Last Updated March 2nd 2021
These Terms of Service (”Terms”) govern your access or use of the website, http://www.clubfeast.com (the “Website”) operated by ClubFeast Inc., and our subsidiaries and affiliates (collectively, “Feast,” “we,” “us” or “our”), together with any content, tools, features, functionalities, products, and services offered through our Website (the ”Services”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FEAST. For purposes of these Terms, “you” and “your” mean you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services. Feast may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. IMPORTANT: PLEASE REVIEW THE ARBITRATION AND CLASS ACTION WAIVER SET FORTH IN SECTION 13 BELOW CAREFULLY. BY AGREEING TO THOSE TERMS, YOU AGREE (A) TO RESOLVE DISPUTES WITH FEAST ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHTS TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THESE TERMS.
Supplemental Terms.
Supplemental terms may apply to certain Services, such as policies for a particular location, event, program, activity, or promotion. Such supplemental terms will be provided to you in separate region-specific disclosures (e.g., a particular city webpage) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms for a particular Service(s) shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
Updates.
Feast may amend the Terms from time to time, in which case we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. Amendments will be effective upon Feast posting such updated Terms or at such later date as may be specified in the updated Terms, at this location or in the policies or supplemental terms of the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the amended Terms.
Privacy Policy.
Feast’s collection and use of personal information in connection with the Services is described in Feast's Privacy Policy located at https://www.order-clubfeast.com/privacy.
Who May Use the Services.
You must be sixteen (16) years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of majority in their jurisdiction but that are at least thirteen (13) years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of thirteen (13) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
USER ACCOUNTS.
Account. In order to use certain aspects of the Services, including to place restaurant orders, you must register for and maintain an active account (”Account”). Account registration requires you to submit to Feast certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Feast. You agree to maintain accurate, complete, and up-to-date information in your Account. You can access, edit, and update your Account through the “Account Info” function on the Website. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@clubfeast.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Unless otherwise permitted by Feast in writing, you may only register and maintain one Account.
Use Requirements and Conduct. You may not authorize third parties to use your Account, and you may not allow persons under the age of sixteen (16) to receive the Services unless they are accompanied by you.
The Services.
The Services. The Services enable you to arrange and schedule delivery services for the purchase of certain restaurant offerings (“Restaurant Offerings”) from participating restaurant merchants (the “Restaurants”). You may place orders for the Restaurant Offerings (“Restaurant Orders”) on a weekly subscription basis (“Weekly Subscription”) and the Restaurant Orders will be delivered to you by our independent contractor couriers (the “Couriers”).
Your Weekly Subscription. You agree that when you sign up for a Weekly Subscription, your subscription will automatically renew weekly, and your payment method will automatically be charged at the start of each new week for the Weekly Subscription Amount (defined below). Your Weekly Subscription will give you access to a certain number of credits for Restaurant Orders (“Restaurant Order Credits”) every week. When you sign up for the Services and initiate your Weekly Subscription (“Subscription Initiation”), you will designate the number of Restaurant Order Credits that you would like to purchase weekly. Thereafter, you will be provided with that same number of Restaurant Order Credits each week, unless you modify or cancel your Weekly Subscription in accordance with Section 5.4 below. To receive a Restaurant Order on any given day, you must place the Restaurant Order using your Restaurant Order Credits by no later than 6 PM of the prior day (in the Restaurant’s local timezone). Once a Restaurant Order has been placed, it cannot be amended or cancelled.
