Terms and conditions

LemonEats Terms and Conditions

Effective Date: [April 21, 2023]

Please read these Terms and Conditions ("Terms") carefully before using the LemonEats online food ordering platform, accessible through our website, mobile applications, and other online platforms (collectively, the "Platform"), operated by [E-Best One Corp] ("we", "us", or "our"). By using the Platform, you agree to be bound by these Terms.

  1. Definitions

A "Customer" means any user of the Platform who places an order for food or beverages from a Restaurant.

B "Restaurant" means any restaurant, café, or food and beverage service provider that has partnered with us to offer their products and services through the Platform.

C "Order" means a request made by a Customer through the Platform to purchase food or beverages from a Restaurant.

D "Delivery Partner" means an independent contractor who provides delivery services on behalf of LemonEats.

  1. Eligibility

You must be at least 18 years old to create an account and use the Platform. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

  1. Accounts

To use certain features of the Platform, you must create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.

  1. Customers

A Orders: You agree to provide accurate and up-to-date information when placing an Order, including your name, delivery address, and payment information. You are responsible for any additional charges incurred due to incorrect information.

B Pricing and Payments: Prices listed on the Platform are inclusive of applicable taxes. We reserve the right to change prices at any time. You agree to pay for all Orders placed through your account, including any delivery fees, using the payment methods available on the Platform.

C Cancellations and Refunds: You may cancel an Order only if the Restaurant has not yet started preparing the Order. Refunds, if any, will be provided at our sole discretion and may be issued as credits to your account.

  1. Restaurants

A Listing and Menu: You are responsible for providing accurate and up-to-date information about your restaurant and menu offerings, including pricing, descriptions, and availability.

B Order Fulfillment: You agree to prepare and package Orders in accordance with applicable food safety and hygiene standards. You are responsible for ensuring that Orders are ready for pickup by Delivery Partners within the timeframes specified on the Platform.

C Payment Terms: We will remit payments to you for Orders placed through the Platform, less any applicable fees and commissions, in accordance with the payment terms set forth in your agreement with us.

  1. Delivery Partners

Delivery Partners are independent contractors and not employees or agents of LemonEats. We are not responsible for the actions, omissions, or liabilities of Delivery Partners.

  1. Intellectual Property

The Platform and its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of [Company Name] and its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Platform without our express written permission.

  1. Termination

We may terminate or suspend your account and access to the Platform at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

9. Limitation of Liability

In no event shall [Lemon Eats], its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

A. Your access to, use of, or inability to use the Platform; B. Any conduct or content of any third party, including but not limited to Restaurants, Customers, Delivery Partners, or advertisers; C. Any goods, services, or content obtained through the Platform, including but not limited to food, beverages, and delivery services; D. Unauthorized access, use, or alteration of your transmissions or content; or E. Any other matter relating to the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not [Company Name] has been informed of the possibility of such damage.

Our total liability to you for all claims arising from or related to the Platform or these Terms shall not exceed the amount of fees, if any, paid by you to [Company Name] for the use of the Platform during the six (6) months immediately preceding the date on which the claim arose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you. In such jurisdictions, [Company Name]'s liability shall be limited to the maximum extent permitted by law.

You agree to indemnify and hold harmless [Company Name], its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including but not limited to reasonable attorneys' fees, arising out of or in connection with:

A. Your use of the Platform; B. Your breach of these Terms; C. Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or rights of publicity; or D. Any disputes or issues between you and any third party, including but not limited to Restaurants, Customers, or Delivery Partners.

This Limitation of Liability section shall survive any termination or expiration of these Terms.

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