Deliver Toledo ("RDS") named on the website(food.delivertoledo.com) from which you accessed these terms (the "RDS," "we," "us," or "our"), provides restaurant delivery services to you (the "Services").  RDS uses the website (the "Site") to deliver the Services.  We may also make a mobile application available that you may use to access the Services (the "App" and together with the Site, the "Platform").  These Terms of Delivery Service (the "Agreement) govern your use of the Platform and your receipt of the Services. 

We have partnered with Data Dreamers, L.L.C. ("Data Dreamers") to assist us in creating and managing the Platform.  Data Dreamers provides us a service of distributing and maintaining the Platform on our behalf.  You acknowledge however that Data Dreamers is not a party to this Agreement and has no liability in connection with the provision of Services to you.  ACCORDINGLY IN NO EVENT SHALL DATA DREAMERS HAVE ANY LIABILITY IN CONNECTION WITH YOUR RIGHTS UNDER THIS AGREEMENT, NOR IN CONNECTION WITH THE SERVICES THAT WE PROVIDE TO YOU.

By installing the App or accessing the Site, you are agreeing to the terms of this Agreement between you and RDS.  By using the Platform you agree to adhere to all the guidelines, policies, terms and conditions described in this Agreement.  This Agreement is legally binding.  If you do not agree to these guidelines, policies, terms and conditions then you must not use the Platform.

We collect information in accordance with our Privacy Policy which is considered an integral part of this Agreement.  By agreeing to this Agreement you are acknowledging our Privacy Policy and consenting to our privacy practices as described therein.  You may review RDS's Privacy Policy that is set forth here

1. Permission to Use the Site.  Subject to your acceptance and continue adherence to the terms and conditions of this Agreement, you are hereby granted a limited permission (i) to access and use the Site through compatible browser software, and (ii) to use, perform, and display the App on a compatible mobile computing device (e.g., an iPhone) that you own or control (your "Mobile Device"), in all cases solely to submit Delivery Orders in accordance with this Agreement.

2. Usage Restrictions. You may not use, copy, modify or transfer the Platform or any component of the Platform, in whole or in part.  You may not reverse engineer, disassemble, decompile, or translate the Platform, attempt to derive the source code of any software comprising the Platform, create any derivative work from the Platform, or authorize any third party to do any of the foregoing.  Any attempt to transfer any of the rights, duties or obligations under this Agreement is void.  You may not rent, lease, loan, resell for profit, or distribute the Platform, or any part thereof, nor may you provide access to the Platform for third parties in the nature of a service bureau or application services provider.  You may not remove or alter any proprietary notice or legend regarding Data Dreamer's proprietary rights in the Platform.  You may not use the Platform except in accordance with applicable laws and regulations.

3.  Ownership of Intellectual Property Rights. The App is licensed to you, not sold, and you are only permitted to use the Site for the sole purpose of submitting Delivery Orders.  You acknowledge that RDS and its licensors own and retain all proprietary rights in the Platform (including all Upgrades thereto).  The Platform includes copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of RDS, and its licensors.  There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved.  You agree that any questions, comments, or suggestions (collectively, "Feedback") that you send to us shall become the sole property of RDS. You further agree that RDS shall be free to use and exploit in any manner any ideas, concepts, know-how, methods, or techniques contained in such Feedback for any purpose without your consent and without payment of any consideration to you, you hereby assign all rights, title and interest in such Feedback to RDS.

This Agreement may contain certain supplemental terms, that are located below.  In the event of a conflict between the terms located below and the terms provided above, the terms provided above shall always supersede and govern.

Last updated: January 1, 2020
 
Please read these Terms and Conditions (Terms, Terms and Conditions)
carefully before using the food.DeliverToledo.com website (the Service)
operated by Deliver On Demand LLC, DBA Deliver Toledo (us, we, or our).
 
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
 
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

General Conditions

By simply placing an order, each customer implicitly and fully complies with the present general conditions. With the goal of satisfying the customer, we may modify the following sales conditions as well as its product range. Customers will be notified of any changes via our webpage.
 
Products and Services

When a customer places an order by phone or online, the customer agrees with the placement of the order once it has been submitted. No objections regarding the quantity will be accepted after the delivery driver has made the delivery. The order can neither be exchanged nor taken back to the restaurant once it has been received. We decline all responsibility if the products are not consumed immediately or if they are delivered outside the indicated delivery time. The timeframe is only given as an estimate and subject to delays due to inclement weather or traffic delays. In case the customer is absent at the time of delivery, our employees will attempt to contact you for a maximum of 10 minutes. After that time your food will be left at the address you specified when placing your order, and you will still be charged the full amount of your order.

We carefully select the quality offered by each of our partner restaurants in terms of preparation.

