The Services is owned and operated by Hungry Voice, LLC. Our merchant offers available on the Services and the HV Apps is solely a facilitator of communications between the merchant members and users. Unless expressly stated otherwise on the Services or the HV Apps, the goods and menu items featured on the Services and the HV Apps are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or menu items offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Services and the HV Apps should be directed to the appropriate merchant members. Merchants can be Restaurants or any business type that subscribes to the Hungry Voice ordering Services.
Additional terms and conditions may be applicable to Delivery and or Pick Up services offered by the merchant. Please note that in our sole discretion at any time and with or without notice, we may offer further incentives or promotions, shorten or extend the duration of any incentive or promotion program and/or terminate or modify any incentive or promotion program. We reserve the sole right to stop Services to both Users and Merchants at any time for any reason.
PROMOTIONS; DISCOUNTS; COUPONS
Promotions and discounts that may be made available from time to time on the Services, the the HV Apps are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, HV reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any promotions and/or discounts, in each case, in whole or in part, at any time without notice and for any or no reason.
All Merchant promotions, discounts, offers and or otherwise promoted via the HV Services are the sole responsibility of the merchant at all times. HV will not honor, enforce or otherwise manage offers made to user by merchants. User must deal with merchants directly.
The information contained on the Services and the HV Apps regarding prices, specifications and availability of the products and/or services listed on the Services and the HV Apps has been provided by merchant members, merchant affiliates or third party partners. Merchant members advised us that the prices charged by merchant members on the Services and the HV Apps are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or dine-in at the time an order for services is fulfilled, as applicable. Although HV attempts to make certain that the prices, specifications and availability listed on the Services and the HV Apps and those posted in the stores on the date they are viewed on the Services and the HV Apps are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on the Services and the HV Apps. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchant members that use third party delivery services may sometimes be different than those charged in their physical stores.
To calculate the total price of an order you placed on the Services or the HV Apps, merchant members use the information collected at the time you placed such order on the Services and/or the HV Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. For example, in case of an order you placed on the Services or the HV Apps for delivered services, if you entered the wrong information regarding the number (e.g., “5” bagels instead of “6”) or type (e.g., “steak” instead of “salad”) of items, your order may be updated by the merchant member. Additional fees and charges may apply as a consequence of such an update. Further, certain products and/or services may no longer be available after merchant members review and/or update your order. We will of course let you know of any price update as your order is being processed assuming you are reachable and have accepted notifications on the HV platform.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While HV has undertaken to confirm the accuracy of the information contained on the Services and the HV Apps, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that the Services or any of the HV Apps contains inaccurate information, please let us know by contacting us at System@hungry1.com
DELIVERY FEES; GRATUITIES
The delivery of certain orders may be subject to a delivery fee charged of the applicable merchant member or third party delivery services provider (and not HV). The delivery fee is displayed on the menu page, the applicable merchant member page and/or the checkout page on the Services and will be added to the total amount due at checkout for the applicable order which you are responsible to pay for. Delivery fees are nonrefundable. If for any reason the delivery fee was not present, you agree to discuss the charges with the merchant not HV.
Gratuity (also referred to as a tip) is always optional. As a courtesy, the Services and/or the HV Apps may display an option to add a tip to the sub-total of an eligible order at checkout. However, certain orders may not be eligible for such option (for example when a third party delivery services provider is being used for the delivery of such orders.) Under our standard contract, merchant members are obligated to remit gratuities, less applicable credit card processing fees charged by the credit card processor, to their respective delivery personnel. You can always give delivery personnel a cash tip at the time your order is delivered. HV does not employ any delivery personnel at the time of this notice.
PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE OR THE HV APPS
By using the Services or any of the HV Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:
(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated;
(B) that you are at least twenty one (21) years of age or older;
(C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products; (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b));
(D) that sale and delivery of alcohol beverages and/or tobacco products to you is made by the participating merchant members and NOT HV;
(E) that HV is a separate business and is not affiliated with any of the merchant members selling alcoholic beverages or tobacco; for clarity, HV is a shopping cart software only.
(F) that neither HV nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "HV Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; and
(i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
NON-HV CONTENT, PRODUCTS AND SERVICES; USER SUBMITTED CONTENT
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Services, the POS, the HV Apps, by anyone other than authorized HV employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Services, the POS , the HV Apps.
By submitting any information or content to or by otherwise accessing and/or using the Services, the POS the HV Apps you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Services, the POS , the HV Apps, whether provided by HV, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Services, the POS, the HV Apps, including their quality.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
The Services and the HV Apps may use Google® application programming interfaces (API) but are not endorsed or certified by Google, Inc. All of the Google® logos (including all other brands owned by them) and the Google® trademarks displayed on the Services and the HV Apps are the property of Google, Inc.
NO OBLIGATION TO KEEP INFORMATION CURRENT
We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Services, the POS and/or the HV Apps. All materials on the Services, the HV Apps are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Additional disclaimers may be available on merchant services and other partner sites.
In connection with your use of or access to the Services, the POS, the HV Apps. We from time to time may provide you with user names, passwords and/or other unique identifiers (“User Access”). You are responsible for the security and confidentiality of the User Access and agree not to disclose them to any third party, including, if you are accessing the Services, the POS the HV Apps on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Access and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Access are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Access. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Access, if you believe the confidentiality or security of any or all of the User Access has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Services, the POS, the HV Apps. You are limited to one User Code. Duplicate User Access may be revoked. We reserve the right to revoke or modify the User Access at any time with or without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all content, information and data, including orders, that you input or otherwise communicate during your access to and/or use of the Services, the POS, the HV Apps, or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Services, the POS, the HV Apps.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Services, the POS the HV Apps, the Social Media, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES
THE SERVICE, THE POS , THE HV APPS, AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HV PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE, THE HV APPS, THE SOCIAL MEDIA, AND HV PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, THE POS, THE HV APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE, THE POS, THE HV APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. HV PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE, THE POS, THE HV APPS , OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT HV PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE, THE POS THE HV APPS, TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, THE POS, THE HV APPS, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE, THE POS, THE HV APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED
LIMITATION OF LIABILITY
BY USING THE SITE, THE POS THE HV APPS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD HV PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE POS, THE HV APPS, OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, THE POS, THE HV APPS, (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF THE HV PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) (i) you are the person to whom the User Access you used to access the Services, the POS, the HV Apps were issued by us and the information you provided to us in connection with the issuance of the User Access, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Services,the POS, the HV Apps on behalf of the company or organization to whom the User Access you used to access the Services, the POS and the HV Apps were issued by us;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Services, the POS, the HV Apps,
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Services, the POS, the HV Apps,or the Content;
(F) if we grant you access to the Services, the POS, the HV Apps in your individual capacity, you are of the age of majority; and
(H) you are not employed with a competing application provider of the same Services offered by HV. You agree to disclose such employment and agree to a non-compete clause in regards to your use of the applications provided by HV.
LOCATION; GOVERNING LAW