This Agreement applies to your use of the Lunchdirect.com payment service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. Use of the system in any way constitutes value, and fulfills the lunch reservation. Lunch reservation money is distributed to its local caterer and delivery service, its credit card processor, support personnel, and potentially school resources. An order immediately commits funds to those support elements and is not available for a refund.
This User Agreement ("Agreement") with Lunch Direct ("we," "us" or "our") applies to use of the Lunchdirect.com system ("Website"). In this Agreement, "you" or "your" means any person or entity using the Website . By checking the consent box on the registration page, or use of the Lunch Direct system, you agree to the terms-and-conditions of this Agreement.
1. USE OF FACILITIES.
(A) You can use the Website to ORDER/RESERVE your child's lunches and related services.
(B) All lunch orders must be placed before the published cut-off date for your child's school. The cut off time is 12:00 am (midnight) EST . In the event where Lunch Direct can accommodate a late order request, a late order charge will apply.
(C) You also may use the Facilities to obtain information about the orders and payments with Lunch Direct. You authorize us and your child's school to share information in connection with our operation of Lunch Direct.
(D) Lunch Direct reserves the right to substitute a meal at any time, if needed.
You shall be responsible for protecting the confidentiality of the user passwords and should not permit any other person to use your password.
3. CANCELLATIONS AND REFUNDS. CREDITS.
- Lunch Direct orders are NON-REFUNDABLE.
- CREDITS are a Lunch Direct internal accounting method for meal cancellations.
- CREDITS have NO CASH Value.
- Credits are NON-REFUNDABLE, and are NON-TRANSFERRABLE.
- Cancellations must be processed by the order cut-off, for the week following and later.
- Cancelled orders will be credited to the parent record as CREDITS. CREDITS are applied automatically to future orders.
- CREDITS expire after 90 days. They are a short term solution for an order that needed to be cancelled..
- If a parent or school terminates service, credits will be zeroed out.
CREDITS SHOULD NOT BE PURCHASED TO ORDER LUNCHES, except in special situations (eg. shared custody).
4. LATE ORDERS.
- Normal prior week late orders are automated using an Extended Order feature on the order calendar. The calendar is color coded, noting if the late order feature is available. The fee for handling a late order is $5.00 (for whole order).
- "Same Week" late orders CAN NOW BE PLACED [in select markets]; confirmation will be noted, with caterer and school notified. These "Same Week" orders incur the normal $5.00 processing fee.
- ALL School late Product Orders require contacting Lunch Direct in advance with a late order email request at email@example.com. All late Product Orders are manually processed, and require caterer approval.
- Normal prior week late School Product Orders. incur a $20.00 processing fee (for the whole order).
- "Same-Week" late Product Orders incur a $40.00 processing fee.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(A) THE FACILITIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY THAT THE FACILITIES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE FACILITIES. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR CATERER AND YOUR SCHOOL WILL FOLLOW ALL NATIONAL, STATE AND LOCAL LAWS GOVERNING THE SAFE HANDLING AND SERVICE OF FOODS. LUNCH DIRECT PROVIDES A WEB ORDERING SERVICE FOR THE PARENT, SCHOOL, AND CATERER; AND IS NOT LIABLE FOR ANY CLAIMS RELATED TO THE FOODS SERVED. THE SCHOOL INDEMNIFIES THE CATERER AGAINST ANY RESPONSIBILITY FOR FOODS WHICH ARE WHOLESOME, BUT WHICH MAY CAUSE ALLERGIC REACTIONS, CHOKING INSTANCES, OR OTHER DISTRESS. THE PARENT IS RESPONSIBLE TO CHECK THE ALLERGENS POSTED ON THE WEBSITE FOR ALLERGENS WHICH MAY AFFECT THEIR CHILD AND TO NOTIFY THE SCHOOL.
(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UN-AUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES.
(C) IN NO EVENT WILL THE CATERER, SCHOOL OR FRANCHISE, OR LUNCH DIRECT BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FACILITIES OR FOOD SERVICE.
You may terminate this Agreement at any time by providing written notice to us. We may immediately terminate this Agreement without notice, including but not limited to if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Sections 5, 6, 7, and 9 will survive termination of this Agreement.
Lunch Direct, our logo, Lunchdirect.com and all related logos, products and services described in the website are copyright protected.
The Website is the property of Lunch Direct and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are our property. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
9. LINKS TO OTHER WEBSITES.
We may provide links on our web site to other websites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "Lunchdirect.com" is such a website. These links are provided for convenience only and are not intended as an endorsement by us of the organization or individual operating the Web site or a warranty of any type regarding the web site or the information on the website.
You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you or your child with respect to the Facilities, or your child's school.
11. MISCELLANEOUS TERMS.
(A) Entire Agreement.
This Agreement, other agreements, policies and any operating rules posted on the Website or provided to you constitute the entire agreement between you and us with respect to your use of the Facilities, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(B) Change in Terms.
We reserve the right at any time to change, add to or delete any aspect or feature of the Facilities and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use. We will provide notice of any such changes by posting notice to the Website or as otherwise required by law. Any use of the Facilities by you after such notice shall be deemed to constitute acceptance by you of such changes.
(C) Applicable Laws.
This Agreement is governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
Any waiver of our rights must be in writing and signed by us. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(E) Taxes and Handling charges.
State, local, city taxes and handling charges, if any, will be listed in the Checkout Cart, and included in the order total.