Terms & Conditions

TERMS AND CONDITIONS

These are the Terms and Conditions (“Terms”) of this web site, currently located at http://zuppler.com (the “Website”), which is brought to you by BizNet Technologies, Inc., a Pennsylvania corporation (“BizNet” or “us” or “we” or “our”). By registering as a user of this Website (“User” or “you” or “your”) or by placing an Order through this Website, you agree to be bound to these Terms.

There are two types of users of the Website: Restaurants and other businesses (each, a “Restaurant”), and individuals who order from Restaurants (“Customer”). These Terms will use the words “User” or “Customer” or “you” or “your” to mean a Customer. This Website provides Customers with news and information about Restaurants, and permits each Customer to place an order (each, an “Order”) for food or other things (the “Goods”) with any Restaurant, which fills the Order to the Customer (the “Service”).

1. Registering with Us.

2. Orders.

  1. a. All Orders are placed on the Website.
  2. b. After your Order has been transmitted to a Restaurant, the Restaurant may contact you regarding your Order at the email address or phone number you provided. If you do not confirm an Order or respond to the Restaurant, the Restaurant may cancel the Order, and the price will be refunded to your credit or debit card used to place the Order.

3. User Conduct.

4. Representations and Warranties.

5. Disclaimer of Warranties.

6. Limitation of Liability.

7. Intellectual Property.

By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as dining feedback or reviews of Restaurants, other text, photographs, or graphics (collectively, “Content”) for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose of any Content at any time for any reason or for no reason.

8. Copyright Infringement Claims.

We are committed to complying with copyright and related laws, and we expect you and all other Users of the Website to comply with such laws as well. Using our Website to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these legal provisions. You represent and warrant to us (a) that you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through our Website, and (b) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.

If you believe that your work has been copied on our Website, or any of our other systems or networks in a way that constitutes infringement under the Copyright Act, please provide the following information to us for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. ß 512(c)(3)):

You may forward your copyright claim to:

9. Indemnification.

You hereby agree to indemnify, defend and hold harmless BizNet, its affiliates, partners, officers and employees, and the Restaurants, from any and all allegations, losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any use of the Website by you or any other person using your Account, including but not limited to any display of your information on the Website, the placing of any Orders, or from any breach of these Terms. You hereby further agree to defend, indemnify and hold BizNet, its affiliates, officers and employees, and the Restaurants, harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any breach of any representations and warranties made by you to BizNet.

10. General.

These Terms shall be governed by the law of the Commonwealth of Pennsylvania, and the federal laws of the United States of America, without reference to any conflicts of law provisions. The Uniform Computer Information Transactions Act and the U.N. Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any controversy or claim between the parties or arising out of these Terms shall be determined by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association (the “AAA”) pursuant to the AAA’s Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

Exhibit A

Privacy Policy

Our Commitment to Privacy

Protecting your privacy is important to us. We understand you may have questions or concerns regarding your personal information and how it will be used. With this in mind, we have developed this Privacy Policy.

The Information We Collect and How We Use It

On the Website, you may register as a User, download information, contribute content, or place an Order for food or other Goods. The types of information we collect when you access the Website may include the following:

  1. 1. your name and the name of your company
  2. 2. contact and billing addresses
  3. 3. your electronic mail (“email”) address
  4. 4. your phone and fax numbers
  5. 5. credit card or debit card information
  6. 6. your primary dining city
  7. 7. any information that you may provide in a form on the Website
  8. 8. Restaurants from which you have ordered, your ordering history, and any dining information or preferences provided by you or the Restaurant
  9. 9. the Internet Protocol address from which you accessed the Website
  10. 10. the items you clicked on the applicable web page

