Privacy Policy
Information we collect:
When you use or visit our Services, we collect information directly from you. We may also generate information about you (e.g., information about your device while you use our mobile application). In some cases, we also obtain personal information from third parties (e.g., restaurants, business partners, or other third parties).Using Your Information
We use your information to provide our Services, tailor your experience, show you bookings and transactions made through MyMeal and our group companies, send you marketing communications, provide you with more relevant advertising and offers that may be of interest to you, and for other purposes described below.Sharing Your Information
We track and share your information with restaurants and restaurant affiliates; with our service providers (including payment processors); with other business partners (including advertising partners); with social networking services; with third-party services or applications you use to log into your MyMeal account; and others as described below. We share information to provide and improve our Services, for our own marketing purposes, to facilitate offers and advertising from others that may interest you, and for other purposes. You hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your content for any purpose. You also irrevocably grant the users of our website and any other media the right to access your content in connection with their use of our website and any other media.Protecting Your Information
We maintain technical, administrative, and physical security measures designed to protect your information. We may retain your information for as long as your account is active and for a period thereafter to allow you to re-activate your account without loss of information, and as necessary for purposes described below.Cookies
We use cookies and similar technologies to help provide our Services, offer you a more personalized user experience and market our and third parties’ products and services to you.
Your Account. You may create an account with MyMeal through the MyMeal Websites (“Account”) to use our Services. When registering for an Account, you must provide accurate, current, and complete data about yourself on our MyMeal registration form. You also agree to promptly update the Registration Data to keep it current and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify MyMeal of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Communications from MyMeal. If you use our Websites and Services, MyMeal may communicate with you via electronic messages, including email, or text message/SMS in accordance with our privacy policy.
Modifications to Services. MyMeal 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 MyMeal Sites, Restaurants, and/or Merchants. MyMeal 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.
Intellectual Property Rights. 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 “MyMeal content”) are provided to you by MyMeal or our partners or licensors solely to support your permitted use of the Services. The MyMeal content may be modified from time to time by us in our sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the MyMeal content by you shall constitute a material breach of this Agreement. MyMeal and our partners or licensors retain all rights in the Services and MyMeal content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. You irrevocably waive, and cause to be waived, against MyMeal and its users any claims and assertions of moral rights or attribution with respect to your content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your content. No license, right, or interest in any of our trademarks or any third party is granted under this Agreement.
License. Subject to the terms and conditions of this Agreement, MyMeal grants you a non-exclusive, non-transferable, revocable license to use the MyMeal mobile applications.
Use Restrictions. The Services and MyMeal content are offered solely for your personal use for the purposes described in this Agreement. All other uses are prohibited. MyMeal expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). MyMeal reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to, and will not assist, encourage, or enable others to: (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of our Services or MyMeal Content, except as expressly authorized by MyMeal; (2) take any action that imposes or may impose, in MyMeal’s sole determination, an unreasonable load on the Services or MyMeal’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or MyMeal content to a third party; (5) use any portion of the Services or MyMeal content to provide, or incorporate any portion of the Services or MyMeal content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to our Services, except to the extent expressly permitted by applicable law, and then only upon advance notice to MyMeal; (7) modify any Services or MyMeal content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or MyMeal content; (9) use the Services or MyMeal content for any illegal purpose or circumvent or disable any security or data-protection measures implemented by MyMeal; (10) publicly disseminate information regarding the performance of the Services or MyMeal content or access or use the Services or MyMeal content for competitive analysis or benchmarking purposes; (11) write a fake or defamatory review, trade reviews with other businesses, or compensate someone or be compensated to write or remove a review; (12) post material anonymously, post under more than one name, or impersonate any other person; (13) post or transmit through our website any material that encourages criminal conduct, a violation of our terms of use or Privacy Policy, or that may give rise to civil liability; (14) violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (15) threaten or harass others, or promote bigotry or discrimination; (16) send bulk emails, surveys, or other mass messaging; (17) attempt to manipulate our website’s search results or any third party website; (18) violate any applicable law; (19) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or contents thereof, except as expressly authorized by MyMeal; or (20) attempt to gain unauthorized access to the Site, you accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; (21) use our website to transmit any computer viruses or other items of a destructive nature.
Termination. MyMeal may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, MyMeal may suspend your access to the Services if we believe you to be in violation of any part of this Agreement, including any MyMeal Policies. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that MyMeal shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which MyMeal will have no liability whatsoever.
Reviews, Comments, and Communication. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User content”). If you send us any ideas, suggestions, documents, or proposals, you agree that (i) your material does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the material you submit, (iii) we may have something similar to the material already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the material.
Any User content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. Your content should be unbiased and objective. You may not submit reviews, comments, or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your content. The name or handle you choose to provide to MyMeal may be displayed publicly with such your content. MyMeal reserves the right to monitor, remove, or edit your content in MyMeal’s sole discretion, including if your content violates this Agreement, including any MyMeal Policies, but you acknowledge that MyMeal may not regularly review submitted your content.
Your Representations. You represent and warrant that you own or otherwise control all of the rights to any your content submitted by you; that all content submitted by you is accurate; and that exploitation of such content by MyMeal and its partners and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party. You represent that you own or have the necessary permissions to use and authorize the use of your content as described herein. MyMeal takes no responsibility and assumes no liability for any your content submitted by you or any other third party, nor do we guarantee any confidentiality with respect to your content.
You will indemnify, hold harmless, and, at MyMeal’s request, defend MyMeal, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “MyMeal Parties”) from and against all claims resulting from (1) any your content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL MyMeal BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, INCLUDING ANY CHANGES THERETO, (2) ANY USE OF THE MyMeal SITES, SERVICES, THE MyMeal CONTENT, OR YOUR CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE MyMeal SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE MyMeal CONTENT. MyMeal IS NOT RESPONSIBLE FOR ANY ACTION OF ANY RESTAURANT OR OF ANY FOOD OR BEVERAGE SOLD TO OR CONSUMED BY YOU.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIVE US DOLLARS ($5).
Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND MyMeal CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL MyMeal CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. MyMeal EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. MyMeal DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MyMeal WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. MyMeal SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MyMeal.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites and Applications. The Services may contain hypertext links to websites and applications operated by parties other than MyMeal. Such hypertext links are provided for your reference only, and MyMeal does not control such websites and is not responsible for their content. MyMeal’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. MyMeal assumes no liability whatsoever for any such third-party websites, applications, or any content, features, products, or services made available through such third-party websites or applications.
Release. Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any Restaurant or from any promotion, offer, product or service of any Restaurant. You must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release MyMeal from all such Claims.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by MyMeal.
Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Arbitration. If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and MyMeal or our successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”).
In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights may be determined by a neutral arbitrator and NOT a judge or jury.
In the case of arbitration and where permitted by law, you and MyMeal must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR MyMeal MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitrator shall honor claims of privilege and privacy recognized at law; (4) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (5) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (6) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or MyMeal may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Denver, Colorado. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Denver, Colorado in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Denver, Colorado for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of MyMeal Parties in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, any subpart of this Agreement is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor MyMeal shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Denver, Colorado.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website.
Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Colorado, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.