Terms & Conditions

These Terms of Use explain Dishefs (“Dishefs” or “we” or “our”) policies governing the use of our services and website at www.dishefs.com (the “Site”). Please read these Terms of Use carefully before using our Site. By accessing, viewing or using our Site, you (“you,” or “your,” “User,” or “Customer”) agree to these Terms of Use, which incorporate our Privacy Policy, and you represent and warrant that you are of legal age and have authority to enter into a binding agreement. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. THE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DISHEFS.

You understand and agree that Dishefs provides a technology platform connecting you with providers of products and services offered through the Dishefs Services (“Merchants”), and independent third-party contractors (“Contractor”) who provide delivery services (“Gofer/3rd Party Driver” or “Gofer”). You acknowledge and agree that Dishefs does not itself prepare or serve food, rent space, offer delivery services, or provide any of the other services offered by Merchants and has no responsibility or liability for the acts or omissions of any Merchant or any Gofer/3rd Party Driver. Dishefs is not in the delivery business nor is it a common carrier.

We reserve the right to change these Terms of Use at any time in our sole discretion. If we make any changes to our Terms of Use, we will post a new policy on the Site and update the “last updated” date set forth above. You should check these Terms of Use each time you visit our Site for any changes. If you continue to use the site after any changes to these Terms of Use, you agree to and accept those changes.

This agreement contains provisions that govern how claims that the parties have against each other are resolved, including without limitation a mandatory arbitration provision. Further, (1) you will only be permitted to pursue claims against Dishefs on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.

1. SERVICES

Dishefs provides a technology platform facilitating transactions for Users who wish to:

• a) Connect with and place orders with Merchants who offer Restaurant Items which are defined as foods and beverages that are typically sold by restaurants in a form intended for immediate consumption on-premises, for take-out, or delivery;
• b) Connect with, request Items and coordinate Catering Services which are defined as food and beverage orders that are typically intended to be sold by restaurants or personal chefs in a form intended to be prepared in bulk based on a certain number of people or number of plates for consumption at an agreed-upon venue, Customer’s home, or on-premises;
• c) Connect to Merchants who operate food markets such as grocery stores, farmers’ markets, or other specialty markets to place orders of food and/or other grocery items. The services offered through this Dishefs feature will be facilitated by Gofers, Merchant-Drivers, or 3rd Party Drivers, acting as personal shoppers and delivered to User’s home; and/or
• d) Connect with Merchants who i) offer rental of commercial kitchen space, ii) wish to coordinate donations of surplus food items, iii) offer to reserve tables for dine-in transactions by Restaurant Merchants at specific dates and times, or by being placed on a wait-list.

Dishefs offers a marketplace, it is not itself a Merchant and does not prepare, package, or sell any food, nor does it provide shopping services or kitchen rental space. The services offered by Dishefs include enabling Users to connect with each other and related services but we are not a party to any purchase or sales transaction.

To encourage return use of our services, Dishefs may also help facilitate the resolution of disputes between Users and Merchants, but Dishefs has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of any food or service offered or sold through Dishefs; (b) the truth or accuracy of a Seller’s content or listings on the Dishefs app; (c) the ability of a Seller to sell any food or service and to deliver Meals within required delivery windows; (d) the ability of Users to pay for Meals purchased through the Service; or (e) that a User or Merchant will actually complete a transaction, effectuate trouble-free delivery and shipping, or return items as facilitated by Dishefs. Dishefs reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Dishefs and its Users from illegal or wrongful activities or other violations of these Terms of Use.

Merchants, Gofers, and 3rd Party Drivers are independent business owners and independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Dishefs. Dishefs does not cook, package or deliver food and does not employ people to cook, package or deliver food. Dishefs does not provider shopping services. Dishefs does not offer reservations for dine-in services, but facilitates them.

By electing to use these services, you agree that:

• a) Dishefs is not responsible for Merchants’ food preparation, safety of the food, whether the photographs, images or descriptions of the food or services displayed accurately reflect the food offered, services, or facilities available;
• b) Dishefs has no control over nor responsibility for the acceptance or denial of requests for Dine-In reservations/wait listing, or for catering requests.
• c) Dishefs has no control over the selection of items made by personal shoppers.
• d) Coordination and approval or denial of items or replacement items is between you and Gofers in the case of personal shopping, catering, and personal chef orders and is at your discretion. However, if such an order is not filled to your expectations, you must notify Dishefs within two (2) days of the order.

