Terms and Conditions of Use
2. Account. You must open an account (Your “Account”) with Us to use the App. To do so, You must create a unique user identification and password (the “Login Credentials”). You agree that You are solely responsible for maintaining the confidentiality of and protecting against unauthorized use of Your Login Credentials, and You agree to accept responsibility for all activities that may occur using Your Login Credentials. You agree to notify Us immediately if You believe that any of Your Login Credentials have been or may be used without Your permission so that appropriate action may be taken. We are not responsible for any loss or damage caused by, or expense incurred by You, as a result of Your failure to safeguard Your Login Credentials. We may terminate Your Account at any time at Our sole discretion and with no liability to You. We may also prohibit certain Users from re-registering with the App, at Our sole discretion. Your Account is for Your sole, personal use, and You may not authorize others to use Your Account, and You may not assign or otherwise transfer Your Account to any other person or entity.
3. Transactions and Product Availability. You may be able to use the App and/or the Services to order and/or pay for food from restaurants or other food service provider in your area. To be able to order and pay for such food or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address. You may also be asked to supply delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Us and/or the restaurant from which you are ordering food and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by you, on your behalf, or by your Account through the App and Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. ANY PRODUCTS OR SERVICES DESCRIBED THROUGH THE SERVICES ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION PROVIDED THROUGH THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. You understand and agree that you are charged at the time you place your order for food or services. You further understand and agree that the transaction for the purchase of food or services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order.
4. Covenants, Representations and Warranties. You represent and warrant to Us that each of the following are true and correct in all material respects:
(a) You are eighteen (18) years of age or older. If You do not meet the above age requirements, You must not attempt to register to use the App.
(b) You are not a Competitor (as hereinafter defined) of Poppin Pay, LLC (the “Software Provider”) and are not using the App for reasons that are in competition with Software Provider. As used herein, a “Competitor” means any company or individual that is in the business of developing software.
(c) All information provided by You through the App is and will remain true and correct in all material respects so long as You are using the App.
5. Compatibility. We do not warrant that the App will be compatible with Your mobile device or carrier. Your use of the App may be subject to the terms of Your agreements with Your mobile device manufacturer or Your carrier. You may not use a modified device to use the App if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls (sometimes referred to as “jail broken”).
7. Prohibited Conduct. You shall not disturb or interfere with the operation of the App in any manner, including, but not limited to, imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the App. By accessing the App, You shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the App to: (a) infringe upon the Our or the Software Provider’s copyright, trademark or trade secret; (b) take any action violative of the Children’s Online Privacy Protection Act of 1998 (COPPA); (c) introduce viruses, worms, Trojan horses and/or harmful code into the App; (d) obtain unauthorized access to any computer system or Confidential Information through the App; (e) transfer Your Account and/or Login Credentials to another party without Our consent; (f) harvest or otherwise collect information about other users of the App without their consent; (g) violate any federal, state, local, or international law or regulation; or (h) engage in or encourage conduct that would constitute a criminal or civil offense.
10. Intellectual Property Rights; Restrictions
(b) Ownership of Content. Unless otherwise noted, all Content contained on the App is the property of Us, the Software Developer, and/or Our licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. We do not claim ownership of any Content submitted by Users. By submitting such Content, however, You hereby grant Us and Software Developer a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display such Content. This license shall remain in effect until We delete the Content from Our systems.
11. COPPA Compliance. You should monitor children’s use of the Internet. The App is intended for people eighteen (18) years of age or older. We will not knowingly collect any information from children under thirteen (13) years of age. You must identify Your age during the registration process. We take the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, We do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using the App. Should We determine that You provided any false information to Us when using the App, Your Account will be terminated immediately.
12. Disclaimer of Warranties. The information and materials contained in the App, including text, graphics, information, links, content, accounts and/or other items are provided “as is” and “as available”. NEITHER WE NOR SOFTWARE DEVELOPER WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND/OR MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. NEITHER WE NOR SOFTWARE DEVELOPER WARRANT THAT YOUR USE OF THE APP WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. WE AND SOFTWARE DEVELOPER DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE APP.
13. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE APP, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP OR TRANSMITTED TO OR BY ANY USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.