Terms of Service
Last Updated: May 1, 2018
I. Agreement to be bound by Contract Terms
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using Restaurant Connection of Santa Barbara, Inc.’s website or other products or services (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you agree to be bound by these Terms. The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the website. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the website, other products or Services.
Restaurant Connection of Santa Barbara, Inc. (“RC”, “We” or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your RC account.
You acknowledge and agree that (i) this Agreement is concluded between you and RC only. By using the website, you are voluntarily agreeing to be bound by RC’s Terms of Service. If you do not understand any portion of the Terms, you should not use RC’s Services. You further confirm that you are 21 years of age or older and you will provide government issued photo identification and a physical credit card used to make the purchase of alcoholic beverages (if requested) upon delivery, to verify your age and identity.
II. Access To RC’s Services
Restaurant Connection of Santa Barbara, Inc. grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the App, subject to the Terms (“License”). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any Restaurant Connection of Santa Barbara, Inc. applications related to the Services on a mobile device that you own or control for your personal non-commercial use. RC’s grant of the License does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms. Any unauthorized use terminates the License granted by RC . All rights not expressly granted herein are reserved by RC.
III. Processing and Delivery of Products
RC provides an ordering service for delivery or pickup only, for restaurants and liquor stores (the “Retailers”), through which all orders and purchases are processed. RC does not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items (“Products”), you are purchasing those items from a licensed retailer, and your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Retailers.
Neither RC, nor any officer, director, employee, shareholder or agent of RC shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
By completing an order including alcoholic beverages through the App, website, or by phone, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages
You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Delivery Driver delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that neither RC nor the Delivery Driver can accept your order of alcohol products, and the order will only be delivered if the Food Service Provider or Liquor Store accepts your order. The Delivery Driver reserves the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Delivery Driver is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee.
Title to, and ownership of, all alcoholic beverages passes from seller to buyer in California, and buyer takes all responsibility for the alcohol being transported from California to the buyer’s selected destination. By placing an order, buyer authorizes seller to act on buyer’s behalf in arranging for transportation of the alcohol at the buyer’s direction. Sales tax will be applied based on the seller’s location. Seller makes no representation as to the legal rights of anyone to deliver. Buyer is solely responsible for the transport of alcohol and other goods purchased and for determining the legality and the tax/duty consequences of having the alcohol and other goods delivered to the applicable destination. Alcohol prices do not include shipping/handling/delivery charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options. No shipments will be made to PO Boxes, APO/FPO addresses, or internationally. There is an additional charge to re-route orders already in transit. Some items are removed from their original packaging and placed in protective shipping containers to ensure safe delivery.
IV. App Usage
Your use of the App and website and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.
You understand and acknowledge that the App is an electronic platform for the purpose of connecting consumers to chosen Retailers to engage in the sale, service, delivery and/or transportation delivery of Products. All sales of Products are transacted between you and the Partner(s). RC does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between RC and any business or third party as a result of this License or use of the App or Services.
You agree to indemnify and hold harmless RC and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website, Software or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. RC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RC in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services.
VI. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
RC DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RC SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
VII. Internet Delays
VIII. Limitation of Liability
IN NO EVENT SHALL RC’s AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO RC IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $100, WHICHEVER IS LESS. IN NO EVENT SHALL RC AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF RC AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
THE SERVICE CONNECTS YOU TO DELIVERY DRIVERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING DELIVERY SERVICES. RC WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY DRIVERS AND YOU EXPRESSLY WAIVE AND RELEASE RC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE DELIVERY DRIVERS. RC WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS OR RETAILERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE RC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. RC WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY DELIVERY DRIVERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE RC FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE DELIVERY DRIVER SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY DELIVERY DRIVER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
RC may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on your RC account, first class mail, or pre-paid post to any address connected with your Account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.
You may give notice to RC (such notice shall be deemed given when received by RC) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to RC at the following address:
Restaurant Connection of Santa Barbara, Inc.
928 Carpinteria Street #6
Santa Barbara, CA 93103
Attention: Restaurant Connection Board
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
XI. Term and Termination of Agreement
These Terms are effective until terminated by you or RC as described below. Your rights under these Terms will terminate automatically without notice from RC if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, RC may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Service.
XII. Controlling Law and Jurisdiction
The Terms and any action, claims, dispute related to the Terms will be governed by the laws of the State of California, including consumer, civil and criminal laws of the State of California, without regard or application of an conflicts of law provisions of your state or country of residence.
You are agreeing to consent in advance to personal jurisdiction in the State of California. Restaurant Connection of Santa Barbara, Inc. is a California-registered corporation with its main headquarters in California. Any dispute that may arise in the future between yourself and RC, Inc. will be subject to the laws of California, including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download RC’s mobile application, website, or any other services.
VIII. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and RC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Barbara County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
XIV. Contact Information
Restaurant Connection of Santa Barbara, Inc. welcomes your questions or comments regarding the Terms:
Restaurant Connection of Santa Barbara, Inc.
928 Carpinteria St, #6
Santa Barbara, CA 93103
Email Address: firstname.lastname@example.org
Telephone Number: +1 (805) 687-9753