Terms of Service
1. Welcome to the MunchMoney Platform
By accessing, downloading, copying, and/or using a MunchMoney App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MunchMoney, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
2. MunchMoney Platform.
Through the MunchMoney App you can access third party products and services. MunchMoney itself is not a restaurant, chef or food service provider and does not own, operate or control any of the restaurants, chefs, or food services facilities accessible through the Site. MunchMoney is not responsible for the preparation, safety, or quality of any meals offered by its Merchants, or for verifying the accuracy of any descriptions or representations made by Merchants regarding their ingredients or meals. MunchMoney is not responsible for the safety or accessibility of any Merchants’ premises, or for the compliance by Merchants of any applicable laws or regulations.
3. MunchMoney User Account
In order to use the MunchMoney App to initiate transactions and/or engage in any restaurant partner reward programs, you must first register with MunchMoney and create a MunchMoney User Account, and associate a valid debit and/or credit card. Your registration and use of a MunchMoney User Account is subject to these User Terms.
By registering for a MunchMoney User Account, you agree that:
- All information provided to MunchMoney is accurate, current and complete, and that you will maintain and update such information as it changes;
- You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
- You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The MunchMoney platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;
- You do not and have never used or maintained any other MunchMoney User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
- Your registration and your use of MunchMoney and any MunchMoney App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
3a. Payment Methods.
MunchMoney enables you to make card-based purchases from MunchMoney of goods provided by third-party merchants by linking to your MunchMoney User Account a debit, credit, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the “Networks”), as well as American Express and Discover (“payment instrument”). Your User Account is not a bank account. MunchMoney is not a bank, and does not offer banking or money service business (“MSB”) services as those terms are defined by the United States Department of Treasury. MunchMoney does not offer money transmission services. By linking a payment instrument to your User Account, you represent to MunchMoney that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your MunchMoney account is at all times current, non-expired, and valid for payments.
3b. Test Authorizations.
By associating a payment instrument with your MunchMoney User Account, you consent to MunchMoney’s temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.
Termination of User Account. MunchMoney reserves the right to reject, suspend, or terminate your registration and/or use of a MunchMoney User Account, and/or your access to the MunchMoney Services, in the event that you breach any of the MunchMoney User Terms or any of the representations and warranties made herein, as determined in MunchMoney’s sole discretion.
4. License to Use the MunchMoney Apps and Websites; Intellectual Property
Limited License. MunchMoney grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this MunchMoney App(s), and/or any MunchMoney website content, for the purpose of using the MunchMoney Services, including the payment for goods and/or services and for participating in merchant reward Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the MunchMoney Apps, Services or MunchMoney Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the MunchMoney Property. You may not collect and use the product listing, pictures, or descriptions within the MunchMoney Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of MunchMoney and its licensors.
No Rights to MunchMoney Property. The MunchMoney App and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the MunchMoney website or Apps, or otherwise used by MunchMoney to deliver the MunchMoney Services (collectively, the “MunchMoney Property”), is the sole property of MunchMoney and/or of third parties provided under license to, or used with permission by, MunchMoney. MunchMoney reserves all rights in the MunchMoney Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.
Trademarks. The marks “MunchMoney" logo are registered or unregistered trademarks of MunchMoney and may not be used in connection with any service or products other than those provided by MunchMoney, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MunchMoney. TPatents.
No Illegal Uses. The MunchMoney Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person
Third-Party Property. The MunchMoney platform and Apps feature the trademarks, service marks, images, and logos of third parties (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners. MunchMoney’s use of such Third-Party Property does not imply any affiliation or relationship between MunchMoney and the Third-Party nor any endorsement of MunchMoney or the Services by such Third Party.
4. Authorization of Payments on the MunchMoney Platform
Authorization for MunchMoney to Charge Payment Instrument. By linking a payment instrument to your MunchMoney User Account, including by tapping the “Add Card” authorization button within a MunchMoney App, and using an App to initiate a transaction to a participating MunchMoney restaurant partner you authorize MunchMoney to charge your linked payment instrument as necessary to complete payment to MunchMoney for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, MunchMoney may charge your payment instrument again at a later time without advance notice to you
In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your MunchMoney User Account, you also authorize a credit to your payment instrument by MunchMoney to accomplish that transaction.
All purchases, orders, and charges authorized using an App and/or the MunchMoney Services are also subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.
There is no limit on the frequency of transactions you may make using your MunchMoney User Account. MunchMoney may impose limits on the amount of transaction(s) you make at any merchant without notice.
