Terms and Conditions of Use
The following terms and conditions (the “Terms”) form a binding agreement between You and us. Please review the following Terms carefully. By using the Site, You are agreeing to these Terms, and these Terms will govern Your use of the Site and the Services (defined below). If You do not agree to these Terms, You must cease use of the Site and Services. The terms “WAWIO”, “us”, “we” or “our” refers to WAWIO, the owner of the Site and Services. The term “You” or “Your” refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
•You must be 13 years or older to use this Service.
•You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
•You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
•You are responsible for maintaining the security of your account and password. WAWIO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
•You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
•You must not misrepresent yourself or take on the identity of someone else while using this service.
•One person or legal entity may not maintain more than one free trial account.
•You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While WAWIO prohibits such conduct and Content on the Service, you understand and agree that WAWIO cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
WAWIO provides online ordering services (our “Services”) that make it easy for You to share and distribute content via our proprietary platform. In order for us to provide You with the Services, You must (i) allow WAWIO to retrieve, distribute and access Your Content (as defined below) as well as (ii) combine Your Content with our proprietary platform, which may include our sharing, tracking and other capabilities. One of the basic functions of the Services is to maximize distribution of Your Content, and as such, You agree to allow us to reference Your Content on our Site and other delivery points and distribute Your Content to various delivery points.
Site and Services Modification
We retain all right to determine the features and capabilities included as part of the Site and the Services. We may include features and capabilities that link to third-party services, content, advertisements, applications, widgets or websites from the Site, Services. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand that WAWIO uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We reserve the right to modify, suspend, or discontinue the Site and the Services or modify the Terms from time-to-time, with or without notice to You, and we are not liable to You or any third party should we exercise such right. If You object to any such changes, Your sole recourse is to discontinue using the Site and the Services. Continued access and/or use of the Site and/or the Services following notice of any such changes shall indicate Your assent to and acceptance of such changes.
In order to provide certain Services, You must allow us to use raw data related to the use and distribution of Your Content (“Data”) that will be collected as part of the Services. You hereby grant WAWIO a non-exclusive, perpetual, worldwide and irrevocable right and license to utilize the Data to track, extract, compile, synthesize, aggregate, and analyze such Data, including, but not limited to, the creation of anonymous and promotional tracking data (“Tracking Data”). We reserve the right to use, reproduce, distribute and display Tracking Data, in our sole discretion.
Non-Confidentiality and Security
Disclaimers of Warranty
THE SITE, SERVICES, AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAWIO, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. WAWIO, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE, PLATFORM, OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND PLATFORM, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL WAWIO, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT. WAWIO, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WAWIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF WAWIO TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THESE TERMS WITHIN THE LAST TWELVE (12) MONTHS, AND (B) FIFTY DOLLARS (U.S. $50.00).
You agree to defend, indemnify and hold harmless WAWIO, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site, Services, or Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) the distribution of Your Content; or (v) any claim that Your Content or Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Platform and/or API.
ADJUSTMENT AND ADJUDICATION OF DISPUTES: Any controversy, claim, or breach arising out of or relating to this EULA that the parties are unable to resolve to their mutual satisfaction should be brought to the Superior Court of Stanislaus County, the State of California, in the United Status of America. All parties expressly waive all other jurisdictions. If any provision or terms of this EULA are held to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. In the event of litigation, the prevailing party may recover court costs and reasonable attorney’s fees.
If you have any issue regarding your order, we request your consider the following statements. We are an online order service provider and hold no responsibility in regards to the order placed, sent, issued to the restaurant of your choice. In the event of any order complications or inquiries, you may contact the restaurant you have ordered from with your reference number. We do not hold any responsibility for the delivery, pickup, or take out of your order as we have no ability to regulate such activities. Any questions or concerns should be addressed to the restaurant directly.