Terms of Service
1. Introduction: Our App and the Favor Service
We are pleased to offer you access to our smart phone application (the “App”) and/or our website, favordelivery.com, through which we offer a proprietary service (the “Favor Service”) designed to connect customer users of the App (“Customers”) interested in placing orders for food, groceries, beverages and other products and services from participating restaurants and other merchants (“Merchants”) with independent couriers (we call them “Runners”) interested in delivering such orders. The term “you” refers to a Customer end user of the Favor Service.
By clicking the “I AGREE” button, installing the App, or using the Favor Service, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.
You are only authorized to use the App and the Favor Service if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should not install the App and should discontinue use of the App and the Favor Service immediately.
3. About Us: We are a technology company. We are not a courier or logistics provider.
NeighborFavor Inc., a Delaware corporation d/b/a Favor (“Favor,” “us,” or “we”) is a technology provider. You acknowledge and agree that we are not a courier, logistics provider, common carrier or foodservice operator. We do not supply any food, groceries, beverages or other products that are delivered to you. Runners are not our employees, representatives or agents.
4. Provision of Favor Service and License Grant: We grant you rights to use the App and the Favor Service.
Subject to the terms and conditions of this Agreement, during the Term, Favor: (a) will provide you with access to the Favor Service, and (b) hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the App on a smart phone, tablet or other mobile device that you own or control.
5. Representations About You: You make certain representations about yourself.
You represent and warrant that (a) you have read and understand this Agreement, (b) you are 18 years of age or older, (c) the information that you provide to us about you or your account in connection with the Favor Service will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.
6. Users: Certain terms apply to Customers and to Runners.
There are two types of users of the Favor Service: (a) Customers who request Merchant products to be delivered, and (b) Runners who provide delivery services. This Agreement applies to your use of the Favor Service as a Customer.
As a Customer, you agree that you will: (i) as a condition to placing an order via the Favor Service, link your Favor account with a valid credit card, debit card and/or other authorized payment method (“Payment Method”), (ii) pay for the orders that you place via the Favor Service, and (iii) comply with all applicable laws at all times. You agree to keep your Payment Method information current at all times while using the Favor Service (such as your card number and expiration date). Additionally, you may add more than one Payment Method per account. If you add more than one Payment Method, you may have the option to designate one as a primary Payment Method.
Customer acknowledges that each Runner retains total and complete discretion as to the Runner’s provision of services. You further acknowledge and agree that Favor has no responsibility and makes no guarantees regarding: (1) Runners or their vehicles, or (2) Merchants or the quality of any products delivered by Runners. Favor retains a portion of the payments made via the Favor Service, but solely as a processing fee for facilitating the transactions and payments envisioned by this Agreement. You accept all risks related to interacting with and transacting with Runners and Merchants and all risk related to the Merchant products that Runners deliver to you.
7. Restrictions On Use of the Favor Service: The Favor Service may only be used for certain activities.
You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Favor Service, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Favor Service, or any part of the Favor Service, or (c) use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity. If you are a competitor of Favor, you are not authorized to use the Favor Service. You may not exploit the Favor Service in any unauthorized or unlawful way. You will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding the Favor Service. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.
8. Transactions Involving Age-Restricted Products (Including Alcohol): You must present a valid government-issued ID verifying your age to receive alcohol or any other age-restricted products through the Favor Service.
You may have the option to order delivery of age-restricted products, such as alcohol, in some locations and from certain Merchants through the Favor Service. You agree to present a valid government-issued ID bearing your photograph and verifying your age at the time of delivery. You agree to comply with any other laws applicable to the delivery of your order. You may not legally receive any alcoholic beverages through the Favor Service unless you are at least twenty-one (21) years of age, and you may not have alcoholic beverages delivered through the Favor Service for anyone who is under the age of twenty-one (21). Orders will not be delivered to anyone who is intoxicated or unable to receive the delivery in-person for any reason. Alcohol orders may only be placed from duly licensed Merchants during the hours allowed by such Merchant and applicable law, which may vary by location. Alcohol delivery may not be available in all areas. Favor credits may not be used on orders involving alcohol. Maximum order size of $300 applies to any orders involving alcoholic beverages. You acknowledge that the Merchant is the seller of record for all products delivered to you, and that the Favor Service connects you with Merchants but does not, and does not intend to, sell you any alcoholic beverages. We reserve the right to refuse or cancel any requests which may violate the requirements of the Texas Alcoholic Beverage Commission (“TABC”), including delivery to certain individuals or businesses. You acknowledge that the Merchant, Runners and/or Favor will have the right to refuse to offer the delivery of any age-restricted products if they or we believe that any of the applicable legal requirements for delivery of alcohol are not met (or are unlikely to be met), in which case either the entire order or the alcohol-related portion of your order will be cancelled. You acknowledge and agree that a return fee ($20, which may vary by market) may be charged to you if an alcohol order is cancelled due to your failure to comply with any requirements of these Terms or applicable law, or if an alcohol order is undeliverable for any reason. FAVOR WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL PRODUCTS PROMOTED OR ACQUIRED THROUGH THE FAVOR SERVICE.