Changes in Pricing or Features or Restaurant Offerings. Feast may, at any time,modify the pricing, availability, specifications, content, descriptions, or features of any Restaurant Offering. While we attempt to be as accurate as we can in our descriptions for the Restaurant Offerings, we do not warrant that Restaurant Offering descriptions are accurate, complete, reliable, current, or error-free. If a Restaurant cancels a Restaurant Order after you have placed it, we will provide you with notice and the opportunity to choose (a) another Restaurant Offering, or (b) to receive a refund in the form of Restaurant Credit(s), as soon as reasonably practicable. If a Restaurant Order you receive is not as described on the Services, you may request a refund in the form of Restaurant Order Credit(s) by contacting us at support@clubfeast.com . The inclusion of any Restaurant Offerings for purchase through the Services at a particular time does not imply or warrant that the Restaurant Offerings will be available at any other time. We reserve the right to change prices for Restaurant Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any Restaurant Orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Restaurant Offering prices to the Services and/or upon making the customer aware of the pricing error. Any price changes to your Weekly Subscription Amount will take effect 7 days after we have provided you with notice of the change by email, provided that you will be responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. If you choose not to accept a Weekly Subscription Amount price change, you may cancel or modify your Account in accordance with Section 5.4 below.
Cancellation and Modification.To avoid future subscription charges, you must cancel your Weekly Subscription at least twenty-four (24) hours before your next weekly subscription period renewal date by emailing Feast at support@clubfeast.com from the email address associated with your Account and providing notice of cancellation. You can modify the number of Restaurant Order Credits you purchase weekly in connection with your Weekly Subscription by updating your Account through the “My Plan” function on the Website. The modification will take effect upon your next weekly subscription period renewal date. If you would like to upgrade your Weekly Subscription by purchasing more Restaurant Order Credits before your next weekly subscription period renewal date, please email us at support@clubfeast.com.
No Weekly Subscription or Restaurant Credit Order Credit Refunds.All payments for Weekly Subscriptions are non-refundable. However, Restaurant Order Credits never expire, and you may use them at any time, even after you have cancelled your Weekly Subscription.
Payment. Payment can be made by credit card, debit card, or through other means that we may make available on our Website. You acknowledge and agree that all payment information you provide with regards to your Weekly Subscription is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us and/or our payment processor. You (a) agree to pay the price for your Weekly Subscription as set forth in the applicable Service, which is based on the number of Restaurant Order Credits you choose to purchase weekly, and all applicable taxes and processing fees in connection with your purchase (collectively, the “Weekly Subscription Amount”), (b) acknowledge and agree that your Weekly Subscription automatically renews weekly, and (c) authorize us to charge your payment method weekly for the Weekly Subscription Amount applicable to that period. You agree that we may store and continue billing your payment method to avoid interruption of the Services. All charges and payments will be enabled by Feast using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Feast may use a secondary payment method in your Account, if available. Your Weekly Subscription will not be processed and you will not receive Restaurant Order Credits for the applicable week until payment has been received in full, and any holds on your account by our payment processor are solely your responsibility. Unless otherwise noted, all currency references are in U.S. Dollars, and all fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Further, you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand.
Gratuities for Restaurants and Couriers. Feast does not designate any portion of your payment as a tip or gratuity to Restaurants or Couriers. Any representation by Feast (on the Website or in Feast's marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Feast provides any additional amounts, beyond those described above, to Restaurants and Couriers. You understand and agree that, while you are free to provide additional payment as a gratuity, you are under no obligation to do so. Gratuities are voluntary.
Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on the Services, subject to any additional terms that Feast establishes. You agree that each Promotional Code (a) must be used in a lawful manner, (b) must only be used once per user, subject to the rule that each user may only have one Account, (c) must be used for the intended audience and purpose, (d) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Feast, (e) may be disabled or have additional conditions applied to them by Feast at any time for any reason without liability to Feast, (f) may only be used pursuant to the specific terms that Feast establishes for such Promotional Code, (g) are not valid for cash or other credits or points, and (h) may expire prior to your use, (i) any user is eligible to receive a maximum of $300 of referral credits from successfully referring users that join Club Feast, a successful referral means a new unique user with a verified phone number that made a purchase on Club Feast using the referral code, (j) referrals for the same address are invalid and will be rejected by Club Feast, (k) Club Feast reserves the right to reject any referral it deems unsatisfactory
Gift cards sent are valid for 12 months- please email us at support@clubfeast.com if you need more time to redeem it
Rights We Grant You.
