Terms and Conditions
Terms and Conditions ("Terms")
Last updated: September 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.cartana.net website and the Cartana mobile application (the "Service") operated by Cartana LLC.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Conditions of Use
1. Using Cartana
You may only use the Service to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites. Notwithstanding the foregoing, you are prohibited from using the Sites if you are under the age of 13.
Use of the Sites to order requires that you register and/or create an account ("Account"). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cartana has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cartana has the right to block your current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Cartana of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Cartana will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
2. Pickup and Delivery Orders
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Cartana offers no guarantee by this time. Cartana is not responsible for any delays in receiving your Order for any reason. If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. The right is reserved of Vendors to require, valid government-issued photo identification, matching the name on the order, proving your age to the courier and that the recipient will not be intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Vendor then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discretion of the Vendor.
3. Payment Methods
We accept Visa, MasterCard, American Express, and Discover credit card. In order to protect our customers from credit card fraud, the billing address on your order form must match the billing address to which your monthly credit card statement is mailed. All Cartana online transactions are secured with industry-standard SSL data encryption that supports 128-bit encryption.
4. Credit Policy
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
5. Communications from Cartana
6. Technical Requirements
7. Modifications to Services
Cartana reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Cartana Sites, Restaurants, and/or Merchants. Cartana shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Cartana, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Cartana does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Cartana be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
9. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cartana.
Cartana has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cartana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
10. Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Cartana reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Cartana uses reasonable efforts to include accurate and up-to-date information on the Site, Cartana makes no warranties or representations as to the Site's accuracy. Cartana assumes no liability or responsibility for any errors or omissions in the content on the Site.
Cartana Rewards Program
It is the Cartana member's responsibility to read and understand the terms and conditions regarding the Dining Rewards Program, outlined below.
- Dining Rewards Points are NOT redeemable for cash.
- Only Cartana registered members can participate in the Dining Rewards Program and earn Dining Points at participating restaurants.
- Dining Points are not awarded until the dine-in at the participating restaurant has been completed (i.e., the dining party has paid for the meal).
- Cartana reserves the right to terminate a member's Dining Rewards' account and cancel accrued Dining Points if Cartana believes, in its sole discretion, that the member is abusing the Dining Rewards program, or is misrepresenting any information furnished to Cartana.
- Any Cartana member who fails at any time to earn Dining Points for a period of twelve (12) months is subject to termination of his or her membership and forfeiture of all accrued Dining Points.
- Should Cartana offer rewards from any partners, Cartana will not be responsible for any partner's participation in or withdrawal from Dining Rewards Program.
- Dining Points earned by a member in two or more different accounts cannot be combined to redeem any award.
- Members are solely responsible for any tax liability related to participation in Dining Rewards.
- Inquiries regarding the Cartana Dining Points assigned to a restaurant must be submitted via email within 14 days after the dine-in date in order to be considered for review by Cartana.
If you need further information or clarification, please contact us via email.
Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Cartana Content”) are provided to User by Cartana or its partners or licensors solely to support User’s permitted use of the Services. The Cartana Content may be modified from time to time by Cartana in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Cartana Content by User shall constitute a material breach of this Agreement. Cartana and its partners or licensors retain all rights in the Services and Cartana Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Cartana or any third party is granted under this Agreement.
Violations of the Agreement
Cartana reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
Changes to the Agreement
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
If you have any questions about these Terms, please contact us.
Updated and Effective October 7, 2016
1.What Types of Information Do We and Our Third Party Service Providers Collect From You?
Personal Information is information such as your name, tied to a postal address, telephone number, email address, and date of birth, or other data that, when taken together, can uniquely identify you. Personal Information also includes certain sensitive information related to your finances or, for business accounts, related to the finances of your employer, such as a credit card number or other payment account number (including the three (3) or four (4) digit validation code for your credit card). In order for you to take advantage of the services provided through the Sites, we may require that you furnish Personal Information or, for business accounts, that your employer furnish Personal Information for you. We and our third party service providers collect your Personal Information when you voluntarily provide it to us or, for business accounts, when your employer provides it to us.
Non-Personal Information (or "Non-PII") is aggregated information, demographic information and any other information that does not uniquely identify you. We and our third party service providers may collect your Non-Personal Information, including information about the device you are using in accessing and/or using the Sites, information from referring websites, and your interaction with the Sites. We and our third party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. This collective information constitutes Non-Personal Information.
