Jaac Terms of Service
Welcome to Jaac. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you view menus, or order any menu items (the “Items”) from our Jaac web application, or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact hello@jaac.app before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Jaac account, or ordering an Item using our Application you confirm that you accept these Terms.
Information About Us
Jaac.app is operated by Jaac the E-waiter Inc., a company incorporated and registered in Delaware, USA, whose registered office is at 2093 Philadelphia Pike #4050, 19703 Claymont, Delaware, USA. You may contact us at hello@jaac.app, or by using the instant messaging facility on our Application.
Purpose
We partner with (“Partner Restaurants”) and our objective is to allow you to access their menu using your mobile device, and order Items, or call a waiter (our “Service”) while dining at the restaurant without further interacting of waiting staff. Where you order at a Partner Restaurant, Jaac acts as an agent on behalf of that Partner Restaurant to conclude your order from our Application and to manage your experience throughout the order process.
Your Account
Optionally, you are able to create an account to place an order. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Service Availability
Our Partner Restaurants each decide their own operating hours. That means that the availability of our Service, depends on the Partner Restaurants that you chose to visit.
Orders
When you place an order through our Application, it needs to be confirmed by the Partner Restaurant. We indicate the order status and change it to “confirmed” if your order has been confirmed and will be processed. You are responsible for paying for all Items ordered using your account, or mobile device, and for complying with these Terms, even if you have ordered the Item for someone else. All Items are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please ask staff at our Partner Restaurant prior to ordering if you have an allergy. Jaac cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.
Age Restricted Products
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and provided to persons of legal drinking age or over which might differ from country to country. By placing an order for an age restricted product, you confirm that you are at least of legal age in the country.
Cancellation
You may cancel an order without charge at any time before the Restaurant Partner has started preparing the food (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact the Restaurant Partner’s staff directly, or via our Application.
Jaac and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant.
Prices, Payment, and Offers
Prices include VAT (in countries with VAT). You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Jaac may operate dynamic pricing some of the time, which means that prices of Itemsmay change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. Jaac is not responsible for the prices as they are set by the Partner Restaurant. The total price of your order will be set out on the order page on our Application, including the prices of Items and taxes.
Payment for all Items must be made at our Restaurant Partner using payment methods available. Payment is made directly to the Restaurant Partner. In case the prices shown in the Application differ from the prices indicated on the final bill of the Restaurant Partner, the latter is the price to be paid.
Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
Tips
When you place an order, a tip or gratuity is not included. You can choose to add any tips or gratuity when settling your final bill at the Restaurant Partner.
Data Protection
We process your personal data in accordance with our Privacy Policy which can be found here.
Other Terms
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by Delaware law and you can bring legal proceedings in relation to our Service in the courts of Delaware. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.
Furthermore, any terms of service of the particular Restaurant Partner apply, and their right of admission remains untouched by Jaac’s terms of service.
Jaac Terms Of Use For Website And Applications
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website jaac.app (our “Site”) or any application we make available via an app store or otherwise (our “Service”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.
Information About Us
Jaac.app is operated by Jaac the E-waiter Inc., a company incorporated and registered in Delaware, USA, whose registered office is at 2093 Philadelphia Pike #4050, 19703 Claymont, Delaware, USA. You may contact us at hello@jaac.app, or by using the instant messaging facility on our Application.
Accessing Our Service Or Our Services
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact hello@jaac.app straight away to let us know. We can deactivate your account at any time.
Acceptable Use
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in the clause below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
Interactive Features Of Our Site
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section “Suspension And Termination”. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Delaware and in any country from which they are posted. Contributions must not:
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contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
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infringe any copyright, database right or trademark of any other person;
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be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
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be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
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be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
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advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
Failure to comply with section “Acceptable Use” and/or “Content Standards” in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:
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immediate, temporary or permanent withdrawal of your right to use our Service;
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immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
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issuing of a warning to you;
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legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
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disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Reliance On Information Posted
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
Our Site And Our Service Change Regularly
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
Our Liability
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Information About You And Your Visits To Our Site And Use Of Our Service
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
Uploading Material To Our Site And Our Service
Any material you upload to our Service or data that we collect as set out in the section above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Links From Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction And Applicable Law
The courts of Delaware will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Delaware.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Your Concerns
If you have any concerns about material which appears on our Service, please contact hello@jaac.app.
These Terms of Service were last updated: 04/15/2020
