CONSUMER TERMS OF SERVICE
Last Modified: 29/09/2020
PLEASE READ THESE CONSUMER TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE CONSUMER TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Our Service
Lezzoo is an online marketplace that connects you and other consumers with retail stores and restaurants (“Merchants”) and with independent delivery service providers (“Delivery Partners”) to facilitate on-demand delivery or pickup services. Through the Service, you may request that merchandise, food, or other items be made available for pick-up or delivered to you from a Merchant by Delivery Partners who contract with Lezzoo to access the Services and receive delivery opportunities.
Lezzoo provides a technology platform facilitating the transmission of orders by consumers to Merchants for pickup or delivery by Delivery Partners. Lezzoo is not a retail store, restaurant, food delivery platform, merchandise delivery platform or food preparation entity. Lezzoo is not liable or responsible for Merchants’ or Delivery Partners’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. Lezzoo does not guarantee the quality of the products sold via the Service and does not independently verify, and is not liable for, representations made by Merchants regarding the products on the Service.
Lezzoo is not the retailer of any products offered by Merchants, nor is it a common carrier or in the delivery business. Delivery Partners are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Lezzoo. Delivery Partners have entered into independent contractor agreements with Lezzoo, which require them to comply with all applicable federal, state, and local laws, rules and regulations. Lezzoo will not be liable or responsible for any delivery services provided by Delivery Partners, or any errors or misrepresentations made by any Delivery Partners. You hereby acknowledge that Lezzoo does not supervise, direct, control, or monitor a Delivery Partner’s provision of services and expressly disclaims any responsibility or liability for the services performed.
This is a contract between you and Lezzoo. You must read and agree to these terms before using the Lezzoo Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Lezzoo, and only in compliance with these Consumer Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the
Service by anyone under 13 is strictly prohibited and in violation of these Consumer Terms. The Service is not available to any Users previously removed from the Service by Lezzoo.
1.2 Limited License and Restrictions
Subject to the terms and conditions of these Consumer Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Lezzoo reserves all rights not expressly granted herein in the Service and the Lezzoo Content (as defined below). Lezzoo may terminate this license at any time for any reason or no reason.
Without limiting other rules and prohibitions in these Consumer Terms, by using the Services, you agree that: (i) you will only use the Service for lawful purposes; (ii) you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; (iii) you will not engage in conduct that harms other Users, Lezzoo employees, or our community; (iv) you will only use the Service in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; (v) you will only access the Service using means explicitly authorized by Lezzoo; (vi) you will not use the Service to cause nuisance, annoyance or inconvenience; (viii) you will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Delivery Partner, unless Lezzoo has given you prior permission to do so in writing; (viii) you will not copy or distribute the Service or any content displayed through the Service, including Merchants’ menu content and reviews, for republication in any format or media; (ix) you will not compile, directly or indirectly, any content displayed through the Service except for your personal, noncommercial use; (x) you will use the Service only for your own use and will not directly or indirectly resell, license or transfer the Service or content displayed by the Services to a third party; (xi) you will not use the Service in any way that could damage, disable, overburden or impair any Lezzoo server, or the networks connected to any Lezzoo server; (xii) you will not attempt to gain unauthorized access to the Service and/or to any account, resource, computer system, and/or network connected to any Lezzoo server; (xiii) you will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Lezzoo may use to prevent or restrict access to the Service or use of the Service or the content therein; (xiv) you will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites; (xv) you will not scrape or otherwise conduct any systematic retrieval of data or other content from the Service; (xvi) you will not try to harm other Users, Lezzoo, or the Service in any way whatsoever; (xvii) you will not engage in threatening, harassing, racist, sexist or any other behavior that Lezzoo deems inappropriate when using the Service; (xviii) you will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Service; and (xix) you will not attempt to undertake any of the foregoing. In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
1.3 Ratings and Reviews
Certain areas of the Service may allow you to rate (each, a “Rating”) and post reviews (each, a “Review”) of Merchants. Such Ratings and Reviews are considered User Content (as defined below) and are governed by the terms and conditions of these Consumer Terms. Ratings and Reviews are not endorsed by Lezzoo, and do not represent the views of Lezzoo or of any affiliate or partner of Lezzoo. Lezzoo does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. Before posting a Rating or Review, you represent that: (i) you have had first-hand
experience with the Merchant within the 7-day period prior to your review; (ii) you do not have any affiliation with the Merchant or any of its competitors; (iii) you will not draw any legal conclusions regarding the Merchants' products, services, or conduct; and (iv) your Rating and Review complies with these Consumer Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Lezzoo Content (as defined below) and/or the Service may be removed or excluded by us without notice.
1.4 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. [We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a Lezzoo, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Consumer Terms, and that you agree to these Consumer Terms on the entity’s behalf.] [By connecting to Lezzoo with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.]
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Lezzoo immediately of any breach of security or unauthorized use of your User Account. Lezzoo will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Lezzoo your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Consumer Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Consumer Terms.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Lezzoo will have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such
materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Consumer Terms. Lezzoo has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lezzoo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Lezzoo’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Consumer Terms.
