Local Food Delivery Locations In North Carolina | Delivery Chef
Terms Of Service
Delivery Chef ("RDS") named on the website(www.thedeliverychef.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.
We collect information in accordance with our Privacy Policy which is considered an integral part of this Agreement. By agreeing to this Agreement you are acknowledging our Privacy Policy and consenting to our privacy practices as described therein. You may review RDS's Privacy Policy that is set forth here
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.
The Delivery Chef Messaging Terms & Conditions
Effective Date:
This SMS message program is a service of The Delivery Chef. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from The Delivery Chef. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give The Delivery Chef permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. The Delivery Chef reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Delivery Chef also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Delivery Chef, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
By enrolling in the The Delivery Chef messaging program, you also agree to these messaging terms & conditions (Messaging Terms), our The Delivery Chef Terms of Use and The Delivery Chef Privacy Policy.
Cancellation
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that
The Delivery Chef
and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from The Delivery Chef through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
No Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF The Delivery Chef OR ANY PARTY ACTING ON BEHALF OF The Delivery Chef BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO The Delivery Chef HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF The Delivery Chef HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE The Delivery Chef MESSAGING PROGRAM. The Delivery Chef AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
Indemnity
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless The Delivery Chef, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from The Delivery Chef or its service providers.
Dispute Resolution
General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from The Delivery Chef or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND The Delivery Chef ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or The Delivery Chef to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and The Delivery Chef will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND The Delivery Chef AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Delivery Chef agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and The Delivery Chef are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND The Delivery Chef AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Delivery Chef agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if The Delivery Chef makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to The Delivery Chefs contact information provided in the Contact Us section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and The Delivery Chef.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from The Delivery Chef after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
Entire Agreement/Severability
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and The Delivery Chef concerning the Messaging Program.
Contact
Please contact us with any inquiries or concerns at marketing@thedeliverychef.com or call us at: 828-328-2433.
