Conditions of Use
We accept all major credit cards for online services, Simply choose any of the payment methods below. All PickEat online transactions are secured with industry-standard SSL data encryption that supports 128-bit encryption. - We accept Visa, MasterCard, American Express & Discover credit card. In order to protect our customers from credit card fraud, the billing address on your order form must match the billing address to which your monthly credit card statement is mailed.
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and PickEat. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "PickEat" shall relate to PickEat, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and PickEat relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by PickEat. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting PickEat at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA , WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN KING COUNTY , WASHINGTON STATE FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
General Legal Disclaimer
PickEat HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PickEat IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, PickEat reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While PickEat uses reasonable efforts to include accurate and up-to-date information on the Site, PickEat makes no warranties or representations as to the Site's accuracy. PickEat assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
PickEat WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. PickEat WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, PickEat IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), PickEat's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed the Code and if any In-person Hearing is required, it shall be held in King County , Washington State . Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon PickEat until accepted by PickEat. Terms of payment are within PickEat's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PickEat may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
When you make a purchase using a credit card, we collect your name, your billing address for the card, the card type, number, and expiration date. We collect this information in order to bill you for your purchase. We also collect information that allows us to deliver your order. This includes your email address and the name, address, and phone number of the intended recipient(s). We will use your phone, email address to respond to your questions, suggestions, and/or requests for assistance in using our site. How we protect the security of your personal information: The security of your personal information is very important to us. In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.
Merchant Member Agreement PICKGOEAT.COM/PICKGO INC.
Terms and Conditions 4810 Plainville Rd, Cincinnati, OH 45227
Phone: (513)904-3360 E-mail: firstname.lastname@example.org
These Terms and Conditions and the Order Form signed by pickgo.com of PICKGO INC. and Merchant Member whose name appears on the Order Form (collectively, the "Agreement") set forth the terms and conditions on which pickgo.com of PICKGO INC. is willing to provide to Merchant Member certain listing and advertising services using the Site (as defined below). In the event of a conflict between the Order Form and these Terms and Conditions, these Terms and Conditions shall govern and control. pickgo.com of PICKGO INC. and Merchant Member agree as follows:
1. Definitions. As used in this Agreement: the terms " we”, “us” and "ours" mean pickgo.com of PICKGO INC.. ; the terms " Merchant Member", " you " or " your " mean the entity which is agreeing to these term s; the term "Advertisement Fees " means the total fees corresponding to the Advertisement Type agreed by the parties on the applicable Order Form as well as miscellaneous advertisement administration fees agreed by the parties from time to time, unless. In each case, paid by credit card, debit card or check as agreed by the parties on the applicable Order Form; the term " Account Statement Fees" means total fees corresponding to the Form of Account Statement agreed by the parties on the applicable Order Form; the term " Commissions" means the Commissions Percentage agreed by the parties on the applicable Order Form multiplied by the Total Sales Amount; the term 'Credit Card Order Amount" means the total amount received by us for the Site customer orders transmitted by us to you during the applicable Payment Period and paid for by the Site customers using credit cards, debit cards or gift cards only (in each case, including tax, delivery, convenience or similar charges or fees and gratuities) net of charge- backs and fraudulent charges; the term "Delivery List" means a complete list of food, beverages, household, flower, gift and other items available for delivery and/or pick- up, their prices, availability and, where applicable, images; the term "payment Period" means the period agreed by the parties on the applicable Order Form; the term "Processing Fees" means the total amount of fees (corresponding to the actual method the orders were received and confirmed) for the orders of the Site customers transmitted by us to you during the applicable Payment Period plus Account Statement Fees plus miscellaneous listing and/or Delivery List administration fees agreed by the parties from time to time. The term "Site" means our website using which customers may place orders for food, beverages, household, flower, gift and other items for delivery and/or pick up, currently with the domain name BeyondMenu.com; "Total Sale s Amount" means the total dollar amount of the Site customer orders excluding tax and gratuities (but including delivery, convenience or similar charges and fees) transmitted by us to you during the applicable Payment Period and paid for by the Site customers using all types of payment, including credit cards, debit cards, gift cards or cash; and "including" , " includes" , "e.g " and the like mean "including, without limitation". All other capitalized terms used In the Agreement are defined below.