Failed Transactions. In the event that MunchMoney is unable to successfully charge any linked payment instrument, MunchMoney will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your User Account. Upon MunchMoney’s notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days. Your MunchMoney User Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by MunchMoney. MunchMoney is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by MunchMoney. To the extent that MunchMoney is unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that MunchMoney may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to MunchMoney. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that MunchMoney, or any agency or business employed by MunchMoney, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with MunchMoney, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these User Terms or not, and such contact may be made in a manual or automated fashion.
Prohibited Transactions. The MunchMoney Service may be used only for the bona fide purchase and exchange, through MunchMoney, of goods and/or services offered in the ordinary course of a MunchMoney restaurant partner’s business, and may not be used to process a payment or otherwise transfer money between two parties. The MunchMoney Service may not be used for transactions in which you request cash back from the merchant. The MunchMoney Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. MunchMoney reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.
Debit/Credit Card Statements. MunchMoney charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as “MunchMoney*”. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for MunchMoney, in its discretion, to cancel your User Account, and seek any other remedies available to MunchMoney.
Transaction Receipts. MunchMoney will provide you with an electronic transaction receipt, through your History within the MunchMoney App and/or by email to the email address provided by you, following each MunchMoney transaction initiated using a MunchMoney App. The receipt will include the date and amount of the transaction, as well as the identity of the MunchMoney merchant at which the transaction occurred. Both individual transaction receipts include contact information for MunchMoney Support.
5. Consent to Electronic Disclosures and Notices; Paper Copies
Your electronic acknowledgement of this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if MunchMoney had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.
In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browser that includes 128-bit encryption, and has cookies enabled; (iii) a valid email address associated with your User Account (if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you agree to white-list all emails from the @munchmoneyapp.com domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them
6. Unauthorized Transactions; Lost Devices; Error Resolution
If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify MunchMoney immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting MunchMoney directly (24/7) at:
MunchMoney Support Team
Lost Devices. In the event that you lose any mobile device on which a MunchMoney App linked to your User Account is installed, or otherwise learn that your User Account password is compromised (“Lost Device”), you shall notify MunchMoney immediately by contacting email@example.com
MunchMoney Security; Reporting Requirements. MunchMoney implements a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your User Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:
- If MunchMoney confirms that a transaction(s) reported by you was an unauthorized or fraudulent use of your User Account, and if: (i) the first such unauthorized transaction was reported to MunchMoney within two (2) business days of a transaction receipt; or (ii) in the case of a Lost Device, the Lost Device was reported within two (2) business days of the loss; MunchMoney will reimburse you for the amount of any fraudulent or unauthorized transactions charged to your payment instrument.
- If you fail to notify MunchMoney of a fraudulent or unauthorized transaction using your MunchMoney User Account within two (2) business days of a transaction receipt, or in the case of a Lost Device, within two (2) business days of the Lost Device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; OR (ii) the sum of either $50 or the amount of the fraudulent use during the initial two (2) days (whichever is less), AND the sum of all fraudulent or unauthorized activity after the initial two (2) days prior to your notification to MunchMoney.
- If you fail to notify MunchMoney of a fraudulent or unauthorized transaction using your User Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be responsible for all fraudulent or unauthorized charges after the sixty (60) day period.
- In the event that the state in which you established your User Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the MunchMoney platform (for example, your wallet is stolen), and your payment instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument. With respect to your card issuing institution, federal law provides that, should MunchMoney fail to resolve a dispute as to property or services purchased from MunchMoney, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute. You may withhold payment to your issuing institution up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.
User Fraud. If MunchMoney determines that you have engaged in any fraudulent use of the MunchMoney Services, or use in violation of these User Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, MunchMoney shall impose a fee of one hundred ($100.00) dollars for each investigation by MunchMoney that results in a confirmation of such violation of these User Terms. By registering for a MunchMoney User Account, you agree to all additional fees and penalties that MunchMoney may impose in the event MunchMoney deems your use of the MunchMoney platform to be in breach of these User Terms, including without limitation the immediate termination of your MunchMoney User Account.
7. Restaurant Partner Loyalty and Reward Campaigns
When initiating a MunchMoney transaction through the MunchMoney app, you participate automatically in any promotional campaigns offered by MunchMoney’s restaurant partners, and/or third-party partners offering rewards to MunchMoney Users, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. (“Programs”), and earn automatically any restaurant partner-offered rewards, incentives, or discounts (“Restaurant Partner Credit”) and/or third-party-offered incentives, rewards, or discounts (“User Credit”) associated with your transaction. MunchMoney will also automatically redeem any Merchant or User Credit previously awarded at the time of purchase at the participating restaurant partner’s POS in accordance with the terms of such Program. Restaurant Partner or User Credit applied to the purchase will be deducted from the transaction amount charged by MunchMoney as part of the credit balance with that specific restaurant partner.
