Terms & Conditions (US)

Last Modified on 28/10/2021

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THESE ARE THE TERMS AND CONDITIONS (“TERMS”) UPON WHICH ME&U USA INC (“me&u”) provides services through its website, www.meandu.com, mobile application and any other software or site on which these Terms are posted (together, the “App”). THESE TERMS GOVERN YOUR USE OF ANY PART OF THE APP, INCLUDING ANY FUNCTIONALITY, CONTENT OR SERVICE ENABLED BY ME&U WITHIN THE APP, AND SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCEPT THESE TERMS OR OTHERWISE USE THE APP.BY ACCESSING OR USING THE APP OR BY CLICKING “I ACCEPT” BELOW, YOU ARE AGREEING TO BE BOUND BY THESE TERMS IN CONNECTION WITH YOUR USE OF THE APP. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APP. NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESETERMS   INCLUDE   A   MANDATORY   BINDING   ARBITRATION   PROVISION   ANDCLASS ACTION   WAIVER,   WHICH   LIMIT   YOUR   RIGHTS   IN   THE   EVENT   OF   ADISPUTE   RELATED   TO   THE   APP.   PLEASE   REFER   TO   THE   “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.

1. Key terms summary

The App provides a way for you to view menus of third party venues or restaurants that participate in me&u’s marketplace (“Venue”), place your food and beverage order with a Venue (“Order”), communicate with the Venue regarding your Order, and pay for your Order. Without limiting the Terms, you understand and agree that: (a) me&u is a provider of technology services and is not a restaurant, (b) the services provided by me&u under these Terms do not include any preparation, provision or delivery of any food, beverages or other items included in your Order; (c) the Venue is solely responsible for fulfilling your Order; and (d) me&u is not liable for the acts or omissions of any Venue. All payments made by you are final and non-refundable, unless otherwise determined by me&u.

2. Minimum age

You warrant that you are at least 18 years old or the age of majority in the State in which you reside (provided that the additional age restrictions in the “Restrictions of Use” Section below apply if your Order includes the purchase of any alcoholic beverages). The App is not intended for, and you may not use the App if you are under 18 years of age.

3. Modification to terms

me&u can change these Terms from time to time by posting the updated Terms on this page and indicating the date the Terms were last updated. You will be subject to the Terms in force at the time that you place an Order through the App. If me&u posts amended Terms on this page, your subsequent use of the App constitutes your acceptance of the updated Terms. These Terms may not be otherwise amended except in writing signed by you and me&u

4. Termination

You may terminate these Terms at any time by uninstalling the App and discontinuing your use of the App. me&u may, in its sole discretion, terminate or suspend your access to or use of the App, in whole or in part, at any time, with or without notice. Termination of such access or use will not waive or affect any other right or relief to which me&u may be entitled at law or in equity. Upon any such termination or suspension, your right to use the App will immediately cease and you must discontinue use of the App and delete or uninstall the App from your mobile device, as applicable. me&u reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections:  4., 7., 15., 17, 17., 18., 19., 20. and 21.

5. Limited license to use the app

Subject to your acceptance of these Terms, me&u grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the App solely for your own personal, non-commercial purposes in compliance with all laws and regulations.

6. Restrictions of use

All rights not otherwise expressly granted by these Terms are reserved by me&u. You are not permitted to reproduce, copy, publish, sell or exploit any part of the App, the intellectual property rights on the App, or the information you access through the App. Some Venues may offer alcoholic beverages on their menus for purchase. If you place an Order for alcohol you maybe asked by the Venue to show identification. You understand it is against the law for any person under the age of 21 to buy, or attempt to buy, alcohol, or for any person over the age of 21 to buy, or attempt to buy, alcohol on behalf of any person under the age of 21. Orders containing alcohol cannot be accepted from or on behalf of persons under the age of 21. To be clear, me&u is not selling alcohol to you. If your Order includes alcohol, the Venue is providing it to you, and the Venue is solely responsible for complying with applicable liquor laws. The Venue may reserve the right to refuse you service of alcohol if you are unable to provide appropriate identification of your age, even when you have ordered and paid for such items.

7. Your account

You may access some areas of the App without registering with us. However, to place an Order, you must establish an account (“Account”). You represent and warrant that any information you provide to us during the registration process is accurate and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the App. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to any device used to access your Account. To place an Order or set up an Account, you will also be required to provide at least one valid payment method supported by me&u. You authorize me&u to charge the payment method you designate in the App for all Orders submitted through the App through your Account. You represent that you have the legal right to use the payment method provided by you. Your credit or debit card will be charged for your Order on the day your Order is placed. When you place an Order, we reserve the right to request credit card authorization for up to 110% of the Order total to accommodate updates to your Order. You will only be charged the actual cost that is determined after preparing the items in your Order. During the payment authorization process, your credit or debit card is validated and must have enough available funds for the transaction to be approved. Upon approval, the Order will be accepted and transmitted to the Venue. You will not be able to use the App to place an Order if you have an invalid or expired payment method on file, or have a balance on your Account (e.g., if a paymentis in arrears). You acknowledge and agree that you are responsible for any activity that occurs through your Account using your login credentials. You will not sell, transfer, license or assign your Account to anyone else. You are responsible for any Orders submitted to the App through your Account as a result of your failure to secure your login credentials or mobile device. You agree that you will not create an Account for another person, will not possess more than one Account, unless permitted by me&u in writing, or share your login credentials with any other individual in violation of these Terms. If you have an Account, we may share your username with other users of the App who are or appear to be at the same table as you at the Venue.