2. Merchant Member's Obligations. (A) You agree to provide to us any and all information, and content including your Delivery List, images, logo and
graphics, in each case, in the format reasonably requested by us from time to time to enable us to provide to you the fisting and advertising services
using the Site. You represent and warrant that (i) you hold and shall continue during the term of this Agreement to hold any and all permits,
authorizations and licenses necessary and/or required to operate your business; (ii) any and all information and content provided by you or on your
behalf in connection with testing and advertising services we provide to you and/or this Agreement is accurate, complete and you have the right to
provide and we have the right to use such information and content in connection with listing and or advertising services and/or this Agreement without
violation of any proprietary or other right of any third party or any law, rule or regulation; and (iii) you operate and shall continue to operate your
business in compliance with all applicable laws, rules and regulations. (B) You shall not disclose to any third party or use for any purposes other than delivering to such Site customers their orders for food, beverages, household, flower, gift and/or other items placed by such customers using the Site, any information of or regarding the Site customers that we may provide to you and agree to comply with any and all requirements of the credit card associations, credit card processors and ours in connection with this Agreement, credit card processing services we may provide to you and the applicable laws, rules and regulations. You agree not to disclose the terms or conditions of this Agreement, except to your officers, directors, employees, attorneys and accountants with a need to know who are bound by a duty of confidentiality. (C) You shall maintain the same prices for the services, food, beverages, household, flower, gift and other items listed on the Site as you do in your physical store and on your website and shall honor discounts and promotions offered or advertised by you from time to time. You agree to accept any and all orders placed through the Site, honor the prices quoted on the Site at the time the order is placed, timely update the Delivery List, including price and item description and availability changes. (D) For the avoidance of doubt, you may accept cash for Site customer orders unless (i) agreed otherwise by the parties on t he applicable Order Form, or (ii) notified by us in writing from time to time.
3. Use of Merchant Member's Name, Logo and Delivery List Except as permitted in this Agreement, neither party shall use the other party's or its affiliates' name(s), trademark(s), service mark(s) or trade name(s) without the prior written consent of the other party. We may list the Delivery List on the Site and may use your and your affiliates' name(s), trade name(s), trademark(s), service mark(s), logo(s) and Delivery List in connection with our listing and advertising services and/or this Agreement, in each case, without any fee, license or charges payable by us. For the avoidance of doubt, we may reference your name as one of our merchant members, including in our standard marketing materials or, with your cooperation and approval, press releases.
4. Credit Card Processing Services; Fees; Taxes. If you prefer, we will provide you with credit card processing services for the orders placed with you
by the Site customers using the Site. Following the end of the Payment Period agreed by you and us on the applicable Order Form, we will pay you
the following amount using the Payment Method agreed by you and us on the applicable Order Form: Credit Card Order Amount minus
Commissions minus Processing Fees minus, where selected by you and agreed by the parties on the applicable Order Form - Advertising,
Advertisement Fees. In the event that Credit Card Order Amount is less than the sum total of the Commissions, Processing Fees and Advertisement
Fees (collectively, "Fees"), you shall promptly pay to us the amount by which the Fees exceed the Credit Card Order Amount as indicated on your
account statement issued by us and accessible to you (whether assessed by you or not) by mail or on the Site, as agreed by the parties on the
applicable Order Form. Any and all sales, use and other taxes which may be levied as a result of this Agreement shall be your responsibility,
Merchant Member Agreement pickgo.com of PICKGO INC.
Terms and Conditions 4810 Plainville Rd, Cincinnati, OH 45227
Phone: (513)904-3360 E-mail: email@example.com
excluding taxes based on our net income. To help you comply with your regulatory obligations, we have included in the Order Form a field titled "Sales Tax" that will allow us to add the applicable sates tax indicated by yo u to the orders placed by the Site customers with you using the Site. You represent and warrant that the percentage of the sales tax indicated on the applicable Order Form and the comments provided b y you in the Sales Tax Comments field of the applicable Order Form comply with any and all applicable laws, rules and regulations. Unless indicated by you in writing in the Sales Tax Comments field of the applicable Order Form, we shall, on your behalf, apply such tax percentage to all items in your Delivery List.
