Terms Of Service
Express Waiters, LLC ("RDS") named on the website(www.expresswaiters-onlineorders.com) from which you accessed these terms (the "RDS," "we," "us," or "our"), provides restaurant delivery services to you (the "Services"). RDS uses the website (the "Site") to deliver the Services. We may also make a mobile application available that you may use to access the Services (the "App" and together with the Site, the "Platform"). These Terms of Delivery Service (the "Agreement) govern your use of the Platform and your receipt of the Services.
We have partnered with Data Dreamers, L.L.C. ("Data Dreamers") to assist us in creating and managing the Platform. Data Dreamers provides us a service of distributing and maintaining the Platform on our behalf. You acknowledge however that Data Dreamers is not a party to this Agreement and has no liability in connection with the provision of Services to you. ACCORDINGLY IN NO EVENT SHALL DATA DREAMERS HAVE ANY LIABILITY IN CONNECTION WITH YOUR RIGHTS UNDER THIS AGREEMENT, NOR IN CONNECTION WITH THE SERVICES THAT WE PROVIDE TO YOU.
By installing the App or accessing the Site, you are agreeing to the terms of this Agreement between you and RDS. By using the Platform you agree to adhere to all the guidelines, policies, terms and conditions described in this Agreement. This Agreement is legally binding. If you do not agree to these guidelines, policies, terms and conditions then you must not use the Platform.
1. Permission to Use the Site. Subject to your acceptance and continue adherence to the terms and conditions of this Agreement, you are hereby granted a limited permission (i) to access and use the Site through compatible browser software, and (ii) to use, perform, and display the App on a compatible mobile computing device (e.g., an iPhone) that you own or control (your "Mobile Device"), in all cases solely to submit Delivery Orders in accordance with this Agreement.
2. Usage Restrictions. You may not use, copy, modify or transfer the Platform or any component of the Platform, in whole or in part. You may not reverse engineer, disassemble, decompile, or translate the Platform, attempt to derive the source code of any software comprising the Platform, create any derivative work from the Platform, or authorize any third party to do any of the foregoing. Any attempt to transfer any of the rights, duties or obligations under this Agreement is void. You may not rent, lease, loan, resell for profit, or distribute the Platform, or any part thereof, nor may you provide access to the Platform for third parties in the nature of a service bureau or application services provider. You may not remove or alter any proprietary notice or legend regarding Data Dreamer's proprietary rights in the Platform. You may not use the Platform except in accordance with applicable laws and regulations.
3. Ownership of Intellectual Property Rights. The App is licensed to you, not sold, and you are only permitted to use the Site for the sole purpose of submitting Delivery Orders. You acknowledge that RDS and its licensors own and retain all proprietary rights in the Platform (including all Upgrades thereto). The Platform includes copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of RDS, and its licensors. There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved. You agree that any questions, comments, or suggestions (collectively, "Feedback") that you send to us shall become the sole property of RDS. You further agree that RDS shall be free to use and exploit in any manner any ideas, concepts, know-how, methods, or techniques contained in such Feedback for any purpose without your consent and without payment of any consideration to you, you hereby assign all rights, title and interest in such Feedback to RDS.
This Agreement may contain certain supplemental terms, that are located below. In the event of a conflict between the terms located below and the terms provided above, the terms provided above shall always supersede and govern.
EXPRESS WAITES LLC TERMS OF SERVICE FOR ALCOHOL AND TOBACCO Purchase
CONDITIONS OF USE
Express Waiters in connection with the services we provide for facilitating the safe, convenient and responsible sale of alcohol beverages and Tobacco (collectively, the Express Waiters Alcohol Services and Tobacco ). Express Waiters provides the Express Waiters Alcohol or Tobacco Services subject to the conditions listed below (the Conditions of Use).
By using Express Waiters Services, you agree to these Conditions of Use. Please read them carefully.
Express Waiters promotes the sale and delivery of alcohol beverages and tobacco by duly licensed retail merchants. Alcohol beverages or Tobacco are a heavily-regulated commodity. Consequently, as a condition of accessing the Express Waiters Website and using the Express Waiters Alcohol and Tobacco Services, you expressly and affirmatively acknowledge and agree to the following:
1. Express Waiters DOES NOT SELL ALCOHOL BEVERAGES OR TOBACCO
2. Express Waiters OFFERS INFORMATION AND A METHOD TO CONNECT DULY LICENSED, PARTICIPATING RETAIL MERCHANTS TO YOU AND OTHER LAWFUL CUSTOMERS SEEKING TO PURCHASE ALCOHOL BEVERAGES OR TOBACCO.