Cookies and Related Data

Some of the information we collect via the Website is gathered and maintained through the use of “cookies” and other methods. A “cookie” is a small file that is saved on your computer and which may contain information about you, such as your user name and password, or about your use of the Website, such as the page you most recently visited. As a result, we are able to (i) recognize you when you access the Website so that you do not have to re-enter your personal or other information each time you visit the Website, (ii) customize and personalize the content we make available to you, (iii) maintain the “state” of your current visit (e.g., to maintain your Order history or the items in your Order), and (iv) alert you to features of the Website. You may disable “cookies,” but the Website may not function properly as a result.
In addition we may collect certain non-personal data in connection with the Website. For example, we may collect information on the browser that you use to access the Website, the operating system that you are running, and certain information about the Website you accessed immediately before you accessed the Website.

Posting to Public Areas of Website

Please remember that if you post any of your personal information in public areas of the Website, such as in dining feedback, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Website.

Our Use of Your Information

We may provide your name, phone number, email address, and contact and billing addresses to Restaurants from which you place an Order, as well as other third parties who may help fill the Order. We may share your Restaurant order history and other dining information and preferences with that Restaurant and other restaurants under the same ownership.

We may also use and share your information with Restaurants and others:

For any user, we may aggregate your non-personal data with the non-personal data of our other users. We also collect and analyze general traffic patterns within our Website to help maintain the flow and content of the Website, and we may use or provide to third parties some or all of this anonymous aggregated information to support our commercial activities or for any other reason.

In addition, we may collect other personally identifiable information about you through the Website or through your responses to emails from BizNet to learn more about you and to provide you with services. We may (i) use your information to support our customer satisfaction initiatives, (ii) from time to time disclose your information to other companies that are affiliates of BizNet, and (iii) disclose your information to a third party that is a successor to all or part of our business, provided that such third party agrees to comply with the provisions of our Privacy Policy with respect to the use of your information.

We may, and, Restaurants from which you have ordered may, from time to time send information or offers to the email address you provide to us. If you prefer not to receive such email, please either access your Profile page to “opt out” of the email list or follow the procedures set forth at the end of each email explaining how you can have your email address removed from the applicable email list. You may not “opt out” of communications relating to an Order.

Links To Other Sites

When you are on the Website you could be directed to other third party sites, such as the websites of individual Restaurants, that are beyond our control. We do not endorse, and are not responsible for, the privacy practices or the content of any other websites. Moreover, these other sites may send their own cookies to users, collect data or solicit personal information. While BizNet strives to protect its users personal information and privacy, we do not guarantee the security of any information you disclose online. This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond BizNet control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Information from Children

We do not knowingly solicit or collect information from any individuals under the age of 13, nor do we provide any of our Goods or Services to individuals under the age of 13. If you believe that we have inadvertently collected any such information, or provided any such Goods or Services, please contact us immediately so that we may delete the information.

Our Commitment to Data Security

We have put in place certain physical, electronic and managerial procedures to try to safeguard and secure the information we collect, although no system is completely secure. We urge you to take adequate precautions to protect your personal data, which should include never sharing your User ID and Password with anyone.

How to Access or Correct Your Information

You can access your personally identifiable information that we have collected through the Website and that we still maintain by contacting us as described below in “How to Contact Us.” You can correct factual errors in your personally identifiable information by updating your Profile page on the Website or by sending us a request that credibly shows that our records are incorrect, although we may refuse such requests in our discretion. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to your personally identifiable information or permitting you to make corrections, and we may refuse access to any user.

Changes to Our Privacy Policy

We reserve the right to revise this Privacy Policy from time to time in our discretion. If we modify this Privacy Policy, we will post the revised Privacy Policy, which will take effect immediately upon posting, and we may attempt to notify you of such change through the email address you provide to us. It is your responsibility to periodically review this Privacy Policy.

How to Contact Us

Should you have questions or concerns about this Privacy Policy or any other matter pertaining to our privacy practices, please send an e-mail to the following address: contact@zuppler.com, or by mail to Suite A 430,
1735 Market St., Philadelphia, PA 19103