8. Ordering and Payment processing

The App includes functionality to order and purchase food and beverages from a Venue. You may only order menu items on the App when you are dining in the Venue. You understand that we will charge you for any Orders placed by you using the App (“Charges”). me&u will receive or enable your payment of the applicable Charges to the designated payment method (e.g., credit card, debit card, digital/mobile wallet) that you have selected. Charges will include the price of your menu items as set forth in the menu at the time of your Order, any applicable taxes required to be withheld from your purchase, applicable fees such as card processing and other surcharges, which may be applied by the Venue, and any discretionary tips you decide to add. me&u will collect your payment on behalf of the Venue as the Venue’s payment collection agent. You acknowledge that the menu prices are established by the Venue, and the prices of menu items offered by a Venue through the App may differ from the prices of the same menu offered outsidethe App. Prices may differ from user to user (for example where one user receives a Venue loyalty discount) and may be time-based (for example during ‘happy hour’). me&u does not guarantee the availability, accuracy, completeness, reliability, or timeliness of offers or promotions from the Venue provided through the App. If you have provided us with your email address you may request that we email you receipts for your payments you have made through the App.

9. Amending or Cancelling orders

Once you submit an Order through the App, you may not cancel that Order. You must pay for allmenu items that you order on the App, even if you leave the Venue prior to receiving the orderedmenu item or if the ordered menu item does not arrive. In limited circumstances, you may be eligible for a refund in accordance with the ”Refunds” Section in these Terms. Another App usermay elect to pay for a menu item that you have ordered. This can be done through their Account and within limited time after you have selected the item. If the other App user does not elect to so pay, you are liable to pay for the menu item that you ordered. me&u is not liable in any circumstances for costs that arise out of a dispute between you and another App user about your payment arrangements. If you have any issue or complaint regarding the provision of goods and services by the Venue, you must deal directly with the Venue.

10. Refunds

Charges, including tips, paid by you are final and non-refundable, unless otherwise determined by me&u. You must use your best endeavors to raise any Dispute with me&u prior to the completion of the transaction. Once a transaction has been completed, you may request a refund by contacting me&u at refunds@meandu.comWe will communicate with the Venue in relation to the nature of the Dispute and all refunds are subject to review and approval by me&u. In addition, you acknowledge that any refund agreed to by the Venue will be subject to authorization and processing by me&u.

11. Content

Unless otherwise specified, graphics, images, software, tools, features, information, trademarks, service marks, logos, icons and other content (collectively, the “Content”) displayed on the App are the property of me&u or its licensors and may not be used in a manner not expressly permitted in these Terms or in the App without me&u’s (or the relevant licensor’s) prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, orreverse engineer the App or its Content. Any unauthorized use of any Content, whether owned by me&u or third parties, may violate intellectual property rights subsisting in the App, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes, and may be grounds for immediate suspension or termination of your use of the App, among other remedies available to me&u and its licensors. Any feedback you give me&u about the App, the Venue or any menu items, including in-App ratings, is given entirely voluntarily, and you agree me&u is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit.

12. Electronic Communications

me&u may communicate and transact with you electronically through the App or through other electronic means. When you sign up for an Account through the App, you are agreeing that me&u may send you emails, SMS, MMS, text messages and in-App notifications, including receipts and notice of changes to the App or Terms. Before you start receiving SMS, MMS or text messages from me&u (“Text Communications”), you will need to verify your mobile phone number by responding to a text message to your mobile phone that affirms your choice to opt in to receive Text Communications. Note that in affirming this message, you acknowledge and agree that (i) Text Communications will be sent to the number you provide and whoever has access to that mobile phone or carrier account will be able to see this information; and (ii) you are the subscriber for the number you provide and will inform me&u if you are no longer the subscriber. Once you affirm your choice to opt in to this service, message frequency will vary. Message and data rates apply. All commercial electronic messages will include an unsubscribe facility, such that you may opt out of receiving emails and Text Communications from me&u at any time.

13. Third party links

The App may contain links to third-party materials that are not owned or controlled by me&u. me&u does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you click on a link in the App that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions. ME&U IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE ORLOSS YOU SUFFER IN CONNECTION WITH YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITE.

