- The ServiceThe DISPATCHNINJA service allows users to place orders for various products, including but not limited to food delivery, take out and alcohol from restaurants and stores in select cites as identfied on the Website (the “Service”). You can use the Service from a computer or a personal mobile device, if you have downloaded the App. For avoidance of doubt, DISPATCHNINJA does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to product/food quality or timely delivery.
- Processing Orders
- Once you submit an Order and your payment has been authorized, your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button once you do so, we will start processing your Order and errors cannot be corrected. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the restaurant. We encourage all our restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if the restaurant rejects your Order. However, restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 business days (and in some cases up to 30 business days, depending on your bank or card issuer). You acknowledge and agree that neither we nor the restaurant will be responsible or liable to you in relaton to this delay by your bank or card issuer in the release of funds back into your account.Delivery of Orders When you place a Pickup or Delivery Order, you may choose the tme you would like your Order to be picked up or delivered to you. This tme is only an estmate and DISPATCHNINJA ofers no guarantee of this tme. DISPATCHNINJA is not responsible for any delays in receiving your Order for any reason. If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. Restaurants reserve the right to require proof of your age. If you are unable to provide proof that you are of the minimum legal age to consume alcohol to the satsfacton of the restaurant, then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discreton of the restaurant.
- Price and Payment Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. The payment will be collected from the customer by the restaurant or its agent together with applicable taxes. The restaurant or its agent is responsible for collection and timely remittance to the appropriate tax or government authority all applicable taxes. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service is necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole and absolute discretion. You agree that we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
- Content All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not DISPATCHNINJA, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. DISPATCHNINJA does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will DISPATCHNINJA be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
b. is unlawful or fraudulentn
c. amounts to unauthorized advertsingn or
d. contains viruses or any other harmful programs.
In partcular (but without limitaton), any Feedback that you submit through the Website must not:
a. contain any defamatory, obscene or ofensive materialn
b. promote violence or discriminatonn
c. infringe the intellectual property rights of another personn
d. breach any legal duty owed to a third party (such as a duty of conidence)n
e. promote illegal actvity or invade another’s privacyn
f. give the impression that they originate from usn or
g. be used to impersonate another person or to misrepresent your afliaton with another person.
We reserve the right and have the sole and absolute discreton to remove or edit at any tme any Feedback posted, uploaded or transmitted to the Website/App that we determine breaches a prohibiton detailed above, is otherwise objectonable or may expose us or any third partes to any harm or liability of any type, or for any other reason.
The Feedback contained on the Website/App are for informaton purposes only and do not consttute advice from us. Feedback refects the opinions of customers who have ordered through the Website/App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Feedback, including without limitaton any mistakes, defamaton, obscenity, omissions or falsehoods that you may encounter in any such materials.
You acknowledge and agree that the Website and App may contain advertsements. If You elect to have any business dealings with anyone whose products or services may be advertsed on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertser and You further acknowledge and agree that DISPATCHNINJA shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Links & Third-Party Websites
a. 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 DISPATCHNINJA IS NOT A PARTY TO ANY SUCH ORDER.
b. 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, NONINFRINGEMENT 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.
c. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS YOU AGREE THAT: (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 DAMAGESn AND (II) ANY DIRECT DAMAGES 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 DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
d. 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.
e. 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.