We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:
1. It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
1. When you register for Munchery we ask for information such as your name and email address.
2. Munchery uses collected information for the following general purposes: products and services provision, geocoding and location mapping, identification and authentication, services improvement, contact, and research.
1. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.
2. Cookies are required to use the Munchery service.
Munchery uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Munchery. Although Munchery owns the code, databases, and all rights to the Munchery application, you retain all rights to your data.
Munchery may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.
Munchery may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Munchery account or by placing a prominent notice on our site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Munchery acts as a venue to allow users who comply with Munchery's policies to offer, sell and buy certain meals or food items within a fixed-price format. Munchery is not directly involved in the transaction between buyers and sellers. As a result, Munchery has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Munchery cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Munchery does not transfer legal ownership of items from the seller to the buyer.
Munchery cannot guarantee the true identity, age, and nationality of a user. Munchery encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Munchery is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Munchery. You use the Munchery service at your own risk.
Age: Munchery's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Munchery may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Munchery's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Munchery of any unauthorized use of your password or any breach of security. You also agree that Munchery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Munchery without Munchery's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Munchery you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Munchery account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Munchery's services are not available to temporarily or indefinitely suspended Munchery members. Munchery reserves the right, in Munchery's sole discretion, to cancel unconfirmed or inactive accounts. Munchery reserves the right to refuse service to anyone, for any reason, at any time.
Munchery charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Munchery may choose to change the fees for Munchery's services, at which point Munchery will give you notice of the change. Such changes are effective immediately. Munchery may, at Munchery's sole discretion, change some or all of Munchery's services at any time. In the event Munchery introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using Munchery.
Fees and Termination: If Munchery terminates a listing or your account, if you close your account, or if the payment of your Munchery fees cannot be completed for any reason, you remain obligated to pay Munchery for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Munchery.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Munchery's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Munchery shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their Munchery shop. These policies include, for example: payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Munchery's site-wide Sellers are responsible for enforcing their own reasonable shop policies. Munchery reserves the right request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Munchery transaction fees, misrepresent the item information, or use another user's account without permission.
Order Processing: Munchery may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Munchery deems appropriate in its sole discretion. Munchery also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Munchery will either not charge you or refund the charges for orders that we do not process or cancel.
Refund Policy: Munchery may grant refund on certain items on a case-by-case basis and is at the sole discretion of Munchery.
Pricing Information: Munchery strives to provide accurate pricing information regarding the products and services available on Munchery. We cannot, however, insure against pricing errors. Munchery reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Munchery will notify you by email. In addition, Munchery reserves the right, at its sole discretion, to correct any error in the pricing.
Product and Service Availability: Munchery may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Munchery cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Munchery attempts to process the order. Should this happen, Munchery will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Munchery determines that a product or service you wish to purchase is no longer available, the item will be canceled from your order. Munchery will notify you by email and delete the item from the Site.
You are solely responsible for your conduct and activities on and regarding to Munchery and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Munchery.
Restricted Activities: Your Content and your use of Munchery shall not:
Re-Posting Content: By posting Content on Munchery, it is possible for an outside website or a third party to re-post that Content. You agree to hold Munchery harmless for any dispute concerning this use. If you choose to display your own Munchery-hosted image on another website, the image must provide a link back to its listing page on Munchery.
Idea Submissions: Munchery considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Munchery shall not be liable for the disclosure or use of such Material. If, at Munchery's request, any member sends Material to improve the site (for example through the Forums or to customer support), Munchery will also consider that Material to be non-confidential and non-proprietary and Munchery will not be liable for use or disclosure of the Material. Any communication by you to Munchery is subject to this Agreement. You hereby grant and agree to grant Munchery, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Munchery does not control the Content provided by users that is made available on Munchery. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Munchery, you agree to accept such risks and that Munchery (and Munchery's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Munchery. Please use caution, common sense, and practice safe buying and selling when using Munchery.
Other Resources: Munchery is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Munchery does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Munchery 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 websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Munchery's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Munchery is not involved with user generated groups, the groups' requirements, or the Meetings.
Munchery does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Munchery does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Munchery may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. MUNCHERY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO MUNCHERY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY MUNCHERY, AND MUNCHERY HAS NO CONTROL OVER THE MONEY, THE USER- GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT MUNCHERY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, MUNCHERY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
In the event a dispute arises between you and Munchery, please contact Munchery.
Should you have a dispute with one or more users, or an outside party, you release Munchery (and Munchery's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Munchery encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Munchery, for the benefit of users, may try to help users resolve disputes. Munchery does so in Munchery's sole discretion, and Munchery has no obligation to resolve disputes between users or between users and outside parties. To the extent that Munchery attempts to resolve a dispute, Munchery will do so in good faith based solely on Munchery's policies. Munchery will not make judgments regarding legal issues or claims.
Munchery, and other Munchery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Munchery, Inc. in the U.S. and/or other countries. Munchery's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Much of the information on Munchery is updated on a real-time basis and is proprietary or is licensed to Munchery by Munchery's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Munchery for any purpose without Munchery's prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, Munchery may, without notice, and without refunding any fees, delay or immediately remove Content, warn Munchery's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
MUNCHERY, MUNCHERY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MUNCHERY'S SUPPLIERS PROVIDE MUNCHERY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MUNCHERY, MUNCHERY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MUNCHERY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MUNCHERY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL MUNCHERY, AND (AS APPLICABLE) MUNCHERY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MUNCHERY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MUNCHERY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MUNCHERY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MUNCHERY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MUNCHERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MUNCHERY AND (AS APPLICABLE) MUNCHERY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Munchery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Munchery's control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Munchery service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Munchery's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Munchery are independent contractors, and no agency, partnership, joint venture, employee- employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Munchery's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Munchery; Attn: Munchery Legal Department; 375 Alabama Street, Suite 300; San Francisco, CA 94110 (in the case of Munchery) or, in your case, to the email address you provide to Munchery (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Munchery may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Munchery. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please contact us at email@example.com
The services hereunder are offered by Munchery Inc., located at 375 Alabama Street, Suite 300; San Francisco, CA 94110.