CRAVE ON CAMPUS

TERMS OF USE

 

Last Updated: March 1, 2016

 

Thanks for visiting Crave on Campus! These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by Crave on Campus, Inc.  (“Crave on Campus” or “we”). By clicking [“I Accept”], or otherwise accessing or using the Services, you agree to these Terms.  If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.  Additional terms (including, but not limited to, the terms of third-party payment processors) may apply to particular functionalities and features related to Crave on Campus Service.

 

1. The Services

The Services is a technology platform that enables users to arrange third-party restaurant order pick-up and delivery services between the users on or near college campuses where our Services are available.  Users may be customers submitting orders for delivery ("Customers") or users delivering orders on foot or via bicycle to Customers ("Deliverers").  Deliverer’s order pick-up and delivery is restricted to on or near campus locations, such as dorms or campus sites, and off-campus locations generally within walking or biking distance from campus, in keeping with Crave on Campus’ eco-friendly focus.  You acknowledge that Crave on Campus does not provide the ordered goods or provide the delivery services.

 

1.1  Customers. You acknowledge that Crave on Campus does not provide the ordered goods or provide the delivery services.  You also acknowledge and agree that Crave on Campus does not form any employment or agency relationship with you and that Crave on Campus does not hold title to or possession of any goods that you order from restaurants through the Services.

1.2  Deliverers.  You acknowledge and agree that: (a) our provision of our Services to you creates a direct business relationship between you and Crave on Campus whereby Crave on Campus provides a technology platform that facilitates on-foot or bicycle delivery service between you and Customers; and (b) except as expressly provided for otherwise in a separate agreement between you and Crave on Campus, Crave on Campus does not form any employment or agency relationship with you.  You agree that you will not have the right or authority, expressed or implied, to commit or otherwise obligate Crave on Campus to any third party in any manner.  You retain the sole right to determine when, where, and for how long you will utilize our Services.  Crave on Campus has no right to require you to display our names, logos or colors on your bicycle, or to wear a uniform or any other clothing displaying our names, logos or colors.

2. Privacy

Please refer to our Privacy Policy www.craveoncampus.com/privacypolicy for information about how we collect, use and disclose information about you.

3. Eligibility

In order to access or use our Services, you must be at least 18 years of age. To access or use our Services as a Deliverer, you must be a currently enrolled part-time or full-time student with a valid student identification card and campus email address issued by the university where our Services are available.  In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.  By using the Services, you represent and warrant that you (a) meet the age and university enrollment requirements described, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (c) do not have more than one Crave on Campus account, and (d) have full power and authority to enter into these Terms, a contractual agreement, and in doing so will not violate any other agreement to which you are a party.

4. User Accounts; Account Security; Network Access and Devices

In order to use most aspects of the Services, you must register for an account.  If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account (for example, by not sharing your log-in credentials with anyone else, and by not using the same password on other services) and promptly notify Crave on Campus if you discover or suspect any security breaches related to your account or the Services.  You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.  By creating an account, you agree that the Services and other users may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

You are responsible for obtaining the data network access necessary to use the Services.  Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Crave on Campus does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Communication Preferences

By creating a Crave on Campus account, you also consent to receive electronic communications from Crave on Campus (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in the emails.

6.  Customer Terms of Sale; Deliverer Reimbursement and Payment

6.1  Customers

        Payment.  You understand that use of the Services may result in charges to you for the goods or services you receive from third-party restaurants and Deliverers ("Third Party Providers") and that the charges include applicable taxes as determined and charged by the Third Party Providers.  Crave on Campus uses a third party payment processor to facilitate your payment of the applicable fees and taxes to the Third Party Provider.  Charges paid by you are final and non-refundable, unless otherwise determined by Crave on Campus or the third party payment processor.

        When you place an order for delivery, you will be prompted to specify a payment method.  However, your designated payment card or method will not be charged until a Deliverer accepts your delivery order.  If an order request is not accepted by a Deliverer within 30 minutes, we will notify you and your payment account will not be charged. Crave on Campus will send you a receipt through the Services.

