Last Updated: 01/29/2014
Tray enables you to easily order and pay for physical goods such as food and drinks through your mobile device. In some case, after you place your order, you will receive a notification through Tray that your order has been accepted by the venue. In some cases, when your order is ready, you will receive a new notification that you can pick up your order at a designated pickup area or that your order is being delivered to you. If you are not available to receive within the timeout period specified in the app, your order will time out and may be removed and discarded.
ALL SALES FOR ORDERS PLACED THROUGH TRAY ARE FINAL. AS LONG AS THE ORDER HAS BEEN ACCEPTED BY THE VENUE THERE ARE NO REFUNDS, EXCHANGES OR RETURNS FOR ANY SUCH ORDERS THROUGH THE TRAY SERVICE OR VENDSY. ONLY THE VENUE MAY DECIDE TO PROCESS SUCH REQUESTS AND HOW TO HANDLE SUCH REQUESTS IS UP TO THE TOTAL DISCRETION OF EACH PARTICULAR VENUE WITH NO WARRANTIES OF ANY KIND.
IN PARTICULAR, YOU WILL BE CHARGED FOR ALL ORDERS THAT HAVE BEEN ACCEPTED BY THE VENUE, EVEN IF THEY TIME OUT. NEITHER VENDSY NOR THE VENUE ACCEPTING THE ORDER WILL UNDER ANY CIRCUMSTANCES GIVE REFUNDS FOR TIMED OUT ORDERS.
SUBJECT TO YOUR COMPLIANCE WITH THESE USER TERMS AND ALL APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION ANY AND ALL FEDERAL AND STATE LAWS REGULATING THE PURCHASE OF ALCOHOLIC BEVERAGES), Vendsy grants you permission to access and use the Tray Service solely for your personal use, as set forth in these User Terms and consistent with the intended features of the Tray Service.
In order to use the Tray Service you will need to register for an account. You agree that the information you provide to Vendsy on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up–to–date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you will be responsible for all activities that occur under your 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 or password.
Laws in all jurisdictions in the United States prohibit the purchase of alcohol by persons under the age of 21. Additional laws and regulations may govern the purchase of alcohol in the jurisdiction in which you are using the Tray Service. You are responsible for determining what laws apply to your use purchase of alcohol using the Tray Service, and for applying the laws in the relevant jurisdiction when using Tray products and services. You may not use Tray products or services in violation of these or any other laws.
All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
7. Payment and Billing
From time to time, Vendsy may change, modify, add, or remove portions of the User Terms, and reserves the right to do so in its sole discretion. If we modify the User Terms, we will make them available through the Tray Service, and indicate the date of the latest revision. We encourage users to review the User Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Tray Service for the first time after such material changes are made. All amended User Terms automatically take effect 30 days after they made available through the Tray Service, except that (i) disputes between you and Vendsy will be governed by the version of the User Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the User Terms, you may terminate these User Terms by ceasing use of the Tray Service. Your continued use of the Tray Service after revised User Terms have become effective indicates that you have read, understood and agreed to the current version of the User Terms.
a) Access to the Tray Service from territories where its contents are illegal is prohibited. The Tray Service is designed for customers in the United States. Those who choose to access the Tray Service from other locations do at their own initiative and are responsible for compliance with all local laws including, without limitation, laws related to the purchase of alcohol and rules related to the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
b) You may not use the Tray Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Tray Service. You may not attempt to gain unauthorized access to the Tray Service, or any part of it, other accounts, computer systems or networks connected to the Tray Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Tray Service or any activities conducted on the Tray Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Tray Service. You may not modify the Tray Service in any manner or form, nor use modified versions of the Tray Service.
c) The Tray Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Tray Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Tray Service.
You may provide Vendsy with information and feedback regarding the features and performance of the Tray Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Vendsy a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.
The Tray Service is owned and operated by Vendsy, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Apps and other aspects of the Tray Service provided by Vendsy (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to Vendsy or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Vendsy or its affiliates and/or third party licensors. Except as expressly authorized by Vendsy, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Tray Service may include links to other web sites or services, solely as a convenience to users (“Linked Sites”). Vendsy does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Vendsy makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Tray Service is solely between you and such third party. YOU AGREE THAT VENDSY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE TRAY SERVICE.
If you have a dispute with another user of the Tray Service, or the provider of any Linked Site, or any other third party arising in connection with your use of the Apps or the Tray Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as explicitly stated otherwise, legal notices will be served on Vendsy at:
2212 Rock street
Mountain View, CA 93043
Legal notices will be served on you at either the email or physical address you provide to Coaster during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VENDSY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VENDSY DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE TRAY SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE TRAY SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL VENDSY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE TRAY SERVICE, EVEN IF VENDSY OR A VENDSY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VENDSY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE USER TERMS OR YOUR USE OF THE TRAY SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TRAY SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Vendsy, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Tray Service, your violation of these User Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these User Terms. Vendsy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Vendsy, and you agree to cooperate with our defense of these claims. Vendsy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Tray Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
The Vendsy Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Vendsy, Inc., Rock Street, Mountain View, CA 93043 or by email at email@example.com. For clarity, only DMCA notices should go to the Vendsy Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Vendsy customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
The services hereunder are offered by Vendsy, Inc., located 2212 Rock Street, Mountain View, CA 93043; Vendsy may be contacted by email at email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.