3. EACH PARTICIPATING RETAILER IS THE SELLER OF RECORD FOR THE PARTICULAR PRODUCTS IT PROMOTES VIA THE Express Waiters WEBSITE AND THE Express Waiters ALCOHOL and TOBACCO SERVICES, AND SELLS TO YOU AND OTHER CONSUMERS. Express Waiters HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SALE OF ALCOHOL BEVERAGES and TOBACCO PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY PARTICIPATING RETAIL MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR OTHER THIRD PARTY.
4. Express Waiters HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF YOU OR ANY CUSTOMER THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL BEVERAGES PROMOTED BY OR ACQUIRED THROUGH THE Express Waiters ALCOHOL SERVICE.
5. YOU WILL NOT USE THE Express Waiters ALCOHOL and TOBACCO SERVICES UNLESS YOU ARE 21 YEARS OF AGE OR OLDER, AND YOU WILL NOT FURNISH ALCOHOL BEVERAGES or TOBACCO OBTAINED THROUGH THE Express Waiters ALCOHOL and TOBACCO SERVICE TO ANY PERSON WHO IS NOT A LAWFUL CONSUMER, i.e., SOMEONE WHO IS EITHER (i) UNDER 21 YEARS OF AGE, OR (ii) OBVIOUSLY INTOXICATED, APPARENTLY INTOXICATED, OR KNOWN TO BE A HABITUAL DRUNKARD WITHIN THE MEANING OF THE LAWS GOVERNING THE STATE IN WHICH YOU RESIDE.
GENERAL APPLICABILITY OF THESE CONDITIONS OF USE
These Conditions of Use shall be governed in all respects by the laws of the State of Hawaii without giving effect to its conflicts of law provisions. Both you and Express Waiters submit to the personal jurisdiction of and venue in the state and federal courts in the State of Hawaii, in the judicial district that includes Hilo, Hawaii. Subject to the Arbitration provision set forth above, you and Express Waiters further agree that any cause of action arising under these Conditions of Use not governed by arbitration shall be brought exclusively in the aforementioned Hawaii courts.
USE OF THIRD PARTY SERVICES
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Express Waiters or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Express Waiters Services. This license does not include any resale or commercial use of any Express Waiters Service, or its contents; any collection and use of any product listings, descriptions, or prices associated with any good furnished or service provided by any participating retail merchant; any derivative use of any Express Waiters Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or other service terms issued by Express Waiters are reserved and retained by Express Waiters or its licensors, suppliers, publishers, rights holders, or other content providers. No Express Waiters Service, nor any part of any Express Waiters Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Express Waiters. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Express Waiters without Express Waiters' express written consent. You may not use any meta tags or any other hidden text utilizing Express Waiters' name or trademarks without the express written consent of Express Waiters.
Equally important, all goods and services promoted by Express Waiters and sold by participating retail merchants must be purchased, received and consumed responsibly. You may not misuse the Express Waiters Services. You may use the Express Waiters Services only as permitted by law. This includes the following specific responsibilities:
* You must be 21 year of age or older to use the Express Waiters Alcohol and Tobacco Services, and you must be willing and able to certify that you are of legal age for the purpose of purchasing, receiving and consuming alcohol beverages; * You cannot furnish alcohol or tobacco to minors or any other person prohibited by law from having or consuming alcohol beverage, i.e., anyone who is (i) under twenty-one years of age; (ii) visibly or obviously intoxicated at the time of delivery to you, or known by you to be a habitual drunkard; or (iii) otherwise legally ineligible to purchase or take possession of alcohol beverages or tobacco products; * You will provide a bona fide government-issued photo identification upon delivery of any products purchased from a participating retail merchant using the Express Waiters Alcohol and Tobacco Services.
The licenses granted by Express Waiters terminate if you do not comply with these Conditions of Use or any other service terms issued by Express Waiters.