We must be immediately informed of any disputes regarding the quality of the meals delivered. In such cases, the disputed dishes can be returned to us in full in exchange for another meal delivered by us.
 
Orders and Delivery

We can take your orders as long as the selected restaurant is open.

The orders are delivered directly to the specified addresses in the shortest possible time. We cannot be held responsible for any errors or late delivery in the event the information given by the customer is incomplete or inaccurate. We therefore recommend you check the accuracy of your contact details prior to submitting your order.

We cannot be held responsible for any late delivery or failed attempt to deliver if the delivery driver cannot access the premises or is unable to successfully contact you after attempting to do so for 10 minutes.

Any additional orders requiring an extra delivery will incur supplementary delivery charges.
 
Sales Products

The menu items and prices are subject to change. For items with sales tax, the prices listed will include sales tax. The prices listed on our site may not be the same as the prices for dine in or takeout from the restaurant. Restaurants that are not partnered with Deliver Toledo will have service fees in addition to the costs of the food. These fees are processed as a percentage of your order amount.
 
Payment

For the safety of our drivers we only accept payment via Credit Card or Gift Card.

a. Credit card payment over the phone (catering orders) or Internet (all orders). 

We offer you the possibility of paying your order by credit card (Mastercard, Visa, American Express, Discover). Any rejection of the credit card by the banking institution may lead to the cancellation of the order and/or the holding of the funds by your bank as a pre-authorization at your banks discretion. For security reasons, we may ask that the credit card be presented upon delivery of the meal.

b. Gift Card

Gift card purchased on our site can be redeemed on the phone (catering orders) or on the website or mobile app. You can use the gift card for your meal, delivery fees, or driver gratuities. Gift card from partner-restaurants are not valid with us and can only be used at the restaurant.
 
Refund Policy

Our company is in the service industry and therefor once you have finalized your order with us we quickly begin the service of bringing you freshly prepared food from local eateries. Only under extreme and strict conditions may your purchase be refunded to you. Please visit our FAQ page for necessary steps should you need a refund due to receiving incorrect or missing food items.
 
Legal Information

We declare that all personal data will be treated in accordance with the December 8, 1992 privacy law. By agreeing with the general sales conditions, the customer agrees to receive occasional information about products and services from us and our partners.

Information Forms / Contact Forms

By inputting your information into any of the forms found on our website(s) or app you are agreeing that Deliver Toledo, its affiliates and/or representatives may contact you by automated text message and/or phone at the telephone number listed with your account, including for marketing purposes as well as for work opportunities. You understand that this is not a requirement to use Deliver Toledo's services and that you may opt out of these communications by sending an email with STOP in the subject line to optout@delivertoledo.com. You must also include the name and phone number associated with your account in the body of the email so that we may take action to remove you from communications.
 
Intellectual Property 
 
The Service and its original content, features and functionality are and will remain the exclusive property of Deliver On Demand LLC, DBA Deliver Toledo and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Deliver On Demand LLC, DBA Deliver Toledo.
 
Links To Other Web Sites 
 
Our Service may contain links to third party web sites or services that are
not owned or controlled by Deliver On Demand LLC, DBA Deliver Toledo
 
Deliver On Demand LLC, DBA Deliver Toledo has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
 
You acknowledge and agree that Deliver On Demand LLC, DBA Deliver Toledo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
 
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
 
Termination 
 
We may terminate or suspend your access to the Service immediately, without
prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but not limited to a breach of
the Terms.
 
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
 
Content Disclaimer

Postings on our Website are made at such times as Deliver On Demand LLC, DBA Deliver Toledo determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Deliver On Demand LLC, DBA Deliver Toledo does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY Deliver On Demand LLC, DBA Deliver Toledo ON AN AS IS, AS AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Deliver On Demand LLC, DBA Deliver Toledo SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Deliver On Demand LLC, DBA Deliver Toledo SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Deliver On Demand LLC, DBA Deliver Toledo OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL Deliver On Demand LLC, DBA Deliver Toledo LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Deliver On Demand LLC, DBA Deliver Toledo FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Deliver On Demand LLC, DBA Deliver Toledo DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. Deliver On Demand LLC, DBA Deliver Toledo AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY SERVICES OFFERED THROUGH OUR WEBSITE.
Deliver On Demand LLC, DBA Deliver Toledo MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, OR SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
 
Governing Law 
 
These Terms shall be governed and construed in accordance with the laws of
Ohio, United States, without regard to its conflict of law provisions.
 
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
 
Changes 
 
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
 
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
 
Indemnification
 
You agree to defend, indemnify and hold Deliver On Demand, LLC DBA Deliver Toledo harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of our Website or any Services you purchase through it.
 
Contact Us 
 
If you have any questions about these Terms, please contact us.