Promotional Programs, and Restaurant Partner or User Credit associated with such Programs, are offered by the merchant or funding third party alone (and not by MunchMoney) and the offering parties are responsible for setting applicable rules, including the expiration of any Restaurant Partner or User Credit, and compliance with such rules. Any complaints concerning any restaurant partner’s or third party’s failure to award or redeem Restaurant Partner or User Credit according to any Program may be sent to MunchMoney at: firstname.lastname@example.org. While MunchMoney may, in its discretion, attempt to resolve any complaints concerning a person’s failure to award or redeem Restaurant Partner or User Credit, MunchMoney is not responsible for such person’s failure to award or redeem Credit for any reason.
The third-party restaurant partner providers of goods and services available for purchase through the use of the MunchMoney Services shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Program, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Program at any time. MunchMoney also reserves the right to terminate a merchant’s Program at any time.
Redemption or application of Restaurant Partner or User Credit for alcoholic beverages is at the sole discretion of the Restaurant Partner, and is subject to (and may be limited by) Restaurant Partner’s compliance with applicable federal, state, and local laws and regulations.
9. Privacy, Security, and User Data
No Access to Financial Information. MunchMoney Apps, and any software applications or websites that you may authorize to access your User Account, are not able, or authorized, to capture or store your financial account information provided to MunchMoney, or details of your linked payment instruments, including on your mobile device, without your expressly granted permission. You should never be asked by any merchant to disclose your financial account information, or your payment instrument information, or to provide any other sensitive information such as your Social Security number, in connection with any MunchMoney transaction. If you are asked for such information, you should report the incident to MunchMoney immediately.
Grant of Additional Permissions. MunchMoney App providers may also request new or additional permissions from you in the future. Such parties may condition the download, and/or continued use of a website, software application, or MunchMoney App upon your grant of certain additional specified permissions. The decision to grant such permissions is in the sole discretion and responsibility of the User. You understand and agree that Apps, software applications, and websites provided by third parties that request access to your User Account are not controlled by MunchMoney. You should investigate diligently any party requesting permissions in your User Account before agreeing to grant such access. The permissions granted by you to any App provider, or any third-party software or website provider, may be transferred to any other entity without your approval
Revocation or Permissions. You may revoke permissions granted to a MunchMoney App or any software application or website at any time by contacting us at email@example.com or through the MunchMoney App.
12. Ideas Submitted to MunchMoney; User Content
User Ideas. MunchMoney is pleased to hear from you and welcomes your comments about the MunchMoney platform. If you submit ideas or suggestions for the MunchMoney platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of MunchMoney, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of MunchMoney, and MunchMoney will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, MunchMoney will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
13. Copyright Infringement; Digital Millennium Copyright Act
- MunchMoney has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, the text of which may be found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
- Procedure for Reporting Copyright Infringement:If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at firstname.lastname@example.org.
Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which MunchMoney may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
14. Suspension; Modifications and Termination
Termination by User. You may terminate this Agreement at any time by closing your MunchMoney User Account and ceasing to use the MunchMoney Services, and all MunchMoney Apps.
Termination by MunchMoney. MunchMoney reserves the right to suspend or terminate your User Account and/or your access to the MunchMoney Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the MunchMoney Services or any MunchMoney App in a manner harmful to MunchMoney, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Restaurant Partner or User Credit that you rightfully earned prior to termination.
Modification of Services and Terms. MunchMoney reserves the right to modify the Services and MunchMoney Apps, any features or aspects of the Services or Apps at any time, without notice to you. MunchMoney may also from time to time amend, update, or change these User Terms. If MunchMoney does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published MunchMoney policies when using the MunchMoney Apps and/or Services. You agree that your continued use of your MunchMoney User Account, the MunchMoney Services, or the MunchMoney Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the MunchMoney Services and MunchMoney Apps.
Obligations in the Event of Termination. If your MunchMoney User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the MunchMoney Services and all MunchMoney Apps, (c) that the license provided by MunchMoney under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by MunchMoney, and (e) that MunchMoney shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of MunchMoney or for termination of access to your MunchMoney User Account.