Dishefs does not monitor any Merchants’ compliance with applicable laws or regulations. Dishefs has no responsibility or liability for acts or omissions by any Merchant or Contractor.

You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Dishefs holds title to or acquires any ownership interest in any goods that you order through the Services.
Dishefs requires Merchants using its app to offer food items to provide food descriptions which include a comprehensive list of ingredients contained in or otherwise used to prepare the food, including any known allergens. Dishefs is not responsible for the accuracy of the information and labeling of food items purchased by Users. Similarly, Merchants are required to advise if food made available for purchase through the Dishefs app was prepared in facilities using the same equipment that is used to prepare food containing other allergens even if the allergen is marked as being absent from the food, but Dishefs has no control over the accuracy or completeness of that information. Users are responsible for reviewing Merchant information regarding ingredients and allergens and making purchase decisions. Dishefs shall not be liable for Merchant’s failure to provide nor for User’s failure to fully review such information, nor any illness, health problem, or other damages that may result from any order or consumption of any food and related items purchased through the Dishefs Service.

2. REGISTRATION AND ACCESS TO THE SITE

As a User of our Site, you agree to represent yourself accurately and truthfully at all times. You grant Dishefs the right to independently verify any information that you post on the Site or provide to Dishefs about yourself, including any information that you provide in order to make any purchases of services through the Site.
Registration is required to view certain areas of the Site. You must complete the registration process by providing Dishefs with certain information as prompted by the applicable registration form. The information that you provide is covered by our Privacy Policy.

By the act of registration, you represent and warrant that you have read, understand, and agree to be bound by this agreement and the Privacy Policy and that you are of legal age in the jurisdiction in which you reside to form a binding contract.

During the registration process, you will choose a username and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account. You agree to notify us immediately at our customer support address, support@dishefs.com, of any breach of security or unauthorized use of your account or password. Dishefs will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, unless you have their permission and they are a member of your household, and you may not transfer, sell or otherwise grant access to your account to anyone unless they are a member of your household and agree to be bound by these Terms of Use.

Upon cancellation or termination of your access to password protected areas of the Site, Dishefs reserves the right to deactivate your account and delete your User profile.

3. YOUR USE OF THE SITE, CONDUCT IN CONNECTION WITH THE SITE AND SUBMISSIONS TO THE SITE

In your use of the site, you agree to act responsibly and treat others with respect. Specifically, you agree to the following:

• a)You will use the Dishefs site using means explicitly authorized by Dishefs and only for your own use and will not directly or indirectly resell, license or transfer any aspect of the software, services, or content to a third party.
• b)You will not use the Dishefs site in any way that could damage, disable, overburden or impair any server, or the networks connected to any server.
• c)You will not attempt to gain unauthorized access to, monitor, or retrieve data from the Dishefs site and/or to any account, resource, computer system, and/or network connected to any Dishefs server.
• d)You will not use another User’s account, impersonate any person or entity, or forge or manipulate information or data to disguise the origin of any content transmitted through the Dishefs site, or to misrepresent your identity or affiliation with a person or entity;
• e)You will not upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy (including private, family, and home life) or publicity rights, abusive, inflammatory, hateful or racially, ethnically, or otherwise objectionable, including as regards sexual orientation or gender identity;
• f)You will not upload or transmit any material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• g)You will not upload, email, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• h)You will not upload distribute, publish or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
• i)You will not upload any material which may harm minors in any way;
• j)You will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• k)You will not in any way avoid or use deceit to avoid fulfillment of commitments you make to other Users and will communicate clearly and respectfully, provide or accept items or services at the agreed time and only utilize the third party payment service provider specified or approved to make or receive payment through the Dishefs Marketplace;
• l)You will act in accordance with all applicable local, state and federal laws and regulations and in good faith when using or accessing the Dishefs Marketplace, including when preparing, packaging, delivering, providing or receiving meals;
• m)You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the Dishefs Marketplace, including without limitation, if you are using or will or intend to use the Dishefs Marketplace for any journalistic, academic, investigative, or unlawful purpose;
• n)You will provide valid identification to prove you are of legal age to make restricted purchases through Dishefs, such as for alcoholic beverages. You will not provide false identification or misrepresent your age or legal right to make purchases through the Dishefs services, such as purchasing alcohol with the intent that it will be consumed by or offered to persons who are not of a legal age to purchase or consume it; and
• o)You will sign an acknowledgement confirming legal acceptance at the time of pick-up or delivery of any restricted purchases, such as alcoholic beverages. If a Merchant or Gofer cannot verify your age or identity, if you appear intoxicated, or if, at the discretion of Merchant or Gofer, the situation is otherwise unsafe or inappropriate (for example, you are of legal age but appear to be in the company of underage persons), they may refuse to release ordered alcohol into User’s possession. Alcohol cannot be left unattended (contactless delivery is not available for alcohol orders).
• p)You will not attempt to undertake any of the foregoing.

