Terms and Conditions
INTRODUCTION
Welcome to the official online platform for Order Shack, managed and controlled by GoTo Payments LLC Company ("Company"). This platform, accessible via our website, shall herein be referred to as the "Site". Throughout these Terms, references to "we", "us", "our", or "Order Shack" pertain to GoTo Payments LLC Company and all its subsidiaries and affiliated entities. "Store" or "Stores" signifies the individual businesses, restaurants, or establishments available for ordering through our Site.
ACCEPTANCE OF TERMS
a) By accessing, browsing, or otherwise using our Site, you unequivocally agree to be legally bound by these Terms of Use.
b) If at any point you find these terms unacceptable or if you do not agree to these terms, please cease usage of the Site immediately.
c) We reserve the right to modify, alter, or otherwise update these terms at any time. Regular review of this document is recommended to ensure you remain informed of any changes.
STORE MEMBERSHIP
a) Registration Process: Navigate to "Login" located in the top right corner of our Site. After providing necessary details like email and password, a verification code will be sent. This code must be entered on our Site to finalize registration.
b) Membership Benefits: Membership provides a range of benefits. One notable feature is "Quick Re-Order", enabling you to swiftly access and reorder favorites linked to your account. However, individual Stores operate independently; hence orders and preferences do not transfer between them.
c) Account Recovery: In instances where password recovery is required, utilize the "Reset password" option. Should you forget the registered email, contact the specific Store you've ordered from or email [email protected], providing your legal name and original contact number for verification.
d) Data Privacy: Personal data is collected and processed primarily for internal marketing and optimization purposes. Assuredly, no data is sold or shared with unauthorized third-party entities.
ORDER POLICY
a) All orders placed via our Site are final and non-refundable. Store or Company have no obligation to provide refunds and or credits. Upon placing order, you are entering into a binding contract to pay for the selected items.
b) Occasionally, due to unforeseen circumstances like stock unavailability, pricing errors, or payment verification issues, Stores might cancel your order. In such events, any payment made will be refunded in full, and you will be informed using the contact details provided during the order process.
DELIVERY POLICY
a) Delivery Partners: Deliveries might be conducted by the Store's own personnel or a designated third-party delivery service.
b) Issues with Delivery: Should any issue arise concerning your delivery, it is imperative to first contact the respective Store. If a third-party delivery service was used, they'll guide you on addressing your grievances.
c) Unattended Deliveries: For non-contact deliveries, if the recipient is unresponsive upon delivery, the delivery personnel is authorized to leave the package in a deemed safe location. However, for orders containing alcoholic or age-restricted products, in-person reception with necessary ID verification is mandatory.
d) Estimated Delivery Times: Delivery trackers provide approximated timings, and actual delivery might vary.
ALCOHOL & AGE-RESTRICTED PRODUCTS
a) Prior to accessing menus containing age-restricted items, age verification is necessary, and the authenticity of the ID presented is at the discretion of the Store.
b) Ensure every individual in your group meets the legal age requirement for alcohol consumption. Age verification, using a valid government-issued ID, will be conducted upon delivery or pickup. Failure to present appropriate identification may result in order cancellation without refunds and potential restocking fees.
FEES AND PRICING
a) Customers understand that the prices for menu / products displayed on the Platform may not be higher than the prices listed in-store.
b) We reserve the right to amend our pricing structures, including delivery and service fees, as necessary for our operational demands. Store-specific pricing variations may exist based on factors like Store type, order volume, etc.
c) Legally mandated charges may be applied in addition to our standard fees. Furthermore, Stores may be subjected to order-related fees, which are subject to revision at our discretion.
d) A nominal service fee may be charged to users for the convenience of utilizing our platform.
REFUNDS, CHANGES, AND CANCELLATIONS
a) All requests for refunds, order modifications, or cancellations are solely at the Store's discretion.
b) Immediate communication with the Store is necessary if such requests arise, bearing in mind the incurred costs for order preparation. Stores may either deduct these costs from the refund amount or provide store credit as compensation.
IMAGE DISCLAIMER
Visual representations on the Site are illustrative. Actual products may differ in appearance.
COMMUNICATION CONSENT
By providing your mobile number during checkout, you grant us permission to send promotional and informational text messages. Un subscription can be initiated anytime by replying "STOP". While we don't charge for these messages, standard carrier fees may apply.
LIMITATION OF LIABILITY
Neither we nor the Stores, their affiliates, or agents will be liable for indirect, incidental, special, consequential, or punitive damages arising from service usage. This encompasses, but isn't limited to, profit losses, unauthorized data access or data losses, and service disruptions.
WARRANTIES
All services provided via this platform are offered "AS IS" and "AS AVAILABLE", devoid of any implicit warranties like merchantability or fitness for a particular purpose.
INDEMNIFICATION
By using our service, you agree to indemnify and hold harmless Order Shack, the Store, and all related entities against any claims, liabilities, or expenses arising from your use, including, but not limited to, any disruptions caused, data transmitted, terms violations, and third-party rights infringements.
DISPUTE RESOLUTION
Discrepancies arising from service usage will be resolved via binding arbitration, with small claims court as the only exception.
PRIVACY POLICY
Our privacy policy, detailing data collection, usage, and sharing protocols, is available on the Site. Service usage implies agreement with this policy.
JURISDICTION
All terms, conditions, and related disputes are governed and interpreted in accordance with the laws of the state of New Jersey.