the Restaurants or the production of any food or beverages, or any pick-up or delivery services therewith.

The Restaurants have entered into agreements with Ricepo to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. Ricepo, including the Website and the Ricepo Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.

Customers using the Ricepo Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. Ricepo, including the Website and the Ricepo Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Ricepo does not investigate or verify any such representations. Ricepo shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the Ricepo Services).

We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify Ricepo of all complaints or concerns that you might have regarding the Restaurants.

ORDERING AND PAYMENT

When you place an order through the Ricepo Services, you will be given a choice of payment options, which may include via credit card, PayPal®, and direct payment to the applicable Restaurant. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed through the Ricepo Services, for the purchase price of the applicable order, and “Ricepo” will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, Ricepo, including the Website and the Ricepo Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.

REFUND POLICY

Ricepo takes customer satisfaction very seriously. In general, we are only able to make changes or refund on orders that just placed within the last five minutes. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact us and we will try to assist you. In appropriate cases, if you have already been billed by Ricepo, Ricepo may issue full or partial refunds, or “Cash Coupons”. This can take between 5-10 business days to appear on your account.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

By using the Website and/or the Ricepo Services, you represent, warrant, and covenant that:

SUBMISSIONS AND FEEDBACK

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the Ricepo Services (“Submissions”) provided by you to or via Ricepo, the Website, or the Ricepo Services are non-confidential and Ricepo (as well as any designee of Ricepo) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

The Website and the Ricepo Services are for personal, noncommercial use only (unless specifically endorse or approved by Ricepo). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Ricepo, including the Website and the Ricepo Services, are prohibited:

INTELLECTUAL PROPERTY RIGHTS

As between you and Ricepo, all of the content included in and as a part of the Website and the Ricepo Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Ricepo Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Ricepo, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Ricepo reserves all rights in and to the Website, the Ricepo Services, and the Ricepo Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Ricepo Services; the license granted hereby does not include any resale or commercial use of the Website, the Ricepo Services, or the Ricepo Content. If you download or print a copy of the Ricepo Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Ricepo Content or enforce limitations on use of the Website or the Ricepo Content therein.

THIRD PARTY WEBSITES AND CONTENT

The Website and the Ricepo Services may contain, or you may be sent through the Website or the Ricepo Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Ricepo (including the Website and the Ricepo Services), and Ricepo (including the Website and the Ricepo Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Ricepo (including the Website and the Ricepo Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Ricepo Services or as may otherwise relate to any applications that you use or install from the Website or through the Ricepo Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Ricepo (including the Website and the Ricepo Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.

SITE MANAGEMENT

Ricepo reserves the right but does not have the obligation to:

  1. monitor the Website and the Ricepo Services for violations of these Terms;
  2. take appropriate legal action against anyone who, in Ricepo’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
  3. in Ricepo’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Ricepo, the Website, and/or the Ricepo Services;
  4. in Ricepo’s sole and absolute discretion, remove from the Website or the Ricepo Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Ricepo Services’ systems; and
  5. otherwise manage the Website in a manner designed to protect the rights and property of Ricepo and others and to facilitate the proper functioning of the Website and the Ricepo Services.

INDEMNITY

You agree to indemnify and hold Ricepo, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.

DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY RICEPO, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RICEPO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RICEPO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF RICEPO 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 SITES. RICEPO 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. RICEPO 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. 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 RICEPO'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 RICEPO OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND RICEPO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND RICEPO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

This Site is created and controlled by Ricepo. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Ricepo makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in New York County, New York, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

GENERAL

Enforceability.

If any portion of these Terms of Use 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 these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement.

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of Ricepo's Privacy Policy, constitute the entire agreement between you and Ricepo, superseding all prior agreements regarding the Sites.

No Waiver.

The failure of Ricepo to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

HEADINGS & CONSTRUCTION.

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be i nterpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.