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Grabull, Inc. Terms & Conditions

Please read all the Terms & Conditions fully and carefully before using www.Grabull.com (the “Site”) and the services, features, content or applications offered by Grabull Inc. These Terms & Condition set forth the legally binding terms and conditions for your use of the website & Mobile app of www.Grabull.com and the Services. By ordering any Goods or Services from this www.Grabull.com, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.

ACCEPTANCE OF TERMS & CONDITIONS

  1. By registering with Grabull or any of its Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the website by Grabull Inc, each of which is incorporated by reference and each of which may be updated from time to time without notice to user.
  2. Certain of the Services may be subject to additional terms and conditions specified by Grabull Inc from time to time; your use of Grabull Services is subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by this reference.
  3. These Terms of Service apply to all the users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  4. Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between user and grabull or the restaruants will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

ORDERING

  1. The Restaurants have entered into agreements with GRABULL that require them to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. GRABULL, including the Site and the 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.
  2. You are responsible for reviewing the information provided by the Restaurants on the GRABULL and contacting the Restaurants directly for any questions on the reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. GRABULL, including the Site and the Services, does not in any way guaranty 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.
  3. In addition, a Restaurant may represent certain standards with respect to their food or other services such as “organic,” Vegan,”  “kosher,” “macrobiotic” or allergen-specific, “Raw,”  standards such as “nut-free,” “gluten-free,” or “lactose-free”; GRABULL does not investigate or verify any such representations. Please instruct the Restaurant of food allergy concerns in the special comment boxes or in the final comment box before sending your order. Although this information is transmitted to the Restaurant exactly as it appears on the Services, Grabull cannot guarantee that your order will be prepared as requested. If you have food-related allergies and you are concerned about the preparation of the order, we suggest you contact the Restaurant directly after submitting your order. GRABULL 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 Site and through the Services).

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

ELIGIBILITY CRITERIA

While ordering on Grabull.com you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. GRABULL may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

REGISTRATION & USER ACCOUNT

GRABULL Services may require that you register and/or create an account or use the Services as a guest. To register and create an Account, you must select a valid email address of yours as account user name and create a password and provide certain personal information. You must provide accurate and complete information and keep your Account information updated. You shall not use any others persons email as a username or you should not use the name of another person with the intent to impersonate that person; Grabull has right to suspect any information is untrue, inaccurate, not current or incomplete an email or name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, Grabull has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; Grabull has the right to refuse any and all current or future use of the Services.

As a User you are solely responsible for the activity that occurs on your User Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You agree to ensure that you exit from your Account at the end of each session. You shall have the ability to delete your Account, through a request made to Grabull. Grabull will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the foregoing or for any acts or omissions by you or someone else using your Account and/or password.

CONTENT

Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, audio, videos, clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services of Grabull . For the purposes of this Agreement, “Content” also includes all User Content (as defined below).User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. Reviews. The Services may allow you to post reviews of restaurants and other businesses ("Reviews"). Such Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, the rules of conduct set forth below. Reviews are not endorsed by GRABULL, and do not represent the views of GRABULL or of any affiliate or partner of videos,. GRABULL does not assume liability for Reviews or for any claims, liabilities or losses resulting from any Reviews. All Reviews must comply with the following criteria: (1) before posting a Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants’ products, services or conduct; and (4) your Review must otherwise comply with the terms of this Agreement. Any Review that GRABULL determines, in its sole discretion, could diminish the integrity of the Reviews and/or the Services may be removed or excluded by GRABULL without notice. Notices and Restrictions. This website, in its entirety, is the sole property of GRABULL Inc or its content suppliers and the Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

PRICES & PAYMENTS

Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and GRABULL. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

All prices listed on the Website are correct at the time of publication and have been input as received by the restaurant; while we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods or Services.

All prices listed on the Website for Food Delivery by the Participating Restaurant reflect the price the Participating Restaurant charges at the time of listing. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.

 The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.

If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

The prices reflected on the website/mobile application/email are determined solely by the Participating Restaurant and informed to GRABULL at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating restaurant.

All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Restaurant and GRABULL is merely collecting the same on behalf of such Participating Restaurant.

The entire amount of applicable taxes collected by GRABULL is directly remitted as it is to Participating Restaurants and GRABULL does not retain any amounts thereof

GRABULL is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. GRABULL holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Restaurant.

The prices reflected on the website/mobile application are determined solely by the Participating Restaurant and informed to GRABULL at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating restaurant.

The transaction of sale of food or food items is between Participating Restaurant and the customer, and accordingly, GRABULL is not liable to charge or deposit any taxes applicable on such transaction

The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order

LIMITATION OF LIABILITY

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.

We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

In the event GRABULL has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, GRABULL may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, GRABULL reserves the right to seek compensation from any and all violators.

Offers are subject to GRABULL & Restaurant discretion and may be withdrawn at any time and without notice.

Use License. Subject to these Terms & conditions, we grant each user of the Services a worldwide, non-exclusive, non-sub licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, pornographic, vulgar, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information.

THIRD PARTY SERVICES & AFFILIATIONS

The GRABULL site may not be linked to any other site without prior consent of GRABULL. The Services may permit you to link to other websites, services or resources on the Internet, share on social media and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or online resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

ANDROID, WINDOWS & APPLE DEVICE TERMS

If you are accessing the Services on a device provided by ANDROID, WINDOWS & APPLE or otherwise obtained access to the Services through the App Store, the following terms shall apply:

Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with ANDROID, WINDOWS & APPLE, and that ANDROID, WINDOWS & APPLE is not responsible for, does not endorse, and is not involved in the Services or Content; The Services are licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as applicable; You will only use the Services in connection with an ANDROID, WINDOWS & APPLE device that you own or control; You acknowledge and agree that ANDROID, WINDOWS & APPLE has no obligation whatsoever to furnish any maintenance and support services with respect to the Services; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and we acknowledge and agree that, in your use of the Services, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

CANCELLIATION

You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.

We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;

If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.

In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.

INFORMATION

Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.

You authorize us & the restaurant to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. If you select to use cash as a method payment, you agree to provide the Restaurant payment in the form of U.S. Dollars upon receipt of your order. Current Information Required. If you select to use a credit card as your payment method, prior to the purchase of any Services, you must provide the third party payment processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card.

If Restaurant does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GRABULL or its agents. The final charges on your credit card may be different than those stated on the Services. By using GRABULL you acknowledge that your credit card information (as stated above) will be transmitted to the Restaurant via facsimile or another electronic transmission to process your order.

DISPUTES

If there is a dispute between users of the Services, or between users and any third party (including any Restaurant), you understand and agree that GRABULL is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release GRABULL (including the Site and the Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the State of MASSACHUSSETS, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of BOSTON, MASSACHUSSETS. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

USER CONSENTING

By registering or placing an order with us, you are consenting to receive E-mails, SMS or calls from us or the Restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial E-mail from us. If you do not wish to receive commercial E-mail from us, you may remove your name from the E-mail list by contacting us.

GENERAL

All prices are in USD is included where indicated

We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

We may alter or vary the Terms and Conditions at any time without notice to you.

Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

Do not use or launch any automated system or program in connection with our website or its online ordering functionality;

Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

Customers placing order with GRABULL are liable of receiving promotional SMS, irrespective of their number being registered under DNC or phone preference services. If customer wish to not receive promotional SMS, they may contact GRABULL

The voucher calculation is subject to GRABULL discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.

Any Service Fee/Delivery Fee charged by GRABULL is subject to prevailing all applicable tax Rates.