Because Express Waiters does not engage in the sale of alcohol beverages, all sales terms and conditions for products promoted through the Express Waiters Alcohol Services are set and confirmed by the participating retail merchants selling those products. However, the following protocols apply to all sales facilitated by the Express Waiters Alcohol Services: 1. The Customer purchasing the products offered through the Express Waiters Alcohol Services must be the recipient to whom the duly licensed, participating retail merchant delivers those purchased products.
1. Each Customer purchasing alcohol beverages must provide the retail merchant's delivery agent with a government-issued photo identification confirming the recipient's age and identity upon delivery. This identification must be an original instrument, and not a copy, photo or facsimile of an identification document.
2. The name on the proffered identification must match the name on the credit card used by the Customer who purchased and paid for the order. There are no cash transactions for alcohol beverages.
3. If the Customer does not provide sufficient and valid identification to the delivery agent upon delivery (or if the identification is deemed by driver in his/her sole discretion, the expertise of which is acknowledged, to be fraudulent, false, or sufficiently in question to warrant rejection) or if the identification provided does not match the name on the credit card used by the purchaser to pay for the order, the Customer agrees that s/he will forfeit the order and the cost of the order will be paid to the participating retail merchant and/or the common carrier in consideration for the time and effort required to prepare, package, and transport the order to the Customer and back to the retailer. In such a case of an unverified or unverifiable identification, the Customer will not be entitled to any refund or return.
RISK OF LOSS
All items purchased using the Express Waiters alcohol service are sold by a duly licensed, participating retail merchant, who is responsible for both the sale and delivery of the purchased products. When the participating retail merchant uses a common carrier to deliver products purchased by you through the Express Waiters Alcohol Services, this means that the risk of loss and title for such items pass to you upon the retail merchant's delivery of those purchased products to the common carrier.
RETURNS, REFUNDS AND TITLE
Express Waiters at no time owns, sell, takes title to, or otherwise possesses any products sold to you by a participating retail merchant through your use of the Express Waiters Alcohol Services. Consequently, any returns must be effected directly through and with the retail merchant who sold such items to you. At the participating retail merchant's sole discretion, a refund may be issued to you without requiring a return. For more information about our returns and refunds, please contact the specific retail merchant who sold the products for which you seek a refund or return.
Express Waiters attempts to be as accurate as possible. However, Express Waiters does not warrant that product descriptions or other content of any Express Waiters Alcohol Service is accurate, complete, reliable, current, or error-free. If a product promoted by Express Waiters itself is not as described, your sole remedy is to return it in unused condition and on a timely basis to the retail merchant who sold it to you in accordance with that retail merchant's return/refund policy.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Express Waiters Alcohol Service represents the full retail price listed on the product itself plus Express Waiters' service fee (i.e., the amount charged and received by Express Waiters in consideration for the informational, technological, and processing services provided to you the customer). We cannot confirm the price of an item until you order. Despite Express Waiters' best efforts, a small number of the items listed on our Website may be mis-priced relative to the participating retail merchant's actual pricing. If the correct price of an item featured by Express Waiters is higher than our stated price, either Express Waiters or the participating merchant retailer will, at our discretion, either contact you for instructions before delivering or cancel your order and notify you of such cancellation.
carefully review their privacy statements and other conditions of use.
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Express Waiters Software, whether in whole or in part, or create any derivative works from or of the Express Waiters Software.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE Express Waiters SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Express Waiters SERVICES ARE PROVIDED BY Express Waiters ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Express Waiters MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Express Waiters SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Express Waiters SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Express Waiters SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Express Waiters DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Express Waiters DOES NOT WARRANT THAT THE Express Waiters SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Express Waiters SERVICES, Express Waiters' SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Express Waiters ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, AND AS CONSIDERATION FOR YOUR USE OF OUR WEBSITE AND THE Express Waiters SERVICES, YOU EXPRESSLY AND AFFIRMATIVELY WAIVE ALL CLAIMS ASSERTING LIABILITY AGAINST Express Waiters OR ENTITLEMENT TO DAMAGES FROM Express Waiters, SO THAT Express Waiters WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Express Waiters SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Express Waiters SERVICE, INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Express Waiters and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Conditions of Use.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
NO WAIVER BY Express Waiters
Express Waiters failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
By Ordering Alcohol. you acknowledge receipt of the policies as listed above. You further acknowledge that you have read, understand, and accept each policy in its entirety, and have indicated so by initialing above. You acknowledge that you have retained the policies in the Policies section for your records. Signature for payment will become part of your student record.