For the purposes of these Consumer Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
● You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Consumer Terms, and each such person has released you from any liability that may arise in relation to such use.
● You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
● Your User Content and Lezzoo’s use thereof as contemplated by these Consumer Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
● Lezzoo may exercise the rights to your User Content granted under these Consumer Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
● To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Lezzoo takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You will be solely responsible for
your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lezzoo will not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Lezzoo Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lezzoo and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Consumer Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lezzoo Content. Use of the Lezzoo Content for any purpose not expressly permitted by these Consumer Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lezzoo under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lezzoo does not waive any rights to use similar or related ideas previously known to Lezzoo, or developed by its employees, or obtained from sources other than you.
4. Payment Terms
Certain features of the Service, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees.
You understand that: (i) the prices for product or menu items displayed through the Service may differ from the prices offered or published by Merchants or available via third-party websites for the same product or menu items and that such prices may not be the lowest prices at which the product or menu items are sold; (ii) Lezzoo has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) Lezzoo reserves the right to change the prices displayed through the Service at any time, in its discretion.
Because of the nature of the Service, Lezzoo may not always know how much a Merchant will charge for a particular product or menu item. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in store totals. In those situations, Lezzoo reserves the right to charge your payment method the final price after checkout. Lezzoo reserves the right to determine final prevailing pricing of all product or menu items ordered through the Service. You acknowledge and agree to pay the prevailing pricing and fees, even if they differ from the estimates. You are liable for all transaction taxes on the Service provided under this Agreement (other than taxes based on Lezzoo’s income). Payment will be processed by Lezzoo, using the preferred payment method designated in your User Account.
4.2 Fees for the Service. Lezzoo may charge fees for our Service as we deem necessary or appropriate for our business or to comply with applicable law, including but not limited to [delivery fees, service fees, merchants fees, or surge fees, payment fees].
4.3 Refunds and Returns. Charges paid by you for completed and delivered orders are final and non-refundable and will be quoted in the local currency of the location where the order is being delivered or picked up. Lezzoo has no obligation to provide refunds or credits, but may grant them, in each case in Lezzoo’s sole discretion. If Lezzoo provides you with a credit or refund in one instance, it does not entitle you to a credit in the future for a similar instance, and it does not obligate us to provide any credit or refund in the future, under any circumstance. If an item has to be returned for any reason, you may be subject to a non-refundable return/restocking fee.
4.4 Failure to Collect Order and Cancelled Orders. Lezzoo reserves the right to charge you the full order amount, including any fees for our Services, if you are not at the designated delivery location when the Delivery Partner arrives to complete the delivery or if you fail to pick up an order from a Merchant. If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation.
4.5 Risk of Loss. All products that may be purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Lezzoo. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Lezzoo or our supplier delivers these items to the carrier.
4.6 Payment Information; Taxes. Lezzoo will charge, and you authorize Lezzoo to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Lezzoo may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event Lezzoo advances payment for any of your orders placed via the Service, Lezzoo may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant Lezzoo the right, but not the obligation, to charge the credit card you provide with your User Account at any time after any Payment Due Date, unless prohibited by law. You represent that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service is accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
5. Lezzoo Communications
By creating a User Account, you electronically agree to accept and receive communications from Lezzoo, Delivery Partners, or third parties providing services to Lezzoo including via email, text message, calls, and push notifications to the cellular telephone number you provided to Lezzoo. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Lezzoo, its affiliated companies and/or Delivery Partners, including but not limited to communications concerning orders placed through your User Account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. To opt out of receiving promotional text messages
from Lezzoo, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, delivery text messages between you and Delivery Partners are transactional text messages, not promotional text messages.]
Lezzoo cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Third-Party Interactions
8.1 Merchants. You may purchase goods and services from third-party Merchants through the Service. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and that Merchant. Lezzoo and its licensors will have no liability, obligation or responsibility for any purchase, transaction or interaction between you and any Merchant or third-party provider. In no event will Lezzoo or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Lezzoo disclaims any and all responsibility or liability arising from such agreements between you and a third party.
8.2 Delivery Partners. The Service allows you to engage third-party Delivery Partners to provide delivery services. Any interactions or disputes between you and a Delivery Partner are solely between you and that Delivery Partner. Lezzoo and its licensors will have no liability, obligation or responsibility for any interaction between you and any Delivery Partner.
You agree to defend, indemnify and hold harmless Lezzoo and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Consumer Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (viii) any dispute or issue between you and any third party, including any Delivery Partner, Merchant, or other third-party.
10. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEZZOO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LEZZOO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, INCLUDING, WITHOUT LIMITATION, MENUS, PRODUCT INFORMATION, NUTRITIONAL OR ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY, OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. LEZZOO RELIES UPON MERCHANTS AND OTHER THIRD-PARTY PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. ALL CONTENT PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
FURTHER, LEZZOO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LEZZOO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE CONSUMER TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE CONSUMER TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEZZOO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL LEZZOO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEZZOO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL LEZZOO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEZZOO HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THE SERVICE CONNECTS YOU TO DELIVERY PARTNERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER AND PRODUCTS FULFILLMENT SERVICES. LEZZOO WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY DELIVERY PARTNERS OR MERCHANTS, AND YOU EXPRESSLY WAIVE AND RELEASE LEZZOO FROM AND ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE DELIVERY PARTNERS OR MERCHANTS. LEZZOO WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE LEZZOO FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS AND THE ITEMS THEY PROVIDE. LEZZOO WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY DELIVERY PARTNERS OR MERCHANTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE LEZZOO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LEZZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE CONSUMER TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE CONSUMER TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Arbitration, Class Waiver, Jury Trial Waiver, Governing Law
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LEZZOO TO ARBITRATE YOUR DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL. Lezzoo is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, any Delivery Partner, or Merchant, or other third party. Disputes between you and Lezzoo are subject to this Section.
