Terms of Use

TERMS OF USE

Welcome to Lunchera.co, a food delivery company which allows its clients to order and pay food delivery of any restaurant in Puerto Rico (the “Service”), through our mobile application or through our website, http://lunchera.co, (collectively, the “Platform”). The terms, conditions and notices set forth herein, including Lunchera.co’s Privacy Policy (collectively, the “Terms” or “Agreement”) constitute a binding legal contract between the Service user (“User” or “You” or “Your”) and Lunchera.co (“Lunchera.co”, “Us”, or “We). The Terms will govern Your use of our Service, facilitated through the Platform. Please carefully read the Terms set forth below before using our Service.

ACCEPTANCE OF TERMS

By accessing, placing an order or using the Platform in any way, You agree to be legally bound by the Terms and agree that the Terms shall apply to all such interactions or transactions. If You do not accept all the Terms, please discontinue the use of the Service and do not place any orders through Lunchera.co.

In addition to this Agreement, in purchasing an offer through the Platform, You agree to abide by the Terms of use imposed by any restaurant or merchant for whose business You elect to buy a meal (the “Merchant”), including, but not limited to, payment of all amounts when due and compliance with the Merchant's rules and restrictions regarding availability and use of products or services. This includes the obligation to pay any applicable taxes at the time of redemption on any order as directed by any such Merchant.

You acknowledge that the Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.

MODIFICATION OF TERMS

Lunchera.co reserves the right, at its sole discretion, to discontinue or modify the Platform or Service and any of our Terms, including any Service Fees, and/or Privacy Policy as we deem necessary or desirable, without prior notice. If we make any substantial changes, we will notify You by sending You an e-mail to the e-mail address that is registered with Your account in the Platform, and/or by posting a notice of the change on the Platform. Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to You or our posting of notice of the changes on the Platform, provided that these changes will not apply to any transactions prior to the effective date of such changes, which will appear on the top of this page. The changes will be effective immediately for new users of the Platform and any transactions by such new users. Therefore, We suggest that You re-read this important notice containing our Terms from time to time in order to stay informed as to any such changes. Please be advised that any use of the Platform by You after such notice has been posted on the Platform or sent to You via e-mail, shall be deemed to constitute acceptance by You of such modifications. If You find that the modified Terms are unacceptable, please discontinue Your use of the Service.

OUR SERVICES

Lunchera.co is a private company dedicated to provide online food ordering services. By placing an order You are performing a transaction with Lunchera.co, not with the Merchant. Placing an order from the beginning to the end with Lunchera.co, through the Platform, constitutes an acceptance of the Terms.

Lunchera.co will be responsible for transmitting orders placed on our site to restaurants in a timely manner after submission. We are not responsible for any delay in transmission of such order due to failures of telecommunications media utilized by Lunchera.co or by the Merchant. Lunchera.co is not the retailer of any producers offered by the Merchant. Lunchera.co’s responsibility to You is limited solely to delivery of the food and beverage products for You. The Merchant is solely responsible for preparing and packaging all products ordered through Lunchera.co, and updating its menu and menu prices. Each Merchant is solely liable for the quality and freshness of its products, and We do not verify the credentials, representations, products or prices offered by Merchant, and do not guarantee the quality of the product, or that any Merchant’s product complies with applicable laws. Lunchera.co shall not be liable or responsible for any products or services provided by the Merchant that are a cause of injury or that are unacceptable to or do not meet Your expectations in any manner.

Due to the self-service nature of our convenient Platform, We are not responsible for meals incorrectly ordered. Please order with attention and validate Your final order prior to submit Your payment. Once an order is placed through the Platform, the same is directly processed to the Merchant. No order shall be cancelled once is processed in the Merchant. Any claim shall be filed in a period of three (3) hours or less from the delivery of the Service. Any claim outside this time frame will be considered as non-valid.

