Cater UR Way - Terms of Use
Last Updated: November 01, 2024
1.Acceptance of This Agreement
These Terms of Use (the “Terms”) apply to the Cater UR Way platform, including all related websites, mobile applications, and customer care services provided by UR Services(“Cater UR Way,” “we,” “us,” or “our”). By accessing or using our Platform, you agree to be bound by these Terms and comply with all applicable laws and regulations.If you use the Platform on behalf of an organization, you represent that you have the authority to bind that entity to these Terms. If you do not agree, you may not use the Platform.
2.Description of Services; Independent Providers
Cater UR Way is a platform that connects users with food providers for workplace catering and bulk orders. We facilitate orders between users, independent food providers and delivery services. Cater UR Way does not own, control, or manage any food providers listed on the Platform. You acknowledge that any issues, concerns, or complaints regarding the food should be addressed directly to the respective provider.
Delivery Services
By using Cater UR Way, you understand that deliveries will be handled by our affiliated delivery service provider ("DSP"). While Cater UR Way facilitates the ordering and coordination of delivery, the DSP is responsible for the actual transportation of goods. The following terms apply to delivery services:
Delivery Timing and Responsibility:
We strive to provide accurate delivery times but cannot guarantee exact arrival times due to variables such as traffic, weather, and high demand. Cater UR Way and the DSP are not liable for delays caused by factors beyond reasonable control.
Condition of Goods Upon Delivery:
The DSP takes reasonable steps to ensure that orders are handled and transported safely. Upon delivery, you are responsible for inspecting the items. If there is a discrepancy in the order or damage to the items, please report it within [specify time frame, e.g., 24 hours] for assistance.
Liability for Loss or Damage:
Our DSP takes responsibility for the safe transportation of orders up to the point of delivery. However, Cater UR Way and the DSP are not liable for any damages or losses that occur after the order has been delivered and accepted.
Delivery Limitations:
Deliveries are subject to availability based on your location and the scope of services offered by the DSP. In some cases, delivery may be unavailable or subject to additional fees based on distance, order size, or special handling requirements.
Customer Responsibility:
You agree to provide accurate delivery information and ensure someone is available to receive the order at the specified location. The DSP reserves the right to charge a fee or cancel the order if delivery cannot be completed due to inaccurate information or lack of availability at the delivery site.
3.Eligibility
By using this Platform, you represent that you are at least 18 years old and that you have not been banned from using the Platform. If you are using the Platform on behalf of a business entity, you confirm that you have the authority to bind that entity to these Terms.
4.Account Registration and Use
To access certain features, you may need to create an account and provide accurate information. You are responsible for safeguarding your account credentials and notifying us of any unauthorized use. Cater UR Way is not liable for any losses arising from unauthorized account use. By registering, you consent to Cater UR Way contacting you regarding Platform updates or account activity.
5.Intellectual Property
All rights to the Platform, including all intellectual property rights, are owned by Cater UR Way or our licensors. You may only use the Platform as expressly permitted by these Terms. Unauthorized use of the Platform, content, or trademarks is strictly prohibited and may violate applicable laws.
6.User Content
By posting or submitting content (e.g., reviews, photos) on the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and display such content for the purpose of promoting the Platform. You are solely responsible for your content and agree not to post anything that infringes others’ rights, is defamatory, or violates Texas law.
7.Communications
By using our Platform, you consent to receive communications, including emails and text messages, related to Platform updates or your account. You may manage your preferences, but opting out of certain communications may limit your use of the Platform.
8.Payments, Cancellations, and Refunds
8.1 Payment Authorization:
By placing an order, you authorize us and our third-party payment processors to charge the payment method provided. Payments are final, and refunds are subject to our or the provider’s policies.
8.2 Cancellations and No-Shows:
Orders canceled within [provider’s specified cancellation window] may incur fees. If you fail to collect or receive your order at the specified time and location, we reserve the right to charge the full amount.
8.3 Refunds:
Refunds are at the sole discretion of the food provider or Cater UR Way in cases where the food provider or delivery service fails to provide satisfactory service. Contact customer support for refund inquiries.