License Grant. Subject to your compliance with these Terms, Feast hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, non-assignable license to (a) access and use the Website, and (b) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that Feast, in its sole discretion, may elect to take. Any rights not expressly granted herein are reserved by Feast and Feast's licensors.
Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws and regulations prohibit these restrictions or you have our written permission to do so:
Use, reproduce, or remove any copyright, trademark, or other proprietary notices from any portion of the Services;
Download, copy, reproduce, duplicate, modify, create derivative works based upon, distribute, publish, license, lease, sell, resell, transfer, display, perform, transmit, stream, broadcast, otherwise exploit the Services except as expressly permitted by Feast, or offer for sale any information contained on or obtained through the Services;
Decompile, reverse engineer, decode, or disassemble the Services (including any underlying idea or algorithm), or attempt to do any of the same, except as may be permitted by applicable law;
Link to, mirror, or frame any portion of the Services;
Use cheats, automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;
Exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
Use the Services for illegal, harassing, unethical, or disruptive purposes;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
Violate any applicable law or regulation in connection with your access to or use of the Services;
Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair any aspect of the Services or its related systems or networks, or interfere with any other party's access to or use of the Services or use any device, software, or routine that causes the same; or
Access or use the Services in any way not expressly permitted by these Terms.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Feast does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Third Party Services and Materials.
Third Party Services. The Services connect you with Restaurants and Couriers, both of whom are considered third party providers. Couriers may include (a) Transportation Network Company drivers, which are drivers who provide transportation services using an online application or platform that connects drivers using their own personal vehicles with passengers, (b) Transportation Charter Permit holders, or (c) holders of similar transportation permits, authorizations or licenses. Couriers operate as independent contractors and not Feast employees, partners, agents, joint ventures, or franchisees, but are bound by independent contractor agreements with Feast that require Couriers to comply with applicable laws. Feast is not liable for Restaurants’ compliance with applicable laws, and does not guarantee the quality of Restaurant Orders or independently verify statements or descriptions provided by Restaurants with respect to Restaurant Offerings as part of the Services. Feast is not liable for (i) delivery services provided by Couriers, or (ii) errors, statements, or misrepresentations made by either Couriers or Restaurants. You acknowledge and agree that Feast is not a retail store, restaurant, food preparation entity, food delivery platform, or merchandise delivery platform. Unless otherwise agreed by Feast in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH FEAST AS A PROVIDER OF TRANSPORTATION, LOGISTICS, OR DELIVERY SERVICES OR AS A COMMON OR TRANSPORTATION CARRIER.
Third Party Materials. In addition to content made available by Restaurants, the Services may display, include, or make available other third party content (including advertising), data, information, applications, or materials (“Third Party Materials”) that Feast does not control. By using the Services, you acknowledge and agree that Feast is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or third party websites, and that different terms of use and privacy policies may apply to your use of such Third Party Materials. Feast does not warrant or endorse such Third Party Materials and in no event shall Feast be responsible or liable for any Third Party Materials, third party services, or third party websites, or for any other materials, products or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials or third party website, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
User Provided Content.
Your User Content. Feast may, in Feast's sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Feast through the Services textual, audio, and/or visual content and information, including initiation of support requests and submission of entries for competitions and promotions (”User Content”). Any User Content provided by you remains your property. However, by providing User Content to Feast, you grant Feast a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Feast's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By posting or submitting your User Content through the Services, you represent and warrant that (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Feast the license to the User Content as set forth above, and (b) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Feast's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Feast in its sole discretion, whether or not such material may be protected by law. Feast may, but shall not be obligated to, review, monitor, or remove User Content, at Feast's sole discretion and at any time and for any reason, without notice to you.
Notice of Infringement – DMCA Policy. If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service(s);
Information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: ClubFeast, Inc., 1015 Fillmore St. #26120, San Francisco, CA 94115; or by e-mail to support@clubfeast.com . It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Ownership.
Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials are protected under copyright, trademark, and other intellectual property laws. You agree that Feast and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works. Neither these Terms nor your use of the Services convey or grant to you any rights (a) in or related to the Services except for the limited license granted above, or (b) to use or reference in any manner Feast's company names, logos, product and service names, trademarks, or services marks, or those of Feast's licensors.