Lunchera.co reserves the right in its sole discretion to refuse Service to any person or entity, at any time. You are solely responsible for verifying the accuracy of delivery address, and Lunchera.co shall have no liability or responsibility for any such erroneous addresses. Lunchera.co also reserves the right in its sole discretion to not deliver nor refund an already prepared order if the delivery destination falls outside the restaurant’s delivery range, in which case the customer will still have the option to pick up his own order at the restaurant during its regular business hours.

LEGAL AUTHORITY

To use or request our Service, You must be of legal age to from a binding contract with is, and cannot be a person barred from receiving our service under the laws of the United States or other applicable jurisdiction, including the country in which You reside or from where You use our Service. You warrant that You are at least 18 years if age and possess the legal authority to enter into this Agreement and to use the Platform in accordance with all the Terms. You agree to supervise all usage by minors of the Platform under Your name.

VALIDITY OF AND PAYMENT FOR ORDERS

When You submit an order to the Platform (the “Order”), it is considered valid upon submission. Once the Order is submitted, We will be responsible for delivering the Order in a timely manner. You will be asked to provide us with a credit card number from a card issuer in order to pay for the Service. We accept, Visa, MasterCard and American Express. You are responsible for payment of all goods and services including the cost of any and all additional items You add to the Order. In the event that You fail to timely pay for the additional goods and/or services, Lunchera.co reserves the right to pursue any and all legal means to collect on amounts due and owing.

TRANSACTION INVOLVING ALCOHOLIC BEVERAGES

Lunchera.co does not sell alcohol beverages. We act as a third party provider and we have no responsibility or liability to You for any alcoholic beverage products You purchase from an alcoholic beverage supplier (the “Supplier”). Any claims or disputes You have regarding alcoholic products shall be the responsibility of the Supplier and must be brought by You directly to the same. If You wish to purchase alcoholic beverages from a Supplier, You must be at least eighteen (18) years old (“Legal Age”), provide age verification, and consent to having such verification shared with the Supplier.

Lunchera.co reserves the right to report any actions by You that would violate alcohol beverage laws, including but not limited to misrepresentation of age and procuring alcoholic beverages for person(s) under age 18, to law enforcement authorities.

RESTRICTED USE

You agree to use the Service only for personal and noncommercial use, or for Your commercial use to the extent of ordering services and/or goods for or relating to Your business and the purposes as permitted by these Terms and any applicable law, or generally accepted practice in the applicable jurisdiction. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, gather, or compile any information, software, or services obtained from the Platform without the prior written consent of Lunchera.co. Using our Content for any purpose, including but not limited to “re-mailing” or high-volume or automated use of the Service or using any of our content on any other website or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.

As a condition of Your use of the Platform, You warrant to Lunchera.co that You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our Service and any related activities. You warrant that You will not use this Platform in any way prohibited by these Terms.

COPYRIGHT AND TRADEMARK NOTICES

The Service as well as all the content in the Platform, including but not limited to the text, graphics, logos, icons, screens and configurations, are the property of Lunchra.co or its licensors (or is a nominative use of trademark) and is protected by United States and international copyright and trademark laws. All software used in the Service and in the Platform is the property of Lunchera.co or its software suppliers and is also protected by United States and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Platform and/or the Service. Any use of the content or software of the Service or the Platform other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works.

You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the services or content or any part thereof to You or any third party nor to authorize You to create derivative works based on the content. Permission is granted to make a single electronic copy for the purpose of viewing the materials on the Platform by means of computer, and to print single hard copies of screen prints solely for personal use and reference. Any other copying, printing, modification, forwarding, or other use of these materials, whether or not commercial in nature, is strictly prohibited without the express prior written permission of Lunchera.co.

LICENSE & RIGHTS GRANTED

Subject to the Terms, Lunchera.co grants You a limited, non-transferable, non-assignable and revocable right to a limited use of the Platform for the purpose stated in these Terms in order to access and observe its content through an Internet browser, mobile phone or handheld computer, as may be applicable, and to use the limited functionalities of the Platform such as purchasing as may be provided, changed and limited by Lunchera.co from time to time.