        When you use the Services to submit an order for Third Party Providers' goods and services, you authorize your payment for the purchase and delivery of those orders from the restaurants you select to the destination you designate.  By providing a credit card or other electronic payment method that we accept (each an “Electronic Payment Method”), you represent and warrant that you are authorized to use the designated Electronic Payment Method and that you permit us (or our third party payment processor) to charge your Electronic Payment Method for the total amount of your order and delivery (including any applicable taxes and other charges).  If the Electronic Payment Method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.  You must resolve any problem we encounter in order to proceed with your order.

        Unless otherwise specified in writing by us, you acknowledge and agree that Crave on Campus is not the seller of any goods to you. You agree that your purchase is being made from the restaurants you have selected, and that title to any goods passes to you when they are purchased by the Deliverers at the applicable restaurants.  You further acknowledge and agree that Crave on Campus is not providing any delivery services to you.

        Pricing and Availability.  All prices are shown in U.S. dollars and do not include applicable taxes and other charges, unless we or the Third Party Provider clearly state in writing that a price includes applicable Taxes.  All products and services are offered for sale by Third Party Providers and are subject to availability.  We and the Third Party Providers reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Services without prior notice.  Prices for products and services are subject to change at any time.

        Taxes.  You acknowledge and agree that you are responsible for all applicable sales, use and similar taxes arising from your purchase of products and services from Third Party Providers and your use of our Services.

        Refunds.  If you are dissatisfied with your food order, please contact the restaurant directly.  If you are dissatisfied with the Deliverer's delivery service, please contact us via phone at (800) 735-7712 or email at support@craveoncampus.com and we will try to assist you.

        Errors.  We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing or other product information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

6.2.  Deliverers

Reimbursements; Payment.  You understand that use of the Services requires you to bear certain costs up front.  Once you accept a Customer's delivery order on our Services, you must pay the restaurant directly for the Customer's order and submit a photograph of the receipt to Crave on Campus for reimbursement. Crave on Campus has engaged a third party payment processor to facilitate your reimbursement on behalf of the Customer as well as your payment to us for facilitating the delivery services.  Customers' payment through our selected third party payment processor shall be considered the same as payment made directly to you by the Customers.  You acknowledge and agree that the reimbursement and the delivery fee (less your service fee to us for facilitating the delivery services) are the only payments you will receive in connection with your provision of delivery services, and that your payment does not include any gratuity.

Third Party Payment Processor.  Crave on Campus has integrated with Braintree, a payment processing service and a division of PayPal, Inc. (“Braintree”) to allow Deliverers to accept Electronic Payment Methods from Customers. Deliverers must enroll for such payment processing services with Braintree through the Service.  By using the Braintree payment processing services to accept Electronic Payment Methods you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement-us.  Crave on Campus may from time to time impose limits on  your ability to receive payments through the Service.  Additionally, Braintree may impose its own limits and limitations on a Deliverer’s use of the Braintree payment processing services. Crave on Campus and/or Braintree may also require you to provide information about yourself and/or your transactions if your transactions exceed certain reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting.

Taxes.  You acknowledge and agree that you are responsible for all taxes, licenses, and regulatory fees arising from the performance of your delivery services, including income, gross receipts, sales, use, and other federal, state, and local taxes ("Taxes").  Notwithstanding anything to the contrary in this Agreement, Crave on Campus may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit Taxes resulting from your provision of delivery services directly to the applicable governmental tax authorities on your behalf or otherwise.

Customer Disputes; Errors.  In the event of any customer dispute, or if you feel payments have been made or withheld in error, please contact either Crave on Campus at support@craveoncampus.com or Braintree at support@braintreepayments.com or 877.434.2894.   

 

7. Copyright and Trademark

Our Services, including the text, images, Crave on Campus logos, product or service names, slogans and other content, are owned by or licensed to Crave on Campus. Except as explicitly stated in these Terms, Crave on Campus and our licensors reserve all rights in and to the Services, which includes this content.  