Sections 4, 8, 9, and 13-17, any accrued rights and remedies hereunder, including specifically MunchMoney’s rights to retain and use User Data and complete any authorized transactions, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
15. No Warranties
The MunchMoney Services and MunchMoney Apps are provided on an “as-is” basis. MunchMoney does not warrant that the Services or MunchMoney Apps will operate error-free or without downtime. MunchMoney may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MunchMoney DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. MunchMoney DOES NOT WARRANT THAT THE MunchMoney SERVICES AND/OR ANY MunchMoney APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MunchMoney IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MunchMoney OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the MunchMoney Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the MunchMoney Services.
MunchMoney is not responsible for the goods and services that you purchase using the MunchMoney Services or any MunchMoney App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. MunchMoney is also not responsible for any customer service related to your payment instrument(s).
Because we do not control the security of the Internet, or other networks you use to access the MunchMoney Services, MunchMoney is not responsible for the security of information that you choose to communicate with MunchMoney while it is being transmitted. MunchMoney is not responsible for any data lost during transmission.
16. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MunchMoney, OR ANY OF MunchMoney’S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE MunchMoney SERVICES OR ANY MunchMoney APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE MunchMoney SERVICES OR ANY MunchMoney APP. MunchMoney SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MunchMoney SERVICES, YOUR MunchMoney USER ACCOUNT, ANY MunchMoney APP, OR THE INFORMATION CONTAINED THEREIN. MunchMoney SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE MunchMoney SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.
THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF MunchMoney OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your MunchMoney User Account, and MunchMoney may condition its payment of any fraud or unauthorized use reimbursement upon your releasing MunchMoney from any further claims with respect thereto.
An action or proceeding relating to any claim arising out of the MunchMoney Services or any MunchMoney App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.
17. Release of Claims; Indemnity
You hereby release, and agree to defend, indemnify and hold harmless MunchMoney against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with or relating to: (i) your improper or illegal use of the MunchMoney Service or any MunchMoney App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the MunchMoney Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the MunchMoney Services or any MunchMoney App (“Damages”). MunchMoney reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with MunchMoney with respect to such defense and settlement.
18. Disputes; Arbitration
MunchMoney seeks reasonably to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and MunchMoney, you agree that any disputes arising out of or relating to the MunchMoney Services, any MunchMoney App, or this Agreement (including, without limitation, the validity, applicability, or enforceability, and scope of the agreement to arbitrate and any disputes with MunchMoney’s third-party licensors or restaurant partners) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in New York, New York unless the AAA or the arbitrator shall determine that venue in New York is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but MunchMoney does not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST MunchMoney.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
19. Miscellaneous Provisions
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.
This Agreement shall be governed by the laws of the State of New York without reference to principles of conflicts of laws.
No delay or omission by MunchMoney in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by MunchMoney of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained
Except as provided in §16 above, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
In no event shall MunchMoney be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside MunchMoney’s reasonable control.
The provisions of this Agreement are entered into for the benefit of MunchMoney, its third party licensors, and the restaurant partners and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
MunchMoney reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any MunchMoney App or Service, shall constitute agreement to User Terms as so amended.
In the event of a conflict between this Agreement and any other MunchMoney agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.
Effective Date of these Terms of Service: January 2, 2019
- CERTAIN ELIGIBILITY CRITERIA; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS.
- Eligibility Criteria. As stated above, the availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to MunchMoney or may terminate your subscription at any time based on these criteria. The right to access the Site is revoked where these Terms are not in compliance with any laws, rules and regulations applicable to you or use of the Site is prohibited, or to the extent any offering, sale or provision in connection with the Site conflicts with any applicable law, rule or regulation.
- THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. AND ONTARIO, CANADA, AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY MunchMoney. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF EITHER THE UNITED STATES OR ONTARIO, CANADA WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
- Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
- Account Information. Account registration requires you to submit to MunchMoney certain personal information, such as your name, address, and mobile phone number. You are permitted to create only one account. You agree that the information you provide to MunchMoney at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
- PROHIBITED CONDUCT - You promise not to:
- Harass, threaten, or defraud users, members or staff of MunchMoney or Merchants;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Impersonate another person or access another user’s account with or without that person’s permission;
- Share your MunchMoney account information (including but not limited to passwords) with any third party (including but not limited to other MunchMoney members) or encourage any other user to do so;
- Attempt to redeem any gift card, promotional plan, or promotion more than once or otherwise than as described.
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Upload material (e.g. virus) that is damaging to computer systems or data of MunchMoney or users of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.