Terms & Conditions

These terms of use (the "Terms of Use") govern your use of our website www.URBISTRO.com (the "Website") and our "URBISTRO LLC" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading and/or even merely using the Platform, you shall be contracting with URBISTRO LLC and you provide your acceptance to the Terms of Use and other URBISTRO LLC policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy etc.) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. The Platforms will be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

USE OF PLATFORM AND SERVICES

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation to price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. URBISTRO LLC does not have any kind of control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. URBISTRO LLC may, however, offer support services to Merchants in respect to order fulfillment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants. URBISTRO LLC is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. URBISTRO LLC cannot and does not guarantee that the concerned Buyers and/or Merchants shall perform any transaction concluded on the Platform. URBISTRO LLC is not responsible for unsatisfactory services or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

URBISTRO LLC is operating an e-commerce platform and assumes and operates the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall URBISTRO LLC hold any right, title or interest over the products nor shall URBISTRO LLC have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant. You agree and acknowledge that we shall not be responsible for:

  • The goods provided by the shops or restaurants including, but not limited, serving of food orders suiting your requirements and needs;
  • The Merchant’s goods not being up to your expectations or leading to any loss, harm or damage to you;
  • The availability or unavailability of certain items on the menu;
  • The Merchant serving the incorrect orders.

The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability. All Menu & Food Images used on our platforms are only representative and shall/might not match with the actual Menu/Food Ordered, URBISTRO LLC shall not be responsible or Liable for any discrepancies or variations on this aspect.

11. NO WARRANTIES/LIMITATION OF LIABILITY

ALTHOUGH WE TAKE OUR CUSTOMERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, INCLUDING ANY DELIVERY SERVICES, PLEASE CONTACT THE RESTAURANT DIRECTLY. YOUR ORDER IS BETWEEN YOU AND THE RESTAURANT FROM WHICH YOU ORDER, AND URBISTRO IS NOT AN ACTUAL PARTY TO ANY SUCH ORDER. IF YOU AND THE RESTAURENT CANNOT COMETO A FINAL RESOLUTION, WE WILL BE GLAD TO ASSIST BOTH PARTIES.

THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, CARLIFORNIA, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.   

THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS, INCLUDING WITH RESPECT TO ALLERGY INFORMATION AND/OR FOOD PREPARATION STANDARDS.  WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES AND/OR THE CONTENT.  THE SERVICES AND THE CONTENT CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT ON THE SERVICES OR IN THE CONTENT DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AND THE CONTENT AT ANY TIME WITHOUT NOTICE.

WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.

 

Personal Information that you provide

If you want to use our service, you must create an account on our Site. To establish your account, we will ask for personal information that can be used to contact or identify you, which may include your name, phone number, and e-mail address. We may also collect demographic information about you, such as your zip code, and allow you to submit additional information that will be part of your profile. Other than basic information that we need to establish your account, it will be up to you to decide how much information to share as part of your profile. We encourage you to think carefully about the information that you share and we recommend that you guard your identity and your sensitive information. Of course, you can review and revise your profile at any time.

You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We shall not be responsible for any delay in the delivery of your order due to the delay at seller/merchant end for order processing or any other unavoidable circumstances.

Your order shall be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion and reserve the right to charge with additional delivery fee if required.

You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding. You understand that our liability ends once your order has been delivered to you.

You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you shall not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You shall be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.

ACTIVITIES PROHIBITED ON THE PLATFORM

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites, and Applications. URBISTRO LLC reserves the right to investigate and take appropriate legal action/s against anyone who, in URBISTRO LLC sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

  • Using the Websites, or APP for any purpose in violation of laws or regulations;
  • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by URBISTRO LLC in its sole discretion or pursuant to local community standards;
  • Posting Content that constitutes cyber-bullying, as determined by URBISTRO LLC in its sole discretion;
  • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  • Posting telephone numbers, street addresses, or last names of any person;
  • Posting URLs to external websites or any form of HTML or programming code;
  • Posting anything that may be "spam," as determined by URBISTRO LLC in its sole discretion;
  • Impersonating another person when posting Content;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of URBISTRO LLC , exposes URBISTRO LLC or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  • Encouraging other people to engage in any prohibited activities as described herein.

URBISTRO LLC reserves the right but is not obligated to do any or all of the following:

  • Investigate an allegation that any Content posted on the Websites does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
  • Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  • Terminate a user's access to the Websites upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any Content on the Websites; and
  • Edit or delete any Content posted on the Websites, regardless of whether such Content violates these standards.

PAYMENT

URBISTRO LLC reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. URBISTRO LLC does not store your credit card or payment information. You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. Insofar as required, URBISTRO LLC takes responsibility for payments made on our Platforms including refunds, charge backs, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

You pay for orders via the Services.  You agree that UrBistro may immediately authorize your credit card to pay for any order made under your account. Fees and taxes shall be applied to every order, and any order fees that are associated with our services   

You must keep your Password strictly confidential.  You are responsible for all activities and charges that occur under your account.  Your liability for such charges shall continue after termination of this Agreement.

If by any chance you have a question about an un-authorized transaction on your account, please contact our customer service as soon as possible.

CUSTOMER MEMBERSHIP PROGRAM

You may elect to participate in our Customer Membership Program with respect to certain restaurant locations by signing up on our Platform for a monthly fee. In return, you will be entitled to discounts on orders from the participating restaurant locations for which you order from.  Note that certain restaurants and/or restaurant locations may choose not to participate in the Customer Membership Program. 

Under the Customer Membership Program, discounts shall only apply to one (1) order per day per restaurant location.  Discounts are only applied to orders placed through the Services.

Membership in the Customer Membership Program is non-transferable.  Accordingly, as a Member, you may not permit any other person (s) to place orders under your account.  If we find that you have been transferred to an individual who is not a Member, UrBistro may cancel your membership immediately without liability.

Members are required to comply with the terms and conditions of this Agreement as well as any additional terms and conditions set forth by the applicable restaurant in respect of the Customer Membership Program.  Please be aware that the restaurants may place additional restrictions and limitations on participation in the Customer Membership Program, such as caps on orders eligible for discounts.

REFERRAL PROGRAM

UrBistro allows users to invite restaurants, friends and family to sign up for our Services. In return, we offer a promotional value for every sign up and order placed through their referral links. Sometimes, our system uses your account to send referral emails, SMS messages, or other communications to contacts you select in your address book. By sending a referral, you also consent to UrBistro sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. UrBistro will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails.

Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. Users may not send any referral emails, SMS messages, or other communications to children under the age of 18.

INTELLECTUAL PROPERTY

The Services contain material, such as software, hardware, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of UrBistro.  The Content may be owned by us or by third parties that we are associated with.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws. 

  • You have no rights in or to the Content, and you will not use the Content except as permitted under this agreement.  You have no rights without prior written consent from urBistro LLC.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
     
  • You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or network is not permitted. If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

AMENDMENTS

URBISTRO LLC reserves the right to change or modify these Terms at any time by posting changes on the Platform. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

CANCELLATION

URBISTRO LLC can cancel any order anytime due to the foods/products unavailability, out of coverage area and any other unavoidable circumstances.

Updated: 03:12:2022
admin@urbistro.com
www.urbistro.com