These terms of use are entered into by and between you and InstaMarkt, Inc., dba Instamarkt ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our website at http://instamarkt.co/ and our "Instamarkt" mobile application (collectively, the "App"), including any content, functionality, and services offered on or through the App.
By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://www.instamarkt.co/terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
The App is offered and available to users who are 16 years of age or older and reside in the United States. Users may only purchase items through the App if they are old enough to legally do so (e.g., you must be 21 or older to purchase alcohol). By using the App, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the App.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.
Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You should check back from time to time so you are aware of any changes.
Although we will use reasonable efforts to make the App available on a regular basis, we reserve the right to withdraw or amend the App or any of its contents, and any goods or services offered through the App, in our sole discretion without notice. We will not be liable if all or any part of the App (or any goods or services offered through the App) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App.
To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy [https://www.instamarkt.co/terms], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if we have determined that you have violated any provision of these Terms of Use.
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App for your personal and non-commercial use. As between you and Company, the App and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as may be necessary to access and view those materials for your personal and non-commercial use, or as we may otherwise agree in writing. You also may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.
If you wish to make any use of material on the App other than as set out in this section, please address your request to info@instamarkt.co.
If you breach these Terms of Use, your right to use the App will stop immediately. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the INSTAMARKT trademarks (including the text mark and awning logo), and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by the Company or its licensors. You may not use such intellectual property without the prior written permission of the Company.
You are prohibited from stating or suggesting that you are affiliated with or endorsed by Company without the prior written permission of the Company (e.g., through a separate agreement).
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
Further, you may not:
We have the right to:
If you believe that any content accessible on or from the App infringes your copyright, you may request removal of that content (or access to it) under the Digital Millennium Copyright Act ("DMCA") by providing a written notice to our copyright agent containing the following information:
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Attention: Copyright Agent
InstaMarkt
3759 SW Badger Ave Suite 205
Redmond, OR 97756
Email: Info@InstaMarkt.co
It is the policy of the Company to terminate the user accounts of repeat infringers.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing exposes themselves to the risk of liability for damages, including costs and attorney fees. Please also note that we may, at our discretion, share a copy of your notice with third parties, potentially including media organizations and database operators such as Lumen. These third parties pay further publish your notice.
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The App includes content provided by third parties. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
If you provide suggestions or other feedback regarding the App, we may use and share such feedback for any purpose without compensation or credit to you.
All information we collect from and about you through the App is subject to our Privacy Policy [https://www.instamarkt.co/terms]. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, http://instamarkt.co/, or reference our App—such as where it is available for download—provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
You recognize and agree that we are not a restaurant or delivery service; our App only facilitates transactions between you and independent third parties such as restaurants and delivery services. Furthermore, we do not independently verify such third parties' compliance with applicable law. We are therefore not responsible or liable for any actions or omissions of those third parties. We are also not responsible for the actions or omissions of third parties linked to or from our App. This includes links contained in advertisements, including banner advertisements, and sponsored links. We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Certain features of the App, such as placing orders, require you to make payments. You may also elect to pay cash upon delivery in certain circumstances (in which event all amounts are due from you upon delivery). Regardless of how you pay, all payments are final and non-refundable unless we agree otherwise in writing. We may, in our sole discretion, offer credits or refunds on a case-by-case basis including, by way of example, if there is an error with your order or in the amounts you were charged.
Unless you elect to pay cash upon delivery, we will charge, and you authorize us to charge, the payment method you specify at the time of purchase through the App. If payment is made with a credit card or via an account from a financial institution (e.g., your bank), we may seek pre-authorization before your purchase to verify that the card or account is valid and has credit or sufficient funds available for your intended purchase. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
If we advance payment for any of your orders placed via the App and you have not paid within one week from when the order was placed, we may—at our sole discretion—charge another valid payment method associated with your account, contact you directly for alternative payment information, or send you invoices for payment of those advanced amounts. In any event, we reserve the right to terminate your access to the App for any non-payment or late payments.
We reserve the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all goods or services obtained through the use of the App at any time, and further reserve the right to
consolidate or otherwise incorporate fees and/or surcharges into the prices listed for food and beverage items. You are responsible for paying all taxes for goods and services you order.
Company is based in the United States. We provide the App for use only by people located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF THE APP, ITS CONTENT, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY GOODS OR SERVICES OBTAINED FROM IT, ANY WEBSITES LINKED FROM IT, OR ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its shareholders, directors, officers, affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including but not limited to any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information, goods, or services obtained through the App.
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.
Any disputes or claims will be settled by arbitration administered by confidential arbitration through the American Arbitration Association ("AAA"), before a single arbitrator in Bend, Oregon, and in accordance with the AAA's Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Nothing in these Terms of Use prohibits a party from seeking immediate injunctive relief from a court.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE THE CAUSE OF ACTION OR CLAIM IS BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If you have any questions or would like to request additional information, you may contact us at info@instamarkt.co.
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