vgrubs

Terms & Conditions.

Last Updated: June 9, 2023

These Terms and Conditions ("Agreement") govern your use of the vGrubs platform and services provided by vGrubs ("we" or "us"). By accessing or using the vGrubs platform, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use the vGrubs platform.

Agreement Between You and vGrubs

This Agreement constitutes a legal agreement between you and vGrubs regarding your use of the vGrubs platform.

Introduction

The vGrubs platform connects restaurants with third-party delivery providers to facilitate the ordering and delivery of food.

Use of the vGrubs Platform

You may use the vGrubs platform only for lawful purposes and in accordance with this Agreement. You agree not to engage in any prohibited activities or misuse the platform.

Registration and Account

To use the vGrubs platform, you must register an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Intellectual Property Rights

The vGrubs platform and its content, including but not limited to text, graphics, logos, and software, are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the platform or its content without our prior written consent.

User Obligations

Fulfillment of Orders: You agree to fulfill orders placed through the vGrubs platform promptly and in accordance with the specified delivery times and quality standards.

Handling Orders: You are responsible for handling orders accurately and ensuring the correctness of items, quantities, and pricing. Any discrepancies or issues should be promptly reported to us.

Tablet Usage and Maintenance: You are required to use the provided tablet to manage orders and maintain its power and connectivity at all times.

Delivery Handling: You agree to ensure that food is properly packaged, labeled, and handed over to third-party delivery drivers in a timely manner.

Reporting Issues: You should promptly report any issues with orders, delivery drivers, or the vGrubs platform to us for resolution.

Packaging and Marketing Materials: For virtual restaurant delivery orders, you agree to use generic non-branded packaging and refrain from including any marketing materials in the bags that are inconsistent with the virtual brand.

Promotions and Pricing

vGrubs may run promotions and marketing campaigns that may impact your per-item pricing during such promotions.

Payment to the Restaurant

Payments for orders will be made to you via ACH transfers on a weekly basis.

Company will deduct the services fees, marketing costs, tablet/printer fees and third party fees from the payments received from the delivery platforms for orders from each applicable VR brand, and remit the remaining amount to the restaurant as payment for restaurants’s order fulfillment services. All costs and fees shall be deducted from the proceeds of the sales on the delivery platforms. Restaurant is responsible for remitting any sales taxes to the applicable government agencies within their jurisdiction. Company shall disburse the proceeds after deducting applicable costs and fees to restaurant every week.

Liability Protection

You agree that vGrubs shall not be liable for any damages arising from the restaurant or its patrons utilizing 3rd party delivery platforms. You also agree to hold vGrubs harmless in the event of any harm caused by third-party delivery drivers. You must maintain proper business insurances.

Disruption of Service

vGrubs shall not be liable for any damages resulting from disruptions in service by third-party delivery providers.

Internet Connection Requirement

The use of the vGrubs platform requires an active and stable internet connection.

Tablet Power and Connectivity

The tablet provided by vGrubs must have continuous power supply and remain plugged in at all times.

Concierge Usage and Health Standards

You must not abuse the concierge service and should provide food to clients that adhere to all health and safety standards.

Ownership of Content and Marks

The vGrubs platform and its content, including trademarks and logos, are owned or controlled by vGrubs and protected by copyright and trademark laws.

Your Representations and Warranties

By using the vGrubs platform, you represent and warrant that you have the legal capacity to comply with this Agreement and that your use of the platform will not violate any laws or regulations.

Refund Policy

All purchases made through the vGrubs platform are non-refundable. You can cancel your subscription at any time, and the cancellation will take effect at the end of the current paid term. Restocking fee of $50 applies for any tablet return.

Unsatisfied with Services

If you are unsatisfied with our services, please contact us at [email protected] or (US)(818)-600-7488.

Prohibited Activities

You agree not to engage in any prohibited activities, including unauthorized use of the platform, automated use, harassment of others, or violation of applicable laws or regulations.

Mobile Application License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Age Restriction

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

Reservation of Rights

We reserve the right to refuse service to any individual or restaurant for any reason or no reason, at our sole discretion.

Termination for Violation

We reserve the right to terminate or suspend the account of any user or restaurant that violates this Agreement or engages in fraudulent or unauthorized activities on the platform.

Right to Modify Terms

We reserve the right to modify these terms and conditions at any time. Any changes will be effective upon posting on the vGrubs platform. It is your responsibility to review the terms periodically for any updates.

Compliance with Laws

Restaurants using the vGrubs platform are responsible for compliance with all applicable laws, regulations, and licensing requirements related to food preparation, handling, and delivery.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, or government regulations.

No Agency Relationship

This Agreement does not create any agency, partnership, employment, or joint venture relationship between vGrubs and restaurants. The restaurants are independent contractors and not employees or agents of vGrubs.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Waiver

Any failure by vGrubs to enforce any provision of this Agreement shall not be considered a waiver of that provision or any subsequent breach of it.

Please review this Agreement carefully and contact us at [email protected] if you have any questions.

Contact Information:

Email: [email protected]

Phone: 818-600-7488

Address: 99 Wall St, Suite 5868, New York, NY 10005

Thank you for using vGrubs!