Ownership of Trademarks. Feast’s name, “Feast” or “ClubFeast,” the Feast logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Feast or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Feast, and Feast may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Feast any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback.
Telephone Calls.
You agree that Feast may contact you by telephone at any of the phone numbers provided by you or on your behalf in connection with an Feast account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. Please refer to our Privacy Policy located at https://www.order-clubfeast.com/privacy.
DISCLAIMERS, Limitation of Liability and Indemnification.
Disclaimers. Your access to and use of the Services are at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FEAST, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “FEAST ENTITIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, THE FEAST ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO (A) THE RELIABILITY, SECURITY, COMPLETENESS, ACCURACY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, (B) WHETHER THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, (D) THE OPERATION OR COMPATIBILITY WITH ANY APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FEAST ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. FEAST DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF COURIERS OR RESTAURANTS, INCLUDING ACCURACY OF ALLERGEN AND DIETARY INFORMATION PROVIDED BY RESTAURANTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE FEAST ENTITIES BE LIABLE (A) FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE FEAST ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FEAST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT COURIERS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT FEAST HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY COURIERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE FEAST ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE FEAST ENTITIES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. By entering into these Terms and accessing or using the Services, you agree to indemnify and hold the Feast Entities harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees and costs), arising out of or in connection with (a) your access or use of the Services, (b) your breach or violation of any of these Terms or any applicable law or regulation, (c) Feast's use of your User Content, (d) your violation of the rights of any third party, including Restaurants and Couriers, or (e) your negligence or wilful misconduct.
Arbitration and Class Action Waiver.
Informal Process First. You agree that in the event of any dispute between you and the Feast Entities, you will first contact Feast and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
Arbitration and Class Action Waiver. By entering into these Terms and accessing or using the Services, you agree that you are required to resolve any claim that you may have against Feast on an individual basis in arbitration. You and Feast agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Feast, and not in a court of law. You and Feast agree that any claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Feast are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Feast will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration. Your responsibility to pay any JAMS filing, administrative, and arbitrator fees will be as set forth in the JAMS Rules. However, if your claim for damages does not exceed $10,000, Feast will pay all such fees, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose.
Arbitration Location. Unless you and Feast otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Feast submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to info@clubfeast.com or to 1015 Fillmore St. #26120, San Francisco, CA 94115. The notice must be sent to Feast within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Feast also will not be bound by them.
Additional Provisions.
Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Feast will terminate automatically. Additionally, Feast may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Feast deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Feast may, but is not obligated to, delete any of your User Content. Feast shall not be responsible for the failure to delete or deletion of your User Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Feast or you. Termination will not limit any of Feast’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Feast for which monetary damages would not be an adequate remedy and Feast shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security. or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Miscellaneous. You may not assign these Terms without Feast's prior written approval. Feast may freely assign these Terms without your consent including to (a) a subsidiary or affiliate, (b) an acquirer of Feast's equity, business or assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Feast, or any Restaurant or Courier, as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Feast's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Feast in writing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco, California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 13 or to any arbitrable disputes as defined therein. You and Feast agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Tips. In CA and NY, Club Feast distributes 100% of all tips to our Delivery partners. Distribution of tips is made within 72 business hours from making the delivery alongside the pay for the deliveries. Payment to delivery partners is done via our payment processing partner Branch, at no cost to the delivery partner.
Contact Us. You may contact us regarding the Services or these Terms at: Contact Us. You may contact us regarding the Services or these Terms at: Contact Us. You may contact us regarding the Services or these Terms at: 1015 Fillmore St. #26120, San Francisco, CA 94115, by e-mail at info@clubfeast.com.
Auto-Renewal Notice:
Unless you notify us before your weekly subscription period renewal date that you want to cancel or that you do not want to automatically renew your subscription, you understand and agree that your subscription will automatically continue and renew every week, and you authorize us to charge your payment method the applicable subscription price every week.