Consumer Terms and Conditions

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PALTUS DELIVERY, AS DEFINED BELOW.

1. Application of this Agreement

This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Paltus Delivery. “Paltus Delivery,” “we,” “us,” and “our” mean Paltus Delivery, and its subsidiaries and affiliated companies, including website Paltus.delivery and mobile application, without limitation, the entities listed in the remainder of this paragraph, these Terms and Conditions constitute a legal agreement between you and Paltus Delivery and/or its subsidiaries and affiliated companies, including Paltus Delivery website and mobile application (depending on the Merchant, as defined below).

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

• “United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.
• “United States Order” means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).

2. Acceptance of this Agreement

Paltus Delivery uses its online marketplace platform to connect you and other consumers with restaurants and other businesses (“Merchants”) and independent third-party contractors who provide delivery and/or other services (“Contractors”). Paltus Delivery’s Technology permits consumers to place orders for food and/or other goods from Merchants, either for delivery or pickup, and/or request services from Merchants. If a delivery order is made, Paltus Delivery uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, Paltus Delivery uses the Technology to communicate with the consumer regarding the availability of the order for pickup. Paltus Delivery is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business.

If you access any of our websites located at https://paltus.delivery, install or use the Paltus Delivery or Paltus Delivery mobile application, install or use any other technology supplied by Paltus Delivery (collectively, the “Technology”), access or use any information, function, feature, or service made available or enabled by Paltus Delivery (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Paltus Delivery account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://paltus.delivery/terms or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Paltus Delivery; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the Paltus Delivery account registration process and to bind such organization to the Agreement.

The specific Services available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the Paltus Delivery or Paltus Delivery mobile application. “User” means any individual or other person who accesses or uses the Services, including, without limitation, any organization that registers an account or otherwise accesses or uses the Services through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

3. Modifications

Paltus Delivery reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://paltus.delivery/terms or through the Technology. If we make any material changes to this Agreement, we do this without notification. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

4. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Paltus Delivery’s Privacy Policy, which is incorporated in this Agreement. You also agree to abide by any additional Paltus Delivery terms or policies for Users that are published on our website or mobile application.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You will only use the Services for lawful purposes and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by Paltus Delivery. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services if you are using the Technology or Services with an incompatible or unauthorized device.

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless Paltus Delivery has given you prior permission to do so in writing.

(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.

(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services to a third party.

(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Paltus Delivery server or the networks connected to any Paltus Delivery server.

(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Paltus Delivery server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Paltus Delivery may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.

(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, Paltus Delivery, Paltus Delivery employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Paltus Delivery deems inappropriate when using the Services.

(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(t) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(u) Your participation in using the Services is for your sole, personal, or internal business use.

(v) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered and you will return any order mistakenly delivered to you if requested by Paltus Delivery, a Merchant, or a Contractor.

(w) You will not, in connection with your use of the Services and/or the Paltus Delivery platform: (i) ask a Contractor to purchase or deliver any goods or perform any services not ordered through the Paltus Delivery platform; or (ii) give or offer to give any goods to a Contractor related to your Paltus Delivery order.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion. Where required by law.

6. Contractors and Merchants Are Independent

(a) You understand and agree that Paltus Delivery provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that Paltus Delivery is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. Paltus Delivery is not in the delivery business, does not provide delivery services, and is not a common carrier. Paltus Delivery provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by Paltus Delivery. Paltus Delivery will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Paltus Delivery is not responsible for money refund, acceptance of order from the merchant you ordered from, Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. Paltus Delivery has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Paltus Delivery holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.


(i) United States Orders. For United States Orders placed through the Services with Paltus Delivery.


7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Paltus Delivery immediately. Paltus Delivery will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by Paltus Delivery or a third party arising from someone else using your account; You agree not to create an account or use the Services if you have been previously removed from the Paltus Delivery platform by Paltus Delivery or if you have been previously banned from use of the Services.
Paltus.delivery is not responsible for possible risks, as well as for network attacks or hacking of the Site (including website or mobile app malfunctions due to technical reasons).

8. User Content

(a) User Content. Paltus Delivery may provide you with interactive opportunities through the Services