MenuMama.com Terms of Use

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MenuMama.com website (the “Website”). By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with MenuMama.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Website immediately. If you wish to become a Member, and make use of the Website, you must read this Agreement and indicate your acceptance during the registration process.
Menumama, LLC (“MenuMama”) may modify this Agreement from time to time and such modification shall be effective upon posting by MenuMama on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

COPYRIGHT

The Website, in its entirety, is the sole property of MenuMama.com or its content suppliers and licensors and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MenuMama and is protected by U.S. and international copyright laws. All software used on this site is the property of MenuMama.com, its affiliates, or its licensors, and is protected by U.S. and international copyright laws. The content and software on this Website may be used as a personal shopping, and e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. The application of this Website, into any other Web site, is strictly prohibited unless pre-approved by MenuMama.

TRADEMARKS

MenuMama and the MenuMama logo are trademarks of MenuMama, LLC, in the United States and other countries. MenuMama's trademarks may not be used in connection with any product or service that is not MenuMama's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MenuMama.

USE OF SITE

By accessing this Website you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by MenuMama. The MenuMama.site may not be linked to any other site without prior consent of MenuMama.com. MenuMama.com and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if MenuMama.com believes that customer conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of MenuMama.com and its affiliates.

TERMS OF PURCHASE

The final charges for your order may be different than those stated on the Website. MenuMama does not assume any responsibility or liability for the actions, products, and content of any third parties, including the restaurants listed on the Website, related to the creation or delivery of your order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. We may require additional verifications or information before accepting any order. You must contact MenuMama at support@menumama.com at least forty-eight (48) hours prior to your scheduled pick-up or delivery of the order if you wish to change or cancel such order. Occasionally, MenuMama will offer free gifts to Members upon completion of an order. In order to receive such gifts, Members must provide MenuMama with a valid mailing address upon the completion of the order.

MENUMAMA TASK MANAGER

Orders placed under the Menumama Task Manager may be placed up to thirty (30) days prior to the order fulfillment date. You must place an order totaling $400.00 or more, at least three (3) Operating Days prior to the order fulfillment date. An “Operating Day” is defined as a day that the applicable restaurant is open for business. Your account will be charged three (3) Operating Days prior to the order fulfillment date. You must place an order totaling between $200.00 and $399.99 at least two (2) Operating Days prior to the order fulfillment date. Your account will be charged two (2) Operating Days prior to the order fulfillment date. You may place an order totaling $199.99 or less at any time, and your account will be charged two (2) Operating Days prior to the order fulfillment date, or if the order is placed prior to two (2) Operating Days before the order fulfillment date, your account will be charged at the time the order is placed.

You may not cancel an order once your account is charged.

METHODS OF PAYMENT

CASH

By selecting CASH as a method of payment, you agree to provide the restaurant payment in the form of US Dollars ($) upon receipt of your order.

CREDIT CARD

By selecting CREDIT CARD as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If MenuMama does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MenuMama or its agents. The final charges on your credit card may be different than those stated on the Website.

CHECK

By selecting CHECK as a method of payment you agree to provide the participating restaurant with a valid check from an official banking institution and those funds are available in the amount of the order. Returned check charges may be applicable for any check not honored per restaurants' individual return check policies. You should contact the participating restaurant directly regarding its returned check policy.

MENUMAMA CASH

By selecting MenuMama Cash as a method of payment (or partial payment) you agree that you are the authorized user of the account and, as such, authorize MenuMama to deduct and remit the stated amount from your account to the participating restaurant fulfilling your order. MenuMama Cash is not a credit program. The full amount of your order (including tip, if applicable) must be available in your account prior to making any purchase.

COUPONS

By selecting a coupon as a method payment (or partial payment) you agree that you are the authorized user of the account and, as such, authorize MenuMama to deduct and remit the stated amount from your coupon to the participating restaurant fulfilling your order.