8. Access to Our Services

Except as expressly specified within these Terms, you may access and use our Services solely for your personal, noncommercial use and only as allowed by these Terms and our Community Guidelines craveoncampus.com/community. However, we may suspend or terminate your ability to access and use all or part of our Services at any time and for any reason (or no reason) without notifying you first.  Crave on Campus reserves the right to discontinue all or part of the Services at any time and for any reason.  We are not responsible for any harm related to your inability to access or use our Services.

9. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Crave on Campus or our Services (collectively, “Feedback”) is non-confidential.  You hereby grant to Crave on Campus an exclusive, royalty-free, irrevocable, perpetual, unrestricted worldwide right and license to use, reproduce, transform, create derivative works and disseminate Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.   Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing, marketing and selling products and services incorporating such Feedback. We will have no obligation to consider, use, return or preserve any Feedback you provide to us..

10. Indemnification

You will indemnify, defend, and hold harmless Crave on Campus, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Crave on Campus Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees), arising out of or related to (a) your access to or use of our Services; (b) your or Feedback; (c) your violation of these Terms or our Community Guidelines craveoncampus.com/community; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Crave on Campus or the other Crave on Campus Parties.

11. Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available.” Crave on Campus disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  In addition, Crave on Campus makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability, safety, or availability of the Services or any services or goods requested or delivered through the use of the Services, or that our Services will be accurate, reliable, current, uninterrupted or error-free. While Crave on Campus attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.  CRAVE ON CAMPUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF  ANY USERS OR THIRD PARTY SUPPLIERS (DEFINED BELOW), WHETHER THEY ARE CUSTOMERS, RESTAURANTS FULFILLING ORDERS, OR DELIVERERS. YOU AGREE THAT CRAVE ON CAMPUS, ITS AFFILIATES, RESTAURANT PARTNERS, LICENSORS, OR SUPPLIERS ("THIRD PARTY SUPPLIERS") ARE NOT RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY USER, WHETHER THE USER IS A CUSTOMER OR A DELIVERER.  You agree that the entire risk arising out of your use of the Services, any service or good requested or delivered in connection therewith, lies solely with you, to the maximum extent permitted under applicable law.    

12. Limitation of Liability

Crave on Campus and the other Crave on Campus Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Crave on Campus or the other Crave on Campus Parties have been advised of the possibility of such damages.  Crave on Campus will not be liable for any damages, liability, or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction, relationship, communication, or interaction between you and any other users (Customers or Deliverers), or Third Party Suppliers and third parties, even if Crave on Campus has been advised of the possibility of such damages. The total liability of Crave on Campus and the other Crave on Campus Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of (i) the amount paid, if any, by you to access or use our Services or (ii) $50.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Crave on Campus or the other Crave on Campus Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Release

To the fullest extent permitted by applicable law, you release Crave on Campus and the other Crave on Campus Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, whether by the Customer or Deliverer, and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

14. Dispute Resolution; Binding Arbitration

Please read the this Section 14 carefully because it requires you to arbitrate certain disputes and claims with Crave on Campus and limits the manner in which you can seek relief from us.

Except for any dispute arising out of or related to a violation of our Community Guidelines craveoncampus.com/community or disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Crave on Campus waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Orange County, California before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference.  You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and Crave on Campus agree that any dispute arising out of or related to these Terms or our Services is personal to you and Crave on Campus and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Crave on Campus agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Crave on Campus agree that for any arbitration you initiate, you will pay the filing fee and Crave on Campus will pay the remaining JAMS fees and costs.  For any arbitration initiated by Crave on Campus, Crave on Campus will pay all JAMS fees and costs.  You and Crave on Campus agree that the state or federal courts of the State of California and the United States sitting in Orange County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Crave on Campus will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing support@craveoncampus.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.

15. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Orange County, California.

16. Changes to these Terms

We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We will also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.  If you do not agree to the amended Terms, you must stop using our Services.

17. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. Miscellaneous

You may not assign these Terms without our prior written approval.  Crave on Campus may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business, or assets; or (iii) a successor by merger.  These Terms constitute the entire agreement between you and Crave on Campus relating to your access to and use of our Services. The failure of Crave on Campus to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.