WebEatery Terms of Use

These Terms of Use (these "Terms") govern your use of the online ordering storefront and mobile apps of Merchant (the "Restaurant"). The storefront and apps are operated by WebEatery (Thalione Corp.), a Delaware corporation ("WebEatery," "we," or "us"), on the Restaurant's behalf. These Terms are an agreement between you and WebEatery; your purchases are from the Restaurant, as described in Section 2. By using the storefront or apps, you agree to these Terms.

1. Acceptance and Changes

By accessing or using the Restaurant's storefront or apps (together, the "Platform"), you agree to these Terms and to the Privacy Policy and SMS Terms, which are incorporated by reference. We may update these Terms from time to time; the current version is always available on the Platform, and material changes take effect when posted. Your continued use after changes take effect constitutes acceptance.

2. WebEatery Is Not the Restaurant

The Platform is software. The Restaurant—not WebEatery—sets menu prices, prepares and fulfills orders, is responsible for the quality and safety of its food, and sets its refund policy. WebEatery provides the ordering technology and processes orders on the Restaurant's behalf. When you place an order, you are purchasing from the Restaurant.

3. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your state, to create an account and place orders, or use the Platform under the supervision of a parent or legal guardian who agrees to these Terms.

4. Your Account

You can browse the Platform without signing in, but an account is required to place an order; you will be prompted to sign in or create an account at checkout. You agree to provide accurate information, keep it current, and keep your sign-in credentials secure. Sign-in uses one-time verification codes sent by text message, as described in the SMS Terms. You are responsible for activity under your account. We may suspend or close accounts used in violation of these Terms.

5. Orders, Pricing, and Payment

Orders. Placing an order is an offer to purchase from the Restaurant. An order is accepted when the Restaurant confirms it; the Restaurant may refuse or cancel orders it cannot fulfill, in which case the charge is refunded.

Pricing. The Restaurant sets its menu prices. The total for your order—including any fees, taxes, delivery charges, and tips—is displayed before you place it.

Payment. By placing an order, you authorize the charge to your selected payment method for the displayed total. Depending on the Restaurant's configuration, payments are processed through the Restaurant's payment account or through WebEatery's payment provider. Payment information is handled by the payment processor; WebEatery does not store full card numbers.

6. Delivery and Pickup

Delivery and pickup availability, areas, and estimated times are shown on the Platform. Estimated times are estimates, not guarantees. Delivery may be performed by the Restaurant or by third-party delivery providers. If something goes wrong with your order, see Section 10 (Order Issues and Refunds).

7. Menu Information and Allergens

Menu descriptions, ingredients, and allergen information are provided by the Restaurant, and the Restaurant is responsible for their accuracy. If you have a food allergy or dietary restriction, contact the Restaurant directly before ordering. WebEatery does not verify menu information and is not responsible for it.

8. Alcohol

This Section applies only where the Restaurant offers alcohol through the Platform and only where permitted by law. You must be of legal drinking age to order alcohol, and a valid government-issued ID is required at pickup or delivery. The Restaurant or its delivery provider may refuse to deliver alcohol to anyone who cannot present valid ID, appears intoxicated, or is not the ordering customer, without refunding the alcohol portion of the order where the refusal is required by law.

9. Rewards

If the Restaurant offers a rewards program through the Platform, the program belongs to the Restaurant. Points and rewards have no cash value, are not transferable, and may be modified, suspended, or terminated by the Restaurant. Point balances and reward calculations are determined by the program's rules as shown on the Platform.

10. Order Issues and Refunds

Refunds for order problems are governed by the Restaurant's refund policy. If something is wrong with your order, contact the Restaurant first; you can also reach WebEatery support at help@webeatery.app and we will help coordinate a resolution. Charges may be refunded to your original payment method; refund timing depends on your payment provider.

11. Text Messages and Electronic Communications

The Platform sends transactional text messages, including sign-in verification codes and order updates, and—only with your consent—marketing messages from the Restaurant. Messaging terms, frequency, opt-out (STOP), and help (HELP) instructions are described in the SMS Terms. You consent to receive receipts, notices, and other communications from us electronically.

12. The Apps and App Stores

The Restaurant's branded apps are published by WebEatery on the Restaurant's behalf. The apps require iOS 15.1 or later, or Android 7.0 or later.

Your use of an app downloaded from the Apple App Store or Google Play is also subject to that store's terms. Apple and Google are not parties to these Terms, have no responsibility for the apps or their content, and have no obligation to provide support or maintenance for them. To the extent these Terms conflict with the App Store's minimum terms for licensed applications, the App Store's minimum terms control. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you.

13. Acceptable Use

You agree not to: use the Platform for any unlawful purpose; interfere with or disrupt the Platform; scrape, harvest, or copy Platform content by automated means; attempt to access another user's account; reverse-engineer the apps except where the law permits; or place fraudulent orders. If you send us or the Restaurant feedback or suggestions, we may use them without restriction or compensation.

14. Intellectual Property

The Platform—its software, design, and technology—is owned by WebEatery. The Restaurant's name, logo, menu content, and brand are owned by the Restaurant. You receive a limited, personal, non-exclusive, non-transferable license to use the Platform to browse and place orders. No other rights are granted.

15. Copyright Complaints

If you believe content on the Platform infringes your copyright, send a notice to legal@webeatery.app with the information required by 17 U.S.C. § 512(c)(3).

16. Third-Party Services

The Platform may link to or rely on services WebEatery does not control, including app stores, payment processors, and delivery providers. WebEatery is not responsible for third-party services, and your use of them may be subject to their own terms.

17. Disclaimers

The Platform is provided "as is" and "as available." To the fullest extent permitted by law, WebEatery disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. WebEatery does not warrant that the Platform will be uninterrupted or error-free, and—as described in Section 2—is not responsible for the Restaurant's food, fulfillment, menu accuracy, or refund decisions.

18. Limitation of Liability

To the fullest extent permitted by law, WebEatery's total liability to you for all claims arising out of or relating to these Terms or the Platform will not exceed one hundred dollars ($100), and WebEatery will not be liable for indirect, incidental, special, consequential, or punitive damages. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

19. Indemnification

You will indemnify WebEatery and the Restaurant against claims arising from your violation of these Terms or misuse of the Platform.

20. Dispute Resolution; Arbitration; Class-Action Waiver

Informal resolution first. Before filing a claim, contact us at legal@webeatery.app and allow thirty (30) days to resolve the dispute informally.

Arbitration. Any dispute that is not resolved informally will be resolved by binding individual arbitration under the AAA Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court.

Class-action waiver. Disputes will be resolved on an individual basis only; you and WebEatery each waive the right to participate in a class, consolidated, or representative action.

Opt-out. You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing legal@webeatery.app with your name and account email.

21. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where the law of your state of residence necessarily applies to consumer claims.

22. Termination

You may stop using the Platform at any time. We may suspend or terminate your access for violation of these Terms. Sections 13–21 survive termination.

23. Contact

WebEatery (Thalione Corp.) 728 S Heather Ln, West Covina, CA 91791, United States Support: help@webeatery.app · Legal: legal@webeatery.app