RECEIVING MENUMAMA CASH AND COUPONS

MENUMAMA CASH

MenuMama Cash allows you to create a dollar value into your MenuMama Account in the form of MenuMama Cash for future online purchases at participating restaurants with MenuMama. You will receive MenuMama Cash, at no additional charge, after the completion of each online purchase at participating restaurants. The amount of MenuMama Cash receive will depend upon the amount of your online purchase. Unless otherwise required by law or permitted by this Agreement, any amount in your MenuMama Account is non-refundable and may not be redeemed for cash. In instances where refunds are required, they may be subject to penalties and fees. No interest, dividends, or any other earnings on funds deposited into your MenuMama Account as MenuMama Cash will accrue or be paid or credited to you by MenuMama. MenuMama Cash is not transferable from person to person. MenuMama reserves the right not to accept any MenuMama Cash or otherwise limit use of MenuMama Cash if it is reasonably believed that the use is unauthorized, fraudulent or otherwise unlawful. You are responsible for all transactions associated with the MenuMama Cash in your MenuMama Account, including unauthorized transactions. Use of MenuMama Cash constitutes acceptance of these terms & conditions.

COUPONS

After the completion of certain online purchases at participating restaurants, you may receive virtual coupons redeemable at the participating restaurant through online purchases at MenuMama. These coupons shall remain in your account through the expiration date noted on the applicable coupon. Unless otherwise required by law, no coupon may be redeemed for cash. Coupons are not transferable from person to person, and may only be used at the participating restaurant noted on the coupon.

MENUMAMA POINTS

For every dollar spent on online purchases at participating restaurants, you will receive ten (10) MenuMama Points in your account. MenuMama Points may only be redeemed for merchandise available through MenuMama. MenuMama Cash or coupons do not generate MenuMama Points. Unless otherwise required by law, MenuMama Points may not be redeemed for cash, and are not transferable from person to person.

MENUMAMA CHARITY PROGRAM

Upon a Member’s registration at MenuMama, a Member may select one charity from those listed on the Website. A percentage of each Member’s online purchase at participating restaurants will be donated by MenuMama to the charity selected by a Member.

RETURN POLICY

If you are not satisfied with your order, please contact MenuMama Customer Service immediately via email at support@menumama.com and include the order number and restaurant name. All sales are final unless order problems/issues are confirmed with our restaurant partners or otherwise determined by MenuMama, at its sole discretion, to be actionable. In such cases, MenuMama will issue credit for use on future orders through the Website. All order problem/issue inquiries must be received within 24 hours of the order date listed on your order confirmation email. No cash refunds will be issued by MenuMama.

CHILDREN

You may not use the Website if you are under thirteen (13) years of age. Likewise, MenuMama.com will not store or record information from any person under the age of thirteen (13).

E-MAIL

By registering or placing an order with us, you are consenting to receive e-mails from us regarding your registration or your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial e-mail from us. If you do not wish to receive commercial email from us, you may remove your name from the e-mail list by clicking the “unsubscribe” link contained in the email from us.

REVIEWS AND COMMENTS

If at any time, MenuMama.com enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants MenuMama.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant MenuMama.com and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.

INDEMNITY

You agree to indemnify and hold MenuMama.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website.

DISCLAIMER

THIS WEBSITE IS PROVIDED BY MENUMAMA ON AN "AS IS" BASIS. MENUMAMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS SERVICES INCLUDED IN OR OFFERED BY THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MENUMAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MENUMAMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS OR SERVICES ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MENUMAMA RESERVES THE RIGHT TO LIMIT PURCHASES AND PURCHASE QUANTITY. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
MenuMama disclaims any and all liability for the acts, omissions, conduct of any third-party users, advertisers, and/or sponsors on the Website, in connection with the Website, or otherwise related to your use of the Site. MenuMama.com is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Website to MenuMama at service@menumama.com. MenuMama may investigate the claim and take appropriate action, at its sole discretion.

APPLICABLE LAW

If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Pennsylvania, City of Philadelphia. Either Menumama or you may demand that any dispute between Menumama and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, Pennsylvania, USA, provided that the foregoing shall not prevent Menumama from seeking injunctive relief in a court of competent jurisdiction. For questions or comments regarding our policies, you may contact us at sale@menumama.com.