12.1 Arbitration. Both you and Lezzoo agree to resolve by binding arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or in connection with or relating to (i) the Services, your use of the Services, or the information that you provide us in connection with your use of the Services, or (ii) these Consumer Terms, including without limitation, the validity, interpretation, enforcement, or application of these Consumer Terms and/or this Section (collectively, “Claims”). Both you and Lezzoo further agree that the arbitrator will also have the exclusive authority to determine all additional threshold arbitrability issues, including without limitation issues relating to whether these Consumer Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
12.2 Class Action Waiver. YOU AND LEZZOO AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER. Further, unless both you and Lezzoo agree otherwise, 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. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the claimant's individual claim. Any determination about the validity, interpretation, enforcement, and/or application of this Class Action Waiver paragraph is delegated to the arbitrator.
12.3 Jury Trial Waiver. YOU AGREE THAT, BY ENTERING INTO THESE CONSUMER TERMS, YOU AND LEZZOO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
12.4 Arbitration Procedure. A party who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our address for notice is 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674, United States . You and Lezzoo agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within 30 days of the Notice, then either party may commence arbitration. Any arbitration between you and us will be governed by the American Arbitration Association (“AAA”) Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by these Consumer Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Unless you and Lezzoo otherwise agree, the arbitration will be conducted in the county where you reside. If your claim is for less than $10,000, we will reimburse your filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the AAA Rules. If your claim is for greater than $10,000, the payment of all fees will be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.5 Exceptions. Notwithstanding anything else in these Consumer Terms to the contrary, you and Lezzoo both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, provided that is the sole form of relief sought, or (iv) to file suit in a court of law to address intellectual property infringement claims.
12.6 Governing Law; Venue. The parties agree that these Consumer Terms evidence a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and AAA Rules will govern interpretation and enforcement of this Section where applicable. All other claims, disputes, or controversies will be resolved under the laws of the Republic of Iraq and the Kurdistan Region, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this Section, you and Lezzoo agree that (i) the Republic of Iraq and the Kurdistan Region will be the sole and exclusive forum for resolution of the claim, dispute or controversy, and you and Lezzoo irrevocably submit to the jurisdiction of Republic of Iraq and the Kurdistan Region, and (ii) litigation of any claim, dispute, or controversy proceeding in court will be stayed pending the outcome of any related individual Claim in arbitration.
12.7 Severability; Survival. If any clause or provision set forth in this Section is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable will be severable without affecting the enforceability of all remaining clauses or provisions. This Section will survive any termination or expiration of these Consumer Terms.
12.8 Changes and Opt-Out. You may opt out of the applicability of this Section by providing us with a written opt-out notice within 30 days of the “Last Modified” date at the top of this page. This written notice must be provided by mail to 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674, United States . In order to be effective, this notice must include your full name and clearly indicate your intent to reject the changes to these Consumer Terms.
13. Additional Terms for Mobile Applications
13.1 Mobile Applications. We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Lezzoo does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Lezzoo hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Lezzoo User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Lezzoo may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Consumer Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Lezzoo or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Consumer Terms, is void. Lezzoo reserves all rights not expressly granted under these Consumer Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
13.2 Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Consumer Terms are solely between you and Lezzoo, not Apple, Inc. (“Apple”) and that
Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Consumer Terms and any law applicable to Lezzoo as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Consumer Terms and any law applicable to Lezzoo as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Lezzoo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Consumer Terms. You and Lezzoo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Consumer Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Consumer Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Consumer Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
14.1 Assignment. These Consumer Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lezzoo without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
14.2 Notification Procedures and Changes to the Consumer Terms. Lezzoo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Lezzoo in our sole discretion. Lezzoo reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Consumer Terms. Lezzoo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Lezzoo may, in its sole discretion, modify or update these Consumer Terms from time to time, and so you should review this page periodically. When we change the Consumer Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Consumer Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
14.3 Entire Agreement/Severability. These Consumer Terms, together with any amendments and any additional agreements you may enter into with Lezzoo in connection with the Service, will constitute the entire agreement between you and Lezzoo concerning the Service. If any provision of these Consumer Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions of these Consumer Terms, which will remain in full force and effect.
14.4 No Waiver. No waiver of any term of these Consumer Terms will be deemed a further or continuing waiver of such term or any other term, and Lezzoo’s failure to assert any right or provision under these Consumer Terms will not constitute a waiver of such right or provision.
14.5 Contact. Please contact us at email@example.com with any questions regarding these Consumer Terms.