Last Updated: 06/01/2020
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.
- Eligibility – Registration Information and Password; TRAY Service Access
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.
- Compliance with Law
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.
- Privacy and other Policies
- Guidelines. When using the TRAY Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the User Terms.
- Prohibited Conduct
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:
- Access or attempt to access content or features of the TRAY Service for which you have not registered;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the TRAY Service, or any of the permissions granted herein.
- Use the TRAY Service on behalf of any third party, or in connection with any type of “service bureau” activity;
- Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content using the TRAY Service;
- Impersonate another person or entity, or access another user’s account without that user’s permission;
- Share TRAY passwords with any third party or encourage any other user to do so (except as provided in Section 2);
- Misrepresent the source, identity, or content of information transmitted via the TRAY Service;
- Use any bot, spider, or other automated program or process to access the TRAY Service, except for the sole purpose of crawling the TRAY
- Service in connection with legitimate indexing services of commercially available general purpose search engines; or Use the TRAY Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email or telephone marketing.
- Payment and Billing
- Payment and Fees. You acknowledge and agree to pay the full price for each order you place through the TRAY Service. Vendsy is not responsible for any inaccurate prices displayed in the TRAY Service. Prices are inputted directly by the Merchant and may not include taxes. Access to the TRAY Service, or to certain features of the TRAY Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are non-refundable. Vendsy may change the fees for the TRAY Service or any feature of the TRAY Service, including by adding additional fees or charges, on a going-forward basis at any time.
- Method of payment. Vendsy accepts payments through payment methods detailed on the applicable payment screen, which may includes certain credit cards. Payments made through the TRAY Service are processed by third-party payment processors. Charges occur at the time of purchase or shortly thereafter. Vendsy does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the TRAY Service and you agree that we may charge your selected payment method for any such payments.
- Account Use. To use or register for a paid feature on the TRAY Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify TRAY if the selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account).
- Taxes. You are responsible for paying any governmental taxes imposed on your use of the TRAY Service, including, but not limited to, sales, use or value-added taxes. To the extent Vendsy is obligated to collect such taxes, the applicable tax will be added to your billing account.
- Disputes and Refunds. When you place an order, the TRAY Service is solely a facilitator of communications and payments between you, as a user of the TRAY Service, and a Merchant. Vendsy is in no way responsible for the quality of goods or services offered by the Merchant. You, not Vendsy, are responsible for any orders placed in error using the TRAY System. In the event of a dispute between you and the Merchant over payment, the Merchant, and not Vendsy, is fully responsible for any and all refunds agreed to between you and the Merchant. Orders that time out will not be refunded (see clause 1)
- Refusal of Service by Merchant. You should be prepared to present valid identification to the Merchant when using the TRAY Service to purchase alcohol. The Merchant has discretion to refuse service to you for any reason, including but not limited to, your failure to provide proper identification. If the Merchant refuses service to you, you still must pay the full cost of any orders placed through the TRAY Service unless the Merchant agrees otherwise.
- User Submissions
- General. The TRAY Service provides certain features which enable users to directly and indirectly post content, including text, images, and other types of works (such as by creating a profile, placing an order than includes your photo, or by posting reviews or uploading photos) (collectively called, “User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Vendsy. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Vendsy, are entirely responsible for all User Submissions that you make available through the TRAY Service.
- No Obligation to Publish. Vendsy makes no representations that it will publish or make available on the TRAY Service any User Submissions (or that if made available on the TRAY Service, that any User Submission will remain available on the TRAY Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the TRAY Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Vendsy complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if Vendsy becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation.
- License Grant by You to Vendsy. You retain ownership of all your rights in and to your User Submissions, including any and all intellectual property rights in your User Submissions, and uploading User Submissions to the TRAY Service does not transfer any ownership rights. In order to enable us to operate the TRAY Service, however, we do need certain permission from you. Accordingly, by submitting User Submissions to Vendsy, you hereby grant Vendsy and its affiliates and other users of the TRAY Service (the “TRAY Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the TRAY Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Vendsy to use your User Submissions in the manner contemplated by these User Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these User Terms.
- Application Usage
- Limited License. The Apps, are licensed, not sold or otherwise transferred to you. Subject to your acceptance of, and ongoing compliance with, the User Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Vendsy hereby grants you a limited, non-transferable, non-sublicensable, revocable license to (i) use the Apps on a device that you own or control; and (ii) to use the Apps to upload User Submissions to the TRAY Service as otherwise permitted by these User Terms for your own personal enjoyment. You may not use the Apps on any device that you do not own or control, and you may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
- Applicability to Upgrades. These User Terms will govern any upgrades provided by Vendsy that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.
- Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Mobile Application, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees
- Modification of the User Terms
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 of TRAY 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.
- Prohibited Uses
- 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.
- 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.
- 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.
- Ownership; Proprietary Rights
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.
- Third Party Sites, Products and Services; Links
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.
- Disputes with Third Parties
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: 7025 East Via Solari Dr, Suite 4038. Scottsdale AZ 85251.
Legal notices will be served on you at either the email or physical address you provide to Vendsy 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.
- By Vendsy. You agree that Vendsy, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Vendsy or use of the TRAY Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Vendsy may also in its sole discretion and at any time discontinue providing access to the TRAY Service, or any part thereof, with or without notice. You agree that any termination of your access to the TRAY Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Vendsy will not be liable to you or any third party for any such termination. Vendsy does not permit copyright infringing activities on the TRAY Service and reserves the right to terminate access to the TRAY Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the TRAY Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Vendsy may have at law or in equity.
- By You. You may terminate your account, this Agreement and your right to use the TRAY Service at any time and for any reason or no reason, by immediately discontinuing all use of the TRAY Service, including any and all mobile applications, embedded widgets, plugins, or other software components.
- Fees. Upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the TRAY Service before termination. Termination does not give rise to any right of refund.
- Survival. Sections 4, 7, 8, and 11 through 21 will survive any termination of these User Terms.
- Disclaimers; No Warranties
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.
- Limitation of Liability and Damages
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.
- Digital Millennium Copyright Act Compliance
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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the TRAY Service are covered by a single notification, a representative list of such works at the TRAY Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vendsy to locate the material;
- Information reasonably sufficient to permit Vendsy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 firstname.lastname@example.org. 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 email@example.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The services hereunder are offered by Vendsy, Inc., located 7025 East Via Solari Dr, Suite 4038. Scottsdale AZ 85251; Vendsy may be contacted by email at firstname.lastname@example.org. 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.