If you submit any posts, reviews, commentary, suggestions, feedback or other items or information, whether or not solicited by Dishefs, or creating a public presentation, (“Public Submissions”), you agree to the following:

• a) You acknowledge that Dishefs has the right to accept, reject or remove Public Submissions in its sole discretion;
• b) You acknowledge that Dishefs has no obligation to screen or to delete Public Submissions or associated content based on whether or not others consider such Public Submission objectionable or inaccurate;
• c) You acknowledge that no Public Submission is endorsed by Dishefs and such material does not represent the views of Dishefs or of any affiliate or partner of Dishefs and that Dishefs assumes no liability for any Public Submission or for any claims, liabilities or losses resulting from any such submission.
• d) You agree that any Public Submission will:
• i. Be based on firsthand experience with the person/entity being reviewed or commented on;
• ii. Not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, gender identity, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity;
• iii. Not be an attempt by an affiliated party to promote a competitor of the party being reviewed or commented on;
• iv. Not contain any conclusions as to the legality of conduct; and
• v. Not contain any false statements or be part of an organized campaign encouraging others to post Public Submissions, whether positive or negative.
• e) You grant to Dishefs and other Users of the Site an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license with the right to sublicense, use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Public Submissions, any and all intellectual property rights therein, any portion of the Dishefs service, use of the service, or access to the service, in any manner or medium now existing or hereafter developed.

Dishefs reserves the right at all times to disclose any information that Dishefs deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any Public Submissions or other materials, in whole or in part, in Dishef’s sole discretion.
If Dishefs believes, for any reason, that any attempt is made to use the Dishefs services to place an order which is fraudulent or unlawful, we may suspend you from using Dishefs services of any kind. Dishefs reserves the right to charge Users for orders placed under fraudulent or unlawful circumstances whether or not delivery is completed.
Your use of Dishefs’ software in connection with Dishefs’ services and the transmission of applicable data, if any, is subject to United States export controls. You may not download, or otherwise export or re-export, any portion of the software used in Dishefs’ application in violation of U.S. export laws. Downloading the Dishefs software is at your sole risk. You agree to comply with all local rules and laws regarding your use of the Dishefs service, including regarding online conduct and acceptable content.

4. PROPRIETARY RIGHTS

Dishefs, its affiliates and its licensors own or control all rights, title and interest in, under, and to the Site, including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks (including images stored on third party sites) and other trademarks on our Site), logos, sound, music, computer code and other files (“Content”), and the selection, arrangement and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright and various other intellectual property laws.

Unless otherwise expressly permitted by Dishefs, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload or otherwise exploit any Content, data or materials on or available through our Site, including “mirroring” to any other computer, without our express prior written consent.

You are prohibited from (1) using any automated device, such as a robot, spider, deep linker or page scraper, or the manual equivalent, to access, copy, monitor, or scrape any content from our Site or (2) using framing or similar techniques to enclose our Content.

You may display and print a single copy of Content from our Site provided that you (1) do so solely for personal, non-commercial use and (2) keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy Content and other materials available without charge on our Site solely as necessary to make our Site publicly searchable.

All of Dishefs’, its affiliates’ or its licensors’ rights to the Site, the Content or intellectual property not expressly granted to you are reserved.

5. NOTICE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Dishefs respects the intellectual property rights of third parties. Dishefs will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Website:

To be effective, the notification must include the following:

• a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• b) identification of the copyrighted work claimed to have been infringed;
• c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dishefs to locate the material;
• d) information reasonably sufficient to permit Dishefs to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

6. LINKS TO OUR SITE AND TO OTHER SITES

You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Dishefs, its subsidiaries, affiliates, licensors or partners, or its or their respective services, in a false, misleading, derogatory or otherwise offensive or damaging manner.
We may provide a link to other sites that allow you to leave the Site to access third-party materials (“Linked Materials”). These Linked Materials are made available solely for your convenience. Dishefs is not responsible for, does not monitor, has no control over, and does not endorse the Linked Materials. You access the Linked Materials at your own risk.

