We own and operate this website (Takeout7.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the “Sites”). These terms of use (the “Agreement”) constitute a contract between you and us. What does that mean? It means that by accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Sites. As used in this Agreement, “C2C”, Click2Cater,” “TakeOut7”, “To7”, “we,” “us,” and “our” shall mean Click2Cater LLC and its subsidiaries and affiliates.
You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are a) authorized to make purchases on behalf of your business or company, b) the authorized holder of the credit card used for payment or an authorized user of a corporate account.
These Agreement is in addition to any other agreements between you and TakeOut7, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the website.
MODIFICATIONS AND CHANGES TO WEBSITE AND CONTENTS
TakeOut7 may terminate, change, suspend or discontinue any aspect of your TakeOut7 service, including the availability of any features of your TakeOut7 website, at any time. TakeOut7 may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
USE OF THIS WEBSITE
TakeOut7 hereby grants you a limited, exclusive, non-transferable license to view, bookmark, download, and print the pages within this Website and the documents, graphics, and media incorporated on those pages for your personal and commercial use. The pages within this Website may be used solely for personal, informational, and commercial purposes. TakeOut7 expressly reserves the right to monitor any and all use of this Website.
RETURN AND REFUND POLICY
If you are not completely satisfied, please email us at support@takeout7.com or call us at (866) 426-7440 within 30 days of your confirmed sign up.
COPYRIGHT/TRADEMARK
All information and content on this Website, excluding the pages with specific caterer information such as caterer main page, caterer menus, customer orders, customer favorites, is exclusively owned by TakeOut7 and is protected under applicable copyright, patent, trademark, trade dress laws, and/or other proprietary rights. Accordingly, you may not copy, distribute, modify, post or frame this Website, including any text, graphics, video, audio, software code, user interface design or logos. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of TakeOut7 or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES
TakeOut7 does not make any express or implied warranties about the website, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The website is made available to you “as is” and “as available” and TakeOut7 does not warrant that any defects or inaccuracies will be corrected.
TakeOut7 does not warrant that the website will meet your needs, or that they will be uninterrupted, timely, secure or error-free. TakeOut7 also makes no warranty that the results obtained from the use of the website will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations.
Neither TakeOut7 nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any losses and expenses of whatever nature and howsoever arising including, without limitation, direct, indirect, incidental, special or consequential damages, loss of use, loss of data and content, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character arising out of use of the service, inability to gain access to or use the service, or any breach of any express or implied warranty.
If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, or if you access the website solely through an arrangement with your employer or plan sponsor, some or all of these limitations and exclusions may not apply to you. In such jurisdictions, the respective liability of TakeOut7, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by applicable law and in no event shall exceed $100.
QUESTIONS
If you have any questions regarding the terms and use of this Website, please contact TakeOut7 at support@takeout7.com
MISCELLANEOUS
These Terms of Use are governed and interpreted pursuant to the laws of Connecticut, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Connecticut in connection with any dispute between you and TakeOut7 that arises out of these Terms of Use or pertains to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Connecticut. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
CLIENT SERVICES AGREEMENT
TakeOut7 provides an online ordering service (Service) to be used by caterers and their authorized representatives (Caterers). Included in the Service will be the following features:
- Custom URL – TakeOut7 will provide a custom URL for caterers’ ordering websites.
- Secure Service Management Portal – TakeOut7 will provide caterers a limited web based portal to manage, modify its content on the Ordering Website.
- All Menus Posted – TakeOut7 will assist caterers in posting catering menus on the site.
- Caterer’s ordering website will display menu items with description, add-on’s categories and pricing. Caterer through TakeOut7 service has the ability to increase the catering menu prices.
- Order History – The system remembers customer’s orders and the allows the Caterers and its customers to view past orders and orders in progress.
- Caterer will be receive the order via fax and email and order notifications through SMS (Text Message) and through automated calls.
- Advanced Ordering – Customers can order in advance for later in the day or a future day.
- Caterer will be able to select payment options from Credit Card, Pay in Person and Invoice for its orders. Cater will receive the credit card details along with the order details via fax and password protected PDFs.
- TakeOut7 will provide the technology and customer service necessary to support the ordering web site. TakeOut7 will respond to all technical email queries such as password assistance problems at checkout and or any other technical site related issues that arise. Our phone number is posted on the site as well the on the fax order.
- TakeOut7’s entire charge for the services is 5% of the order not including tax. TakeOut7 fees will be charged to the Caterer account via automated periodic, credit card charges or ACH payments.
- Caterer will be able to view the invoice and payment history through its Service Management Portal.