You grant Lunchera.co a transferable, assignable right to use the information You supply to this Platform, including but not limited to the use of the information to provide You with services and to execute any appropriate charges as further explained in these Terms.

Lunchera.co may assign the Terms and its rights that arise thereunder to third parties. You may not assign Your rights under these Terms.

LINKS TO THIRD PARTY WEB SITES

As a convenience, the Platform may contain links to other Internet sites that are owned and/or operated by third parties. By offering You these links, Lunchera.co is not endorsing any other sites and Lunchera.co has no responsibility or liability, directly or indirectly, for such third party sites, including without limitation for their content. You access third party linked sites at Your own risk. Lunchera.co and/or its affiliates and their business partners shall not be responsible for any transactions or any claims You may have with such third parties.

TERMINATION AND RELEASE

Lunchera.co shall handle any and all disputes between merchants and users directly with that restaurant or user. In the event that You have a dispute with one or more Merchants, You hereby release Lunchera.co from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You hereby release and forever discharge Lunchera.co and its officers, directors, owners, representatives, independent contractors, agents, employees and affiliates, and their respective successors and assigns, from any and all manner of liability, claims, counterclaims, demands, setoffs, damages or causes of action, which You now have or which may hereafter accrue, whether heretofore asserted or unasserted, known or unknown, arising out of, or in any way relating to the use of the Service or the Platform by You, specifically including but not limited to any claims based in whole or in part upon the alleged negligence of lunchera.co in operating the Platform, the Service or otherwise.

DISCLAIMER

Lunchera.co is acting solely to deliver products between restaurants and users and is not acting in any other capacity with either customers or restaurants, including but not limited to, any partnership, joint venture, co-ownership, broker or agency relationship of any kind with any customer or restaurant.

INDEMNITY

You agree to indemnify, defend and hold Lunchera.co and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “Indemnitees”) harmless for, from and against any claims, actions, demands, causes of action, losses and expenses, including without limitation reasonable legal and accounting fees (collectively the “Claims”) by reason of, in any way relating to, or arising out of or connected to: (a) Your use of the Platform and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to Your use of the Platform and/or the Service; (c) any violation of these Terms; and (d) Your interaction with any restaurant included and not included as our suppliers. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.

PRIVACY

You acknowledge that all discussion for ratings, comments and/or other message or communication facilities (collectively "Forums") are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. Lunchera.co does not control or endorse the content, messages or information found in any Forum and, therefore, Lunchera.co specifically disclaims any liability concerning the Forums and any actions resulting from Users' participation in any Forum, including any objectionable content. Generally, any communication which You post to Lunchera.co is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Lunchera.co as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Platform, You grant Lunchera.co the right to use such comments or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information regarding this matter see Lunchera.co’s Privacy Policy.

ENTIRE AGREEMENT; SEVERABILITY

These Terms constitute the entire agreement between You and Lunchera.co and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. Lunchera.co’s failure to pursue any available claim or defense pursuant to the Terms shall not be deemed to be a waiver of such claim or defense. The headings used in this document are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Puerto Rico. You agree that Lunchera.co and the Service shall be deemed solely based in the Commonwealth of Puerto Rico and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Lunchera.co, either specific or general, in jurisdictions other than the Commonwealth of Puerto Rico. Any dispute arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, that the parties cannot resolve in good faith within thirty (30) days shall be directed to a binding arbitration administered by an arbiter, pursuant to the rules of the American Arbitration Association ("AAA"). The arbitration will take place in San Juan, Puerto Rico, with all expenses being shared equally by the parties. The arbiter must act in accordance with the substantive laws of the Commonwealth of Puerto Rico and the rules of the AAA. The parties to this Agreement hereby agree to submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Puerto Rico in any action or proceeding arising out of or relating to this Agreement that cannot be otherwise submitted for arbitration. Nothing in this section shall be deemed as preventing Lunchera.co from seeking injunctive or other equitable relief from the courts as necessary to protect any of Lunchera.co’s proprietary interests.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LUNCHERA.CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.