Dated: 2020

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Got-Cha (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.

Got-Cha reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

1 Got-Cha

1.1 Who we are

https://got-cha.us/

1.2 What we do

Through our Platforms, Got-Cha links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Got-Cha acts as an agent on behalf of that Vendor to facilitate, process and conclude the order. Vendors may be owned and operated by third-party vendors, our affiliate companies, or us.

1.3 How to contact us

For customer support, you may reach out to us via email.

2 Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

3 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email at dominick@got-cha.us

4 Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State/Commonwealth of California, without regard to its conflict of law principles.

5 Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

6 Amendments

Got-Cha may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platform. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.

7 Termination

Got-Cha has the right to terminate, suspend or delete your account and access to the Platform in the event of any breach by you of the Terms. Got-Cha may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

8 Third-Party Links and Websites

The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Got-Cha does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Got-Cha accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

9 Indemnity

You agree to indemnify, defend, hold harmless Got-Cha, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

10 Personal Data (Personal Information) Protection

You agree and consent to Got-Cha and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms.

11 Vendor Liability

Vendors are responsible for the preparation, condition, and quality of Goods.

12 Vendor’s representations

Got-Cha shall neither be liable for actions or omissions of the Vendor nor you in regard to the provision of the Goods. Got-Cha does not assume any liability for the quantity, quality, condition, or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude the Vendor’s liability for death or personal injury arising from the Vendor’s gross negligence or willful misconduct.

13 Limitation of Liability

To the extent permitted by law, Got-Cha (which shall include its employees, directors, agents, representatives, affiliates, and parent company) exclude all liability (whether arising in contract, in negligence, or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Got-Cha entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Got-Cha entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Got-Cha, the Got-Cha entities, its agents, representatives, and service providers' liability shall be limited to the extent permitted by law.

14 Representations and Warranties

You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Got-Cha makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure.

15 Order Completion

15.1 Unsuccessful or Failed Orders

In cases where we attempt to complete an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) your guest was present or available to receive the Order; or

(ii) your guest was uncontactable despite attempts to reach them via the phone number provided.

15.2 No-show Cancellations

If your guest remains uncontactable or fails to receive the Order within sixty (60) minutes from the time the Order Completion, Got-Cha reserves the right to cancel the order without a refund or remedy to you.

15.3 Wrong Order, Missing Items, Defective Goods

Upon receipt of your order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 3 above immediately. In some cases, Got-Cha may request photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

16 Prices and Payments

16.1 Prices quoted on the Platform shall be displayed in the USD only and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept those offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).

16.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:

(i) include GST, VAT or such other equivalent tax; or (ii) exclude GST, VAT, or such other equivalent tax

16.3 Prices indicated on the Platforms areas at the time of each Order and may be subject to change.

16.4 You can choose to pay for an order using any of the different payment methods offered on the Platforms we offer from time to time

16.5 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.

17 Payment Methods

Got-Cha reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. When you pay using any of our given online payment options, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. Got-Cha does not store your credit card or payment information.

18 Orders

18.1 When you place an order with us, we will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include any applicable tax (e.g. goods and services tax, value-added tax, etc.).

18.2 Special Instructions – Got-Cha and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However in some cases where this is not feasible, possible, or commercially reasonable, Got-Cha and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Got-Cha nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

18.3 Allergens – Got-Cha is not obligated to provide ingredient information or allergen information on the Platforms. Further, Got-Cha does not guarantee that the Goods sold by Vendors are free of allergens.

18.4 Please note that your order may be subject to additional terms and conditions provided by the Vendor.

18.5 Prior to placing the Order

(i) Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart. (ii) You are required to provide the person's contact details to whom you're giving treats.

18.6 Cancelling an Order / Refunds

Should you decide to cancel your order after it has been placed, you understand that no refunds (whether in whole or in part) will be issued to you. The vendors will continue towards completing an order even if your guest doesn't show up.

19 Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Got-Cha and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Got-Cha's trademarks on any other website not approved by us is strictly prohibited. Got-Cha will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Got-Cha neither warrants nor represents that your use of materials displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Got-Cha. Use of any materials on the Platforms is at your own risk.

20 Restrictions

20.1 Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Got-Cha reserves the right to investigate and take appropriate legal action against anyone who, in Got-Cha's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

(i) using the Platforms for any purpose in violation of local, state, or federal laws or regulations; (ii) posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (iii) posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Got-Cha in its sole discretion or pursuant to local community standards; (iv) posting content that constitutes cyber-bullying, as determined by Got-Cha in its sole discretion; (v) posting content that depicts any dangerous, life-threatening, or otherwise risky behavior; (vi) posting telephone numbers, street addresses, or last names of any person; (vii) posting URLs to external websites or any form of HTML or programming code; (viii) posting anything that may be “spam,” as determined by Got-Cha in its sole discretion (ix) impersonating another person when posting content; (x) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; (xi) allowing any other person or entity to use your identification; (xii) harassing, threatening, stalking, or abusing any person on the Platforms; (xiii) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Got-Cha exposes Got-Cha or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or (xiv) encouraging other people to engage in any prohibited activities as described herein.

20.2 Got-Cha reserves the right but is not obligated to do any or all of the following:

(i) investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content; (ii) remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms; (iii) suspend or terminate a user’s access to the Platforms or their Got-Cha Account upon any breach of these Terms; (iv) monitor, edit, or disclose any content on the Platforms; and (v) edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

21 Use of the Platforms and Got-Cha Account

21.1 You will need to register for a Got-Cha account for you to use the Platform. When you register for a Got-Cha account we will ask you to provide some of your personal information. To purchase an Order, you'll need to provide us with your credit/debit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Got-Cha account are your sole responsibility.

21.2 Got-Cha shall not be liable for Orders that encounter Order completion issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Order, including contact information.

21.3 If you wish to delete your Got-Cha account, please send us an email requesting the same. We may restrict, suspend, or terminate your Got-Cha account and/or use of the Platforms if we reasonably believe that:

(i) someone other than you is using your Got-Cha account; or (ii) where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies, and guidelines, or involved inactivity or conduct which we deem in our sole discretion to be an abuse of the Platforms.