14. Use of mobile application

To the extent you are using the App in the form developed for Apple iOS or Android mobile devices, you agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using iTunes or Google Play, as applicable. You are responsible for reviewing the applicable iTunes or Google Play terms and conditions and complying with such terms and conditions while using the App.

Without limitation of the foregoing, if you are downloading the App through iTunes for use on an Apple-branded product, the following terms apply:

Acknowledgment of Parties. These Terms are made between you and me&u, and that me&u, not Apple Inc. (“Apple”), is responsible for the App and the content thereof.

Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your iTunes account via Family Sharing or volume purchasing.

‍Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through me&u, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Product Claims. You agree that your recourse for product claims arising from the App shall be through me&u, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, you agree that your recourse under these Terms will be through me&u and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  

Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

15. Trademarks

The names, marks and logos appearing in the App’s Content are, unless otherwise noted, trademarks owned by or licensed to me&u. The use of these marks, except as provided in these Terms, is prohibited. From time to time, me&u makes fair use in the Contents of trademarks owned and used by third parties. me&u makes no claim to ownership of those marks.

You may not use me&u’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent me&u specifically agrees in writing.

16. Acceptable use policy

You agree to use the App in accordance with all applicable laws and regulations. me&u may investigate and immediately suspend or terminate your use of the App if you have misused the App, services, or have behaved in a way which is illegal, in violation of these Terms or is regarded by me&u as inappropriate. You agree that in using the App you will not: (a) impersonate any person or entity; (b) access data not intended for you or log onto a server or an account that you are not authorized to use; (c) circumvent or modify, attempt to or assist another in circumventing or modifying, any security technology or software that is part of the App; (d) interfere with service to any other user, or the software, networks or systems that we use to bring the App to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the App; (e) use or attempt to use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the App or its Contents; (f) use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; (g) modify, alter or prepare other works based on the App’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the App; (h) remove any copyright, trademark or other proprietary rights notices contained on the App; (i) interfere with or disrupt any services provided through the App; (j) post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or (l) ‘frame or ‘mirror’ any part of the App, without me&u’s prior written permission, or use meta tags or code or other devices containing any reference to me&u or the App in order to direct any person to any other website for any purpose. You further agree that your information and your interactions on the App shall not: (u) be false, inaccurate or misleading (directly or by omission or failure to update information); (v) infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy; (w) violate any laws; (x) be defamatory; (y) contain any viruses, malware, bots, worms or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information; or (z) create liability for me&u.

me&u reserves the right to refuse to license the App to any person who does not comply with these Terms.

17. Exclusion of warranties / disclaimer

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE. ME&U DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE APP OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ME&U EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ALL KINDS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE APP OR CONTENT WILL BEERROR-FREE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY USE OF THE CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR THE SERVICE IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESSING THE APP.

18. Limitation of liability

YOU ACKNOWLEDGE THAT THE VENUE IS THE PROVIDER OF THE MENU ITEMS ORDERED ON THE APP, AND THAT ANY DISPUTE ABOUT THOSE GOODS IS SOLELY BETWEEN YOU AND THE VENUE. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, ME&U IS NOT LIABLE IN ANY CIRCUMSTANCES FOR THE QUALITY, PROVISION OR NON-PROVISION OF ITEMS OR SERVICES PROVIDED BY A VENUE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY IN RELATION TO: (A) THE QUALITY OF THE FOOD, BEVERAGE OR SERVICE PROVIDED BY THE VENUE; (B) ANY FAILURE OF THE VENUE TO MEET YOUR DIETARY REQUIREMENTS, EVEN WHERE YOU HAVE ADVISED THE VENUE, THROUGH THE APP OR OTHERWISE, OF YOUR DIETARY REQUIREMENTS; (C) ANY ALLERGIC REACTION OR ILLNESS YOU SUFFER AS A RESULT OF CONSUMING THE FOOD AND BEVERAGE PROVIDED BY THE VENUE; AND (D) ANY INJURY YOU SUSTAIN AT THE VENUE. YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ME&U WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ME&U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF, OR THE INABILITY TO USE, THE APP. IN NO EVENT SHALL ME&U’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP OR $100, WHICHEVER AMOUNT IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES AND CLAIMS IN THIS SECTION, IN WHICH CASE ME&U’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits me&u’s liability for damages caused by me&u’s own fraud, recklessness, gross negligence or willful misconduct.

19. Other disclaimers

The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. me&u assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. me&u is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App.

20. Indemnification

You agree to defend, indemnify and hold harmless me&u (including its affiliates, members, managers, officers, employees and agents), from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) in connection with or arising from: (i) your use of the App, including the Content or the service provided through the App, (ii) any breach of these Terms by you; (iii) infringement or misappropriation of any intellectual property or other rights of me&u or its third parties by you; or (iv) any negligence or willful misconduct by you.

21. Arbitration agreement and Class action waiver

22. Mandatory arbitration

YOU AND ME&U AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and me&u waive the right to a trialby jury and any right to have a Dispute heard in court.In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and me&u agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.

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