Customer Terms and Conditions
The terms and conditions stated herein constitute a legal agreement between you – the user - and LOCFOOD, Inc. By entering into this Agreement you hereby expressly acknowledge and agree to be bound by the terms and conditions of the agreement, and any future amendments and additions to this agreement.
Please be advised that the Cravepass.com website is owned and operated by LOCFOOD, INC, a California Corporation (LOCFOOD). Cravepass.com is an online food ordering service offered through LOCFOOD that allows you to order from your choice of Businesses. If you have any questions or inquiries, please contact LOCFOOD, Inc. directly with your concerns.
By using our Website and Service, you expressly represent and warrant that you are legally entitled to enter this agreement. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and Service, and your parent or legal guardian must read and agree to the terms of this agreement prior to using the Website or Services. However, individuals under the age of 13 are not permitted to register for the Website or use the Services in any capacity.
You will only use the Website and Service for lawful purposes. The following activities with respect to LOCFOOD, including the Website and Service, are prohibited:
- You will not use the services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Website or Service to cause nuisance, annoyance or inconvenience.
- You will not copy, redistribute, or infringe upon the contents of the Website or Service.
- You will not willfully impair the proper operation of the network.
You will not willfully harm the Website or Service in any way.
- You shall report any errors, bugs, unauthorized access or any breach of our intellectual property rights that you uncover in your usage.
- You will not decipher, decompile, disassemble or reverse engineer any of the software or encryption making up the Website or Service
- You will not use the Website or Service in any manner inconsistent with any and all applicable laws and regulations.
Sale of Alcohol
You may be permitted to order and receive alcoholic beverages from certain Businesses that serve alcoholic beverages. You must be able to show identification proving that you are 21 or older.
If you place an order that includes any alcoholic beverage, you acknowledge that LOCFOOD, and any of its affiliates, is solely providing an online platform between you and the Business. The Business is responsible for establishing the price, any delivery costs, and compliance with all laws relating to the sale of alcoholic beverages.
LOCFOOD, any of its affiliates, are not responsible for verifying that you are at least 21 years of age.
LOCFOOD, and any of its affiliates, shall not be held liable for failure to check government-issued identification cards, evidencing your age. Rather, the Business is responsible for checking identification on delivery of alcohol, and shall reserve the right to do so upon delivery of orders of any alcoholic beverage. If you do not comply with the Business’s request for identification upon delivery, they shall have the right to refuse delivery of any alcoholic beverage.
Securing User Account Information
You are solely responsible for the security and confidentially of your account including your username and password as well as other identification we provide you that allows access to our site and service.
Ordering and Payment
When you place an order through the LOCFOOD Service, you will be given the option to pay either online or in person. Online payments can be made by credit card. If you make an online credit card payment, you will be rerouted to a third party service. LOCFOOD will not store nor will it have access to your credit card information.
It is further noted that LOCFOOD, including the Website and Service, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
Intellectual Property Rights
LOCFOOD alone (and its licensors, where applicable) shall own the rights to all content included in and as a part of the Website and the Service including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, logos, and all related intellectual property. The agreement between you and LOCFOOD is not a sale and does not convey to you any rights of ownership in or related to the Website or Service, or any of the intellectual property rights owned by LOCFOOD. Instead, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and Service. The LOCFOOD name, the LOCFOOD logo, and the names associated with the Website and Service are trademarks, and no right or license is granted to use them.
Management of Website
LOCFOOD may, from time to time, close down the Website for routine repair or maintenance work. Notwithstanding any unforeseen circumstances, LOCFOOD will give as much notice as is reasonable, and shall, as reasonably feasible, work to continue the Service by other means during scheduled maintenance repairs.
Termination of Agreement
These terms shall remain in full force and effect while you use the Website and Service. You may terminate this Agreement at any time by ceasing all use of the Website and Service. LOCFOOD reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Website and Service, to any person for any reason, including without limitation or breach of any representation or warranty contained in these terms, or for any applicable law or regulation, and LOCFOOD may terminate your use of the Website and Service, delete your profile including user information. However, all provisions which by their nature should survive to give effect to those provisions shall survive the termination of this agreement.
You agree to defend, indemnify and hold harmless LOCFOOD and its officers, directors, employees, agents and affiliates harmless from and against, any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, relating to or resulting from your usage of the Website or Service or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. LOCFOOD shall provide reasonably prompt notice of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
Limitation of Liability
As permitted by the law, LOCFOOD including its directors, officers, employees, service providers, affiliates, and agents shall NOT be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages (including personal injury, loss of data, loss of revenue or profits arising from your use of the Website or Service).
Should a dispute arise between you and the Merchant (Business), you, the customer, to the fullest extent permitted by law, shall release LOCFOOD and its affiliates, including their respective officers, directors, employees, services providers, and agents, and agrees to indemnify each of the foregoing for any losses, claims, damages, and demands of every kind in connection with or in any way related to such dispute.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this agreement, LOCFOOD’s Website, or Service, shall be governed and construed by the law of the State of California, excluding such state’s conflicts of law rules.
Any legal action by or against LOCFOOD arising out of or related to this agreement, the Website, or service shall be brought in the applicable federal or state courts located in or with jurisdiction over San Diego county, California, and you hereby agree to such venue as the sole and exclusive venue for the resolution of disputes. You hereby consent to personal jurisdiction and venue in the above-reference courts.
You agree that your use of LOCFOOD’S Website and Service is entirely at your own risk.
LOCFOOD, to the fullest extent permitted by law, disclaims all warranties, either express or implied, including without limitation the warranty of merchantability, non-infringement, and fitness for a particular purpose. LOCFOOD makes no warranties or representations about the accuracy or completeness of the content provided through the Website. LOCFOOD assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to the Website and use of the Service; (c) any unauthorized access to or use of LOCFOOD’s secure service and/or any personal information.
LOCFOOD does not warrant that the Website or its server will operate free of any bugs, viruses, Trojan horses, or the like which may be transmitted through the Website. Should your use of the Website result in equipment malfunction or data loss, LOCFOOD shall not be responsible for those repair costs. LOCFOOD, to the fullest extent permitted by law, disclaims all warranties, either express or implied, including without limitation the warranty of merchantability, non-infringement, and fitness for a particular purpose.
Any notice to you shall be given to the email address you provide during the registration process with the Website, or other address you may specify.
Notice or other communication required to be given to LOCFOOD under this Agreement shall be given by email post or facsimile addressed to the other party at its designated address contained in this Agreement or such other addresses as shall have been notified to the other for the purposes of this Agreement.