9.License and Prohibited Use
We grant you a limited, revocable license to access the Platform for lawful purposes only. Any unauthorized use, including for purposes prohibited by these Terms or by Texas law, may result in termination of your account and legal action.
10.Legal Compliance and Privacy
We may disclose your information if required by law or necessary to comply with a legal process. Our Privacy Policy explains how we collect and handle your personal information.
11.Exclusions and Limitations
Some Texas laws may not allow certain warranty exclusions or liability limitations. In such cases, our liability will be limited to the maximum extent permitted by law.
12.Warranties and Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER TEXAS LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13.Limitation of Liability
To the maximum extent permitted by Texas law, Cater UR Way and its affiliates are not liable for any indirect, incidental, special, or consequential damages, including lost profits or data, arising from your use of the Platform or services provided. Our liability shall not exceed the amount paid for the service giving rise to the claim.
14.Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold Cater UR Way harmless from any claims, damages, or losses arising from (a) your use of the Platform, (b) your breach of these Terms, or (c) any violation of Texas law.
15.Third-Party Links and Services
Our Platform may link to third-party websites or offer third-party services. Cater UR Way is not responsible for third-party sites, content, or services, and your interactions with third parties are governed by their terms.
16.Modification and Termination
16.1 Modification of Platform:
We reserve the right to modify or discontinue the Platform at any time, without notice.
16.2 Termination:
We may terminate or suspend your access to the Platform if you violate these Terms. Upon termination, your rights to access the Platform will cease.
17.Intellectual Property Infringement
If you believe your intellectual property has been infringed, please contact us with specific details. We reserve the right to remove infringing content in compliance with Texas intellectual property laws.
18.Arbitration and Class Action Waiver
This section addresses dispute resolution and waivers of specific rights in Texas. Please read it carefully.
18.1 Agreement to Arbitrate:
By using the Platform, you agree that any and all disputes arising out of or relating to these Terms, the Platform, or services provided shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its rules. This provision applies to claims arising before or after termination of these Terms.
18.2 Class Action Waiver:
You agree to bring any claim individually and not as part of a class or collective action. The arbitrator has no authority to consider class or representative claims. This class action waiver is essential to this agreement. If a court deems this waiver unenforceable, this entire arbitration provision will be null and void.
18.3 Texas Opt-Out Right:
You may opt out of arbitration by notifying us in writing within 30 days of first agreeing to these Terms. Send opt-out notices to admin@uratx.com. Failure to opt out means you waive your right to litigate disputes in court.
18.4 Arbitration Process and Location:
Arbitrations will take place in Travis County, Texas, unless both parties agree otherwise. Each party is responsible for its own attorney’s fees, but filing and arbitrator fees will be paid by us if required to make arbitration accessible.
18.5 Exception:
Claims related to theft, intellectual property infringement, or small claims may proceed in court rather than arbitration.
19.Governing Law and Jurisdiction
These Terms are governed by the laws of Texas. Any dispute not resolved by arbitration will be adjudicated in the courts of Texas, and both parties consent to the exclusive jurisdiction of Texas courts.
20.Changes to These Terms
We may update these Terms periodically. Continued use of the Platform following any changes indicates acceptance of the modified Terms.
21.General Provisions
21.1 Force Majeure:
We are not liable for any delays or failures caused by events beyond our control, including natural disasters or government actions.
21.2 Severability:
If any part of these Terms is found unenforceable, the remaining provisions will continue in effect.
21.3 Entire Agreement:
These Terms constitute the entire agreement between you and Cater UR Way and supersede any prior agreements.
22.Rewards Tax Responsibility Notice
Please note that it is the client’s responsibility to report any rewards or benefits received from the URewards Program that exceed $600 in a calendar year to the appropriate tax authorities. Clients are responsible for paying any applicable taxes on these rewards.If you redeem rewards valued over $600 within a single year, you may need to report this as income. If you require a tax form (1099-MISC) from us, please reach out to our support team, and we’ll be happy to assist you with the necessary documentation.Thank you for being part of URewards and for understanding these requirements to ensure full compliance.
Contact Us
If you have questions or concerns about these Terms, please contact us at:
admin@uratx.com