9. Our Rights Regarding The Favor Service: We reserve all rights in the Favor Service not granted to you. We can use your Feedback.
We reserve all rights in and to the Favor Service and all related intellectual property not expressly granted under this Agreement. “FAVOR” and all associated logos displayed within the Favor Service are our trademarks (unless otherwise noted). If you submit comments, suggestions, or other feedback regarding the Favor Service (“Feedback”), you agree that we will own such Feedback and will be free to use such Feedback for any purpose.
10. Order Process: This is generally the process when an order is placed.
11. Payment Terms: You must pay for the orders you place, including any taxes.
Payment. Merchants set prices and fees for their own products. Favor does not mark up any products ordered via the Favor Service. When you place an order, you will be charged for: (a) the total amount of the products you purchase, as calculated by the Merchant (which amount may not be communicated to you until after the order is placed by the Runner), (b) a processing fee based on a percentage of the total order amount (which varies based on the total order amount), (c) a delivery fee (which can vary based on geographic region, merchant or distance) that will be noted at time of order, and (d) a tip for the Runner (described in more detail below). The current fees are available here. In addition, we may offer deals and promotions from time to time with reduced fees and/or discounted products. You hereby authorize your Payment Method to be charged for the fees associated with each order you place via the Favor Service. Once your order is ready for checkout, you will receive an itemized receipt for the order. You acknowledge that you will have from the time the order is placed until the end of the day to pay for the charges noted above. If you do not pay for an order by the end of the day, your Payment Method will automatically be charged (including the suggested tip amount). You acknowledge and agree that Favor has the right to resubmit any charge you authorize that is declined for any reason or returned for insufficient or uncollected funds. If your primary Payment Method is not available for any reason, including without limitation because the card is declined, not valid or declined, Favor reserves the right to automatically charge other Payment Methods you have on file.
Tipping. After the Runner has paid for the order, the Favor Service will automatically provide a suggested tip for the Runner based on the total amount of the order and the distanced traveled by the Runner. You may adjust the amount of any gratuity, however, a minimum gratuity will apply to all orders.
Taxes. Customer acknowledges and agrees that as between Favor and Customer, Customer will be responsible for bearing the cost of any sales or comparable taxes associated with orders Customer places via the Favor Service.
Referral Program. Active Favor customers can earn a credit towards future Favor purchases if a referred friend who has not previously registered as a Favor user, creates a valid Favor account (agreeing to comply with these Terms of Service) and makes and completes an initial purchase from Favor using your personal invite code. Personal invite codes may only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via social media where you are the primary content owner. Public distribution on sites to which you are a contributor, but not the primary content owner, is not allowed. Promoting your referral code via search engine marketing is also not allowed. If you post or share your referral code in connection with your opinion or experience regarding Favor or the Favor Service, you may be required to tell your audience that you will earn a credit if they use your code, as required by guidelines issued by the Federal Trade Commission. Favor, in its discretion, may limit the total referral credit eligible to be received by a user during the same calendar year and may change that limit from time to time at Favor’s discretion. The referral program is void where prohibited.
Credits. Favor credits have no cash value, can only be redeemed for Favor orders, and may be subject to expiration dates or other restrictions at our sole discretion, which will be stated at the time the credit is given. Favor credits are for promotional purposes only and cannot, under any circumstances, be redeemed for cash or any cash equivalent including, but not limited to, gift cards or refunds. Favor credits are not transferable and may not be auctioned, traded, bartered or sold. For questions related to credits, please contact us at email@example.com.
12. Interactions with Other User: We are not liable for your interactions with other users..
The Favor Service is designed to facilitate transactions among Runners, Merchants and Customers. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND TRANSACTIONS WITH RUNNERS AND MERCHANTS, AGREE TO LOOK SOLELY TO SUCH RUNNERS AND MERCHANTS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY TRANSACTION COMMISSIONED VIA THE FAVOR SERVICE OR ANY ORDER, AND EXPRESSLY WAIVE AND RELEASE FAVOR FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY RUNNER OR MERCHANT, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. Favor has no obligation to monitor or resolve disputes among Runners, Customers and Merchants.
13. Communications: Favor and Runners will communicate with you; you will be asked to rate Runners
Favor and certain third parties (i.e. Runners) will need to communicate with you about the Favor Service, including about any delivery requests you place via the Favor Service. Additionally, we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE MESSAGES (WHETHER BY PHONE, EMAIL, TEXT MESSAGES OR PUSH NOTIFICATIONS) FROM FAVOR, RUNNERS AND/OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PHONE NUMBER, EMAIL ADDRESS AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Favor Service or messages that are primarily about transactions enabled via the Favor Service), you will need to terminate your account. In the unlikely event you receive an unwanted or inappropriate text or other communication from Favor or any Runner or Merchant, you agree to promptly notify Favor at firstname.lastname@example.org.