How Do We Respond to Do Not Track Signals Some browsers allow you to indicate that you would not like your online activities tracked, using “Do Not Track” indicators; however we are not obligated to respond to these indicators, and we are not currently set up to respond to them. This means that we may use latent information about your online activities to improve your use of our Sites consistent with this policy.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP) and is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.
2.How Do We and Our Third Party Service Providers Use Information Collected From You?
Personal Information. We and our third party service providers may use your Personal Information and any third party’s Personal Information that you may provide, as applicable:
- to process your registration on our Sites, including verifying your information to ensure its accuracy and validity.
- to fulfill your requests (e.g., to allow you to order food through our restaurant partners and have it delivered to you, or to provide you with information that you request).
- to fulfill your purchases (e.g., to process credit card payments in connection with your food order).
- to customize content on our Sites (e.g., the restaurants that will deliver to your location).
- to send you important information regarding the Sites, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the Sites, you may not opt out of receiving such communications.
- to inform you of products, programs, services and promotions that we believe may be of interest to you and to permit you to participate in sweepstakes, contests and similar promotions (collectively, "Promotions").
- to permit you to refer us to your friends so that we may send them a promotional offer through the Sites. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name and email address. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will not use your friend's Personal Information for any purpose other than to allow a promotional offer to be sent and/or to troubleshoot any issues with respect such promotional offer, unless we disclose such other purpose to you at the time you provide your friend's Personal Information to us.
- for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
Non-Personal Information. Because your Non-Personal Information does not personally identify you, we and our third party service providers may use such information for any purpose. For example, we may work with third parties for the purpose of advertisement delivery on the Sites, including online behavioral advertising (“OBA”) and multi-site advertising. The Non-Personal Information collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services. If you would like to obtain more information about these practices, or if you would like to opt out of targeted advertising from participating advertisers, please visit http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/.
In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third party service providers may combine Non-Personal Information with Personal Information. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).
3.How Do We and Our Third Party Service Providers Share Your Personal Information With Others?
We and our third party service providers may disclose Personal Information:
- to provide services, or to enable third party service providers to provide services, such as payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, and other similar services.
- to detect, prevent or otherwise address actual or suspected fraud, security or technical issues, and to verify your purchase to holder(s) of any credit card(s) or other payment account(s) used to place order(s) through your account.
- as required to fulfill your order (e.g., to our restaurant partners to enable them to fulfill your order).
- to identify you to any person to whom you send messages through the Sites.
- to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy and/or similar proceedings).
- as we believe to be appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and/or those of any of our affiliates; (f) to protect our rights, privacy, safety and/or property, and/or that of our affiliates, you and/or others; (g) to permit us to pursue available remedies and/or limit the damages that we may sustain; and (h) for recordkeeping purposes.
4.Other Important Notices Regarding Our Privacy Practices.
Forums and Profiles. We and our third party service providers may make available through the Sites certain services (for example, message boards, chat functionality, "profile pages" and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to visitors to the Sites and to the general public, including without limitation the ratings and reviews that accompany many restaurant listings and the comments section of our blog posts. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE THROUGH THE SITES.
Security. We and our third party service providers use reasonable organizational, technical and administrative measures to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.
Unsubscribe. If you do not wish to receive marketing-related emails from us, you may unsubscribe from receiving them by clicking on the "unsubscribe" link at the bottom of any of those emails. You may also unsubscribe from receiving order updates via text by texting “STOP” to 94833.
Changing Personal Information. You may review, correct and/or update certain elements of your Personal Information by adjusting your preferences in the "My Account" section of GrubHub.com. We and our third party service providers are not responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have shared your Personal Information.
Note Regarding the Use of the Site by Children. Under no circumstances are the Sites directed to and/or intended for use by individuals under the age of thirteen (13). Such individuals are prohibited from using the Sites and should not provide Personal Information through the Sites.
Disclaimer. If you choose to access the Sites, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.
California Privacy Rights. If you are a user of the Sites and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.
GrubHub Holdings Inc. Attention: Privacy Team 5 Bryant Park, 15th Floor New York, NY 10018 Tel: (877) 585-1085 Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.