Dishefs may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Dishefs found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Dishefs is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Dishefs advertisers on the Site.

7. THIRD PARTY COMPONENTS

You acknowledge and agree that use of the Services and the Site requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a smart phone, a connection to the internet, operating system software and a web browser (the necessary version of any of the foregoing may be designated by Dishefs from time to time). DISHEFS SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.

8. PAYMENTS AND FEES

General. Certain features of the Dishefs site require you to make certain payments, including commissions or other fees. With possible exceptions regarding cancellation or no-show fees, when paid by you, these payments are final and non-refundable, unless otherwise determined by Dishefs. Dishefs, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
Cancellation or No-Show. Fees imposed for cancellation of orders for goods or services are at the discretion of the Merchant.

Note that in cases where the final cost is not known until an order is finalized, such as grocery orders, fees may be affected. As noted elsewhere, Dishefs does not control the selection or substitution of specific grocery items.

Dishefs will charge, and you authorize Dishefs to charge, the payment method you specify at the time of purchase. We may seek preauthorization of your payment card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

Unless otherwise agreed to by the parties or modified by requirement of applicable laws or regulations, Fees shall be calculated as described in the most current https://Dishefs.com/fee-policy (the “Fee Policy”). Unless otherwise stated, all fees are quoted in U.S. dollars. In the case of a question as to the most-current Fee Policy, the policy posted to the website at the link above will control.

As pertains to all transactions contemplated by this Agreement, Meals or Services purchased by and/or delivered to Customers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes required to be collected on the sales of the Meals or Services of a particular location (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to a Customer’s designated delivery address, and/or the location of the Merchant. Customers are responsible for paying the applicable purchase price for a purchased Meal, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any Meals or Services through the Dishefs system.

Dishefs may from time to time offer Users certain promotions, incentives or credits (“Promotions”) towards the purchase of food items, services, and/or fees associated with use of the platform, and Users may use such Promotions in accordance with their terms. Depending on the type of Promotion used and the item or service being purchased, the amount of taxes that apply to a Customer’s order may be reduced. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the User that they are sent to and may not be shared, redeemed, or transferred unless it is explicitly permitted by the terms of that Promotion. Merchants may also offer Promotions to their customers through the platform and are solely responsible for any costs associated with redemption of that Promotion.

Delivery costs and Taxes attributable to the sale of any Meals are not included in the listed price for any Meals listed by Merchants through the Service but will be displayed to Customers before confirmation of any purchase.

Dishefs reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through Dishefs at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for Items and Services. Dishefs may also, in its sole discretion, make promotional offers with different features and different rates available to any or all of our Users. Unless made available to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.

Wallet. The Dishefs App allows you to load funds into your Dishefs Wallet to use as payment for items and services purchased through the Dishefs App. To load funds to your Dishefs Wallet, sign into your Dishefs account, then open your Wallet and enter a dollar amount and payment method. The dollar value that you load into your Dishefs Wallet in the Dishefs App is a prepayment redeemable solely for the items and services of participating Merchants. Dishefs offers the Wallet solely to make it easier for you to use the Dishefs App. By your use of the Wallet, you acknowledge and agree that Dishefs has no liability for any temporary inability to access funds loaded to your Wallet for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law or permitted by these Terms of Use, the dollar value in your Dishefs Wallet is nonrefundable as cash. Dishefs Wallet balances may be refunded to the credit card or other payment method from which such funds were originally loaded upon termination of your Dishefs account. Further, upon request, unused balances in a Dishefs Wallet may be donated to a Non-Profit Charitable Organization with which Dishefs has a relationship. In the event of such donation, Dishefs will, in its sole discretion, select the Non-Profit Organization to receive the donation. You will not be eligible to claim any corresponding tax credit resulting from any such donation.

Subscriptions. Some Dishefs services use an automatically renewing subscription system with a fee payable at the start of the relevant period. By signing up for a Dishefs subscription service and providing Dishefs with your payment account information, you agree that: (a) you will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription; (b) you authorize Dishefs and its service providers to store your payment method for the purpose of executing future auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, DISHEFS WILL AUTOMATICALLY CHARGE THE THEN-CURRENT SUBSCRIPTION FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. It is your responsibility to ensure that payment information is updated if necessary.