After you receive an order from a Runner, you will be prompted by the Favor Service to provide a rating of the Runner. Your rating should be honest and not misleading and should reflect your own experience with the Runner. Favor reserves the right (but does not have an obligation) to use, share, display, edit or remove your ratings and comments in any manner without attribution to you or your approval.
14. Third Party Services and Materials: Terms regarding products provided by third parties.
Third-Party Services and Materials. In addition to Merchant products ordered via the Favor Service, the Favor Service may enable access to third-party products and services (collectively and individually, “Third-Party Services”). Use of Third-Party Services may require Internet access and your acceptance of additional terms of service. Further, information you make available to Third Party Services is subject to the privacy policies of such third parties. You agree that you will use any Third-Party Services at your sole risk.
The Favor Service and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Favor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Favor does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.
15. Limitations on Availability: The Favor Service may not be available at all times and in all locations.
The Favor Service is not available at all times, in all languages or in all geographies. We are currently available only in select cities. Favor makes no representation the Favor Service will achieve any particular uptime, or that the Favor Service is appropriate or available for use in any particular location. For example, the Favor Service may be available only in certain neighborhoods in a particular city. We do not guarantee that you will be able to place orders with any particular Merchant via the Favor Service. You use the Favor Service at your own initiative and are responsible for compliance with any applicable laws in connection with your use of the Favor Service. Favor may also impose limits on the use of or access to the Favor Service as required by law. Use of the Favor Service is void where prohibited.
16. Term and Termination: Either of us can terminate this Agreement at any time.
This Agreement is effective upon our acceptance after you indicate your assent and provide any required information to initiate your account and will continue until terminated by either you or us. Your right to use or access the Favor Service will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease. Sections 7, 8, 9, 12, 13, 18, 20, 22, 23, and 24 shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect.
17. Mobile App Marketplace Terms: You make certain acknowledgements about app marketplace providers
- Acknowledgements Regarding Marketplace Providers. You understand that this Agreement is between you and Favor and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace and that Favor (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, 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. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or the Favor Service or your use thereof infringes intellectual property rights.
18. Disclaimers and Limitations of Liability: We disclaim all warranties. Our liability to you is limited.
This section is important – please read it carefully. It limits Favor’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
- Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE FAVOR SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTIES REGARDING ANY RUNNER AND THEIR DELIVERY SERVICES OR MERCHANTS AND THEIR PRODUCTS.
- Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE FAVOR SERVICE, OR THE FULFILLMENT OF ORDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY HEREUNDER OR TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE APP, THE FAVOR SERVICE OR RELATED MATERS FOR AGGREGATE DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE TOTAL DOLLAR VALUE OF TRANSACTIONS YOU PLACED VIA THE FAVOR SERVICE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Export and Other Restrictions: You agree not to violate export laws. Additional terms apply to government users.
You may not use or otherwise export or re-export the Favor Service or elements of it, except as authorized by United States law and the laws of the jurisdiction in which the Favor Service was accessed or obtained. You also agree that you will not use the Favor Service for any purposes prohibited by applicable law. The Favor Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
20. Modifications: The Agreement may be changed.
We may change the terms of this Agreement from time to time. Any change will be effective when we notify you of the change (via an update delivered by email or through the Favor Service) and you either signify your acceptance (via email, text or an electronic click-to-accept method) or you continue to use the Favor Service after such notice.
21. Force Majeure: Neither of us will be in breach of this Agreement due to forces beyond our control.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.
22. Governing Law and Venue: Texas law controls this Agreement. Any disputes will be in Texas.
This Agreement will be construed in accordance with and governed by the laws of the State of Texas, without regard to conflicts of laws principles. You agree that the exclusive venue for resolving any dispute between Favor and you, including but not limited to any dispute arising out of or related to this Agreement, shall be the state and federal courts located in Travis County, Texas, and you consent to the jurisdiction of the federal and state courts located in Travis County, Texas. You further acknowledge and agree that many of the witnesses and records that would be relevant to any dispute between the parties are located in Austin, Texas, and that Austin, Texas, would not be an inconvenient forum for the resolution of any dispute between the parties. You hereby waive any objection to Austin, Texas, as a forum and venue for the hearing of any dispute between Favor and you.
23. Assignment: We may assign this Agreement. You cannot assign it unless you get our permission.
We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.
24. Miscellaneous: This is how to interpret this Agreement.
This Agreement, and the documents we reference in this Agreement, is the entire agreement between Favor and you regarding the Favor Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, Favor can be reached at: 2416 E. 6th Street, Austin, Texas 78702, email@example.com.
Last updated: June 29, 2018