5. Term; Termination; Survival. The term of this Agreement shall commence on the later of the two dates set forth in the signature blocks on the applicable Order Form and shall continue until terminated by either party by at least sixty (60) days prior written notice to the other party. Following termination of this Agreement, we shall use reasonable efforts to promptly remove Merchant Member's listing and Delivery List from the Site, provided, however, that this Agreement shall continue in full force and effect until such listing and Delivery List are removed or cease to be accessible to the Site customers. Sections 2(8), 4,5,6 and 8 shall survive termination of this Agreement.
6. No Liability; Indemnification. You shall indemnify and hold harmless us, our affiliates and our and their officers, partners, employees, agents, vendors and the Site customers (collectively, "Indemnified Parties ") from and against any and all claims, demands, losses, costs, liabilities and expenses (including investigation fees and reasonable attorneys' fees) related to or arising out of (a) any breach of this Agreement by you or on your behalf, (b) advertising or other Information, images or content provided to us by you or on your behalf, and/or (c) any of your operations or acts or omissions of yours, of any member(s) of your network that fulfill the orders of the Site customer placed with you using the Site and/or of your or their employees or agents. (For the avoidance of doubt, this includes claims for liable, plagiarism, copyright infringement, trademark and trade dress infringement, and unauthorized use of a person's name or image.) You represent and warrant that you have the right to provide to us any and all advertising and other content and such content is not Infringing, misappropriating or violating any rights or any third parties. Save for our liability for the amounts payable by us pursuant to Section 6, Indemnified Parties shall have no liability for any damages of any kind, including direct indirect, punitive or consequential, even if they were advised of the possibility thereof, that occur or may occur as a result of your listing or advertising on the Site, including incorrect listings or conveyance of banking information, fraudulent orders, non - payment by the Site customers or any other damages.
7. Miscellaneous. Our rights and remedies and your obligations in this Agreement are cumulative and are in addition to our rights and remedies and your obligations under any agreement between you and us. We may modify the terms of this Agreement prospectively with twenty (20) days' prior written notice to you. In cases where such changes modify payment obligations, fees or length of term, you shall have the option, exercisable on written notice to us given within such twenty (20) day period, to terminate this Agreement You may not assign your rights or obligations hereunder without our prior written consent This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. This Agreement may be assigned by us at any time. You acknowledge and confirm that any failure on your part to adhere strictly to the terms and conditions of this Agreement is likely to result in substantial damages to us and may cause irreparable injury to us. Accordingly, In addition to all other remedies that we may be entitled to as matter of law, we shall be entitled to specific performance and other equitable relief, including temporary and permanent injunctive relief, to enforce this Agreement This Agreement shall be governed by and construed in accordance with the law of the State of New York without regard to the conflicts of law principles thereof, and any action brought in relation to this Agreement shall be brought in a Federal or State court in Lake Cook County, Illinois State. All of your obligations under this Agreement shall apply fully to all members of your network that fulfill the orders of the Site customers placed with you using the Site if they were "you" under this Agreement and any provision of this Agreement that contains your obligation shall be deemed to include an obligation to cause such members to comply with such obligations and you shall remain liable for the performance of members hereunder. Each party waives any right to trial by jury with respect to any dispute, suit action or proceeding arising out of or relating to this Agreement or otherwise relating to the relationship of the parties, whether in contract, tort or otherwise. Your use of the Site is subject to our terms and conditions posted on the Site. You acknowledge that from time to time, we may record certain telephone lines used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you or any of your employees, agents and/or subcontractors, then you on behalf of yourself and your employees, agents, and subcontractors, consent thereto or will ensure that such other party consents thereto. Except as provided in the immediately preceding sentence, this Agreement contains the entire agreement of you and us with respect to the subject matter hereof, supersedes any prior agreement between you and us on the subject matter hereof and no modification or waiver of any provision hereof will be binding upon us unless in writing and signed by us.