The basics of the fee structures are as follows:

Restaurant and Grocery Marketplace Customers:

• • Flat Fee based on Term selected and/or Delivery Fee based on Distance plus Service Fee and driver gratuity (at Customer’s discretion)

Kitchen Match-Up Customers:

• • Flat Fee paid monthly and/or Percentage of Fee Paid to Merchant

Dine-In Match-Up Merchant:

• Flat Fee based on Term selected plus fixed fee per transaction based on fee policy. Cancellation and no-show fees are at Merchant’s discretion.

The above information is intended to be a summarization. Please carefully review the Fee Policy regarding your specific fees and the particular Merchant’s policies. If a dispute arises regarding a Merchant’s fees that cannot be resolved between User and Merchant, Dishefs may provide the technological means to facilitate the resolution of disputes between our Customers and Merchants, but Dishefs has no control over Merchant’s fees.

9. LOYALTY PROGRAM

Dishefs offers an EcoPoints loyalty program through which Users earn points when they use Dishefs services, which can be redeemed for free or discounted future services. You will not receive EcoPoints for any amounts paid in delivery fees, surcharges, sales, use or other transactional taxes.

In order to use the EcoPoints facility, you may need to enroll yourself for the EcoPoints loyalty program, but membership in the EcoPoints program is not required to use Dishefs services. No amount shall be charged/levied to you for redeeming EcoPoints against items or services available through the Dishefs App, except that any applicable taxes will be calculated on the amount of your purchase before any discounted amounts are applied.

If you are a member of the EcoPoints program, EcoPoints are earned on all valid transactions made by you through the Dishefs App and are tracked through your account.

You may also accrue additional EcoPoints on promotional and incentive programs offered by Dishefs from time to time.

Your EcoPoints balance can be viewed in the Loyalty section of your account, as follows: EcoPoints Earned, EcoPoints Redeemed, Available EcoPoints.
The EcoPoints available to redeem means points that can be redeemed by you for participating items or services.

Merchants are not required to participate in the EcoPoints redemption program and the ability to use EcoPoints with certain Merchants may change from time to time.
No accumulation or redemption of EcoPoints will be permissible if your Dishefs account has been terminated or suspended for any reason.
You cannot transfer EcoPoints to another person or combine the same with any other User.

EcoPoints cannot be redeemed for cash.

Dishefs’ computation of EcoPoints will be final and conclusive and binding on you and will not be liable to be disputed or questioned for any reason whatsoever.
If you are not a member of the EcoPoints Program, you may visit https://Dishefs.com for details on how to join and a list of currently participating locations. The list of participating Merchants is subject to change at any time and Dishefs cannot guarantee that a certain Merchant will be participating with regard to the items or services to which you wish to apply EcoPoints at any given time.

By enrolling in the EcoPoints program, you are consenting that certain information about the use of the Dishefs app, such as your transaction history, will be collected by Dishefs for the purpose of calculating and applying EcoPoints to your account.

10. DISCLAIMER

YOUR USE OF THE SITE AND SERVICES PROVIDED THEREIN IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. Unless explicitly stated otherwise, the site, including the services provided therein, are provided on an “as is,” “as available” and “with all faults” basis. Unless explicitly stated otherwise or required under applicable law, Dishefs disclaims all express or implied conditions, representations and warranties of any kind, including, without limitation, any implied warranty or condition of accuracy, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Dishefs makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the site or the services provided therein. Dishefs makes no warranty or representation that the site or services will be uninterrupted, secure, error-free or free of any viruses, Trojan horses or worms.

