Terms of Service & other Policies
If you are not satisfied with your Grabull Marketing & Web Orderingservice, please call 888 688 0046 or email us firstname.lastname@example.org a Return of any equipment you have from Grabull.There are no refunds on GrabullMonthly service or product fees, however, you may cancel your services at any time. You will be billed for the remaining amount in your monthly cycle and the service will be terminated at the end of the monthly cycle in which you terminated the service.
- GRABULL reserves the right to change the terms and conditions of sale at the site at any time
- Grabull is not responsible for typo-graphical errors. GRABULL reserves the right to cancel any order you have placed if there was a typographical error on the GRABULL site concerning the pricing or availability of any service you ordered when you placed the order.
- GRABULL reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the GRABULL site, or to any portion of the GRABULL site, for any reason; (2) to modify or change the GRABULL site, or any portion of the GRABULL site, and any applicable policies or terms; and (3) to interrupt the operation of the GRABULL site, or any portion of the GRABULL site, as necessary to perform routine or non–routine maintenance, error correction, or other changes.
- GRABULL may make changes to any plans or services offered at this site, or to the applicable prices for any such plans or services, at any time, without notice. The information provided at the GRABULL site with respect to plans and services may be out of date, and GRABULL makes no commitment to update the information provided at the GRABULL site with respect to such products and services.
- To the extent permitted by law, all sales at the GRABULL site are governed by Massachusetts law, without giving effect to its conflict of law provisions.
- No GRABULL employee or agent has the authority to vary any of the GRABULL site’s policies or the terms and conditions governing any sale.
- If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
- GRABULL’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by GRABULL of any provision or any right it has to enforce these policies, nor shall any course of conduct between GRABULL and you or any other party be deemed to modify any provision of these policies.
- These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
Terms of Service
Grabull, Inc. (“Grabull,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our services, which are made up of our Website online ordering platform , which is accessed via our licensees’ created websites, and the applications operated by Grabull on behalf of our licensees (the “Restaurant Apps or sites”), as well as our marketplace platform (“Grabull.com”), and our mobile application (the “Grabull App”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Grabull is a New-generation Food ordering Platform that utilizes the latest web, mobile, and social networking technologies to allow you to find and order from your favorite restaurants, and much more.
Website: Restaurant hereby agrees to appoint Grabull for the creation of Desktop and Mobile Ordering Applications, Informational Website, and iPhone and Android Mobile Apps (collectively referred to as the “Website”).
Setup: If Restaurant opted for Grabull to setup its Website, Grabull will setup the Desktop and Mobile Ordering Applications Draft for first store location within few business days from date of the enrollment. Restaurant is responsible for providing Grabull all information needed for setup within 3 business days from date of enrollment. Initial setup of Restaurant includes but not limited to setting up Customer’s location description, store hours, photos, menu items, online menu design, Grabull payment gateway, and methods of receiving online orders. Restaurant must notify Grabull of any changes within 5 business days from the date when Customer was first notified to review the Website or receives first order. Customer will receive free Menu Revisions.
Content on the Website: Restaurant shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, prices, photos, data, links, advertising, trade or service mark, trade name, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Company reserves the right to refuse to display information it believes to be illegal, false, derogatory, offensive, infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person. Restaurant represents that any elements of text, graphics, photos, designs, trademarks, artwork, and all proprietary or intellectual property rights therein included on the Website are owned by Restaurant, or that Restauranthas express written authorization from the rightful owner to use and display the content, and will hold harmless, protect and defend Grabull from any claim or suit occurring from the use of such content.
Credit Card Processing: Restaurantis responsible for the enrollment and fees associated with using a third-party payment processing and credit card gateway, if Restaurant uses Gateway of Grabull for order processing Restaurant is responsible for paying current Processing fees to Grabull and will be Liable to pay for any chargebacks or fees associated to their order Transactions.
Faxing Services: If Restaurant chooses to receive orders by Fax, Restaurant will be charged 0.6 cents per fax order for the month. Furthermore, Company provides Faxing Services for free if the Restaurant is on Paying Commission for orders Plan with Grabull.
Website Ownership: Grabull owns all of the intellectual property rights associated with the Website. Furthermore, Grabullin no way, shape, or form is responsible for marketing Restaurant’s Website unless Restaurant is signed up for the Marketing Plan. Restaurant reserves the right to use its own personal Website URL in any manner in any and all commercial venues and is solely responsible for marketing the URL. Website Domains Launched or Transferred to Grabull Account will be owned by Grabull, If restaurant decides to cancel the services, Grabull reserves the right, in its sole discretion, to terminate your access to the Websiteor its domain and the related services or any portion thereof at any time, without notice.
Charges and Fees: Restaurant agrees to pay by credit card or ACH deposit, and Grabull will automatically charge the service fees each month for the monthly subscription or each year for the annual subscription, and including any extra services and applicable taxes, at the rates in effect when the fees are incurred. For the annual subscription, the service fee shall be locked for one year. Grabull may, at its sole, reasonable discretion, agree to refund Customer certain fees paid in the event If Restaurant cancels its annual subscription; provided, however, that Grabull reserves the right to withhold from any refund, and retain, an amount equal to its then-current setup fees, or any other costs, whether or not such setup fees were charged to Restaurant at enrollment. Restaurant If cancel Grabull services can offer to buy website design and domain from Grabull based on Pricing decided by sole discretion of Grabull, It will be Grabull’s Sole decision to sell or not to sell the Domain after the Termination of services between Grabull & Restaurant.
Orders: Customer are able to place orders through the Services using either restaurant website, or Grabull Marketplace, Grabull itself does not sell the products contained in Customer order, Grabull is not a party to any such transaction, and has no control over the quality or safety of the products. Customer order, including an order placed through the Grabull Marketplace, is between Customer and the restaurant from which you order. In addition, restaurants may state ingredients or represent allergen or food preparation standards in writing to Grabull while setting up Menu, such as food or beverages being nut-free, gluten-free, lactose-free, organic, or kosher. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the restaurants. Therefore, if Customer or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, you are strongly advised to contact the restaurant directly to address your specific needs. By using the Grabull Services, Restaurant agrees that Restaurant understand that Grabull is not responsible for any statements or omissions concerning the products contained in Orders they receive.
GRABULL uses Google Maps and the Google Maps API as part of our online ordering service. By using GRABULL services, iOS, or Android ordering systems you are also bound to the Google Maps API Terms of Service.
Limitation of Liability: Notwithstanding the foregoing, under no circumstance shall Grabull, its officers, directors, employees, contractors, sub-contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to Restaurant or any third party for damages in excess of the amounts actually paid by Restaurant to Grabull. The price of the service shall be the rate in effect on the day Restaurant signed up or agreed for the service.