Unless explicitly stated otherwise, you assume all risks concerning the suitability and accuracy of the information within the site. The site may contain technical inaccuracies, typographical errors or omissions. Dishefs assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions.
Dishefs does not endorse or claim ownership of, and is not liable for, any content (including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users or outside parties on the site), including with respect to (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party; or (b) the capabilities or reliability of any product or service obtained from the site, other than as required under applicable law. Under no circumstance will Dishefs be liable for any loss or damage caused by a User’s reliance on information, products or services obtained through the site or a linked website. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any opinion, advice, products or other content available through the site or the services. You assume complete responsibility for your use of the site and any linked sites.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Dishefs, its affiliates and any other of its or their respective officers, directors, employees or agents will not be liable for any indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage) arising out of or in connection with the site or the services, even if Dishefs has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to:
(a) the use of or the inability to use the site or services; (b) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained, or messages received or transactions entered into, through or from the site; (c) statements or conduct of any third party on the site, including, without limitation, unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information that you may download, use, modify or distribute. To the fullest extent permissible under applicable law, Dishefs’ aggregate liability, and the aggregate liability of its licensors, to you or any third parties for any claims arising out of the use of this site or its services is limited to the amount of any payments you made to Dishefs. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

12. INDEMNIFICATION

You will indemnify, defend and hold Dishefs, and its subsidiaries, affiliates, predecessors, successors in interest, officers, managers, agents, licensors and employees, harmless from any claims, demand, loss or expense, including reasonable attorneys’ fees, made by any third party relating to or arising out of your use of the Site, your violation of these Terms of Use or your violation of any third party’s rights, including the infringement of a third party’s intellectual property rights by your Submissions.
You agree not to hold Dishefs responsible for any action, inaction, omission or misstatement made by other Users or for any harm arising from the Services or the Site.

13. VIOLATIONS OF THESE TERMS OF USE; TERMINATION

Without prior notice and in our sole discretion, Dishefs reserves the right to terminate your account and access to our Site without refund and to block future access to our Site for any violations of these Terms of Use.

14. WAIVER AND SEVERABILITY

Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms of Use will remain in full force and effect.

15. GOVERNING LAW; DISPUTE RESOLUTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule.

Any dispute, whether contractual or otherwise, arising out of or in connection with this Agreement or these dispute resolution procedures, including any question regarding its existence, performance, validity, or termination, will be referred to and resolved by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”), which are deemed to be incorporated by reference into this clause. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, representatives of both parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. Furthermore, the parties agree:

• a) The Arbitrator’s award will be final and binding and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be confirmed in a court of competent jurisdiction.
• b) A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules.
• c) The seat, or legal place, of arbitration will be Waxhaw, North Carolina, USA.
• d) The language to be used in the arbitral proceedings will be English.
• e) The arbitral tribunal will be composed of a sole arbitrator, which shall be nominated and appointed by JAMS in accordance with the JAMS Rules.
• f) To the extent permitted by applicable law, the parties agree to keep all materials related to the dispute, including the existence of the dispute itself, content of the arbitration, and all the submissions by the parties in the arbitration and awards rendered by the arbitral tribunal, confidential.
• g) This agreement to arbitrate will not preclude the parties from seeking provisional remedies from a court of competent jurisdiction. The parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• h) Neither party may bring any class, collective, or representative action against the other party, and will preclude a party from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the other party by someone else.
• i) Each party shall pay its own proportionate share of Arbitrator fees and expenses plus any expenses of JAMS. The Arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
• j) All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of North Carolina.
You are responsible for resolving disputes with other Users. Dishefs has no obligation with respect to disputes among Users but may, in its sole discretion, intervene. You agree to promptly report any User misconduct to Dishefs. You hereby release Dishefs, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns and affiliates from claims, demands and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our Services or property or space made available through the Site. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

16. HEADINGS

Headings used herein are for convenience of reference only and will in no way affect the interpretation of these Terms of Use.

17. MISCELLANEOUS

You shall not assign the Terms of Use or any of your rights or obligations hereunder, and any purported assignment of the Terms of Use by you in contravention of the foregoing shall be null and void.
By creating a Dishefs account, you agree to accept and receive communications from Dishefs, Merchants, Gofer/3rd Party Drivers, or other, or third parties providing services to Dishefs including via email, text message, calls, and push notifications to the cellular telephone number you provide including but not limited to communications concerning transactions coordinated through the Dishefs App. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, and wish only to receive communications regarding transactions, you may change your notification preferences by accessing Settings in your account.

No agency, partnership, employment, or joint venture is created through the Terms of Use.

Dishefs shall not be liable for any failure or delay in its performance under the Terms of Use (including, without limitation, provision of the Services) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, Third Party Components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Dishefs with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. Dishefs reserves the right to modify the terms of use conditions of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued accessing, viewing or using our Site after any such changes constitutes your agreement to such changes.
If you have not already done so, you should print or save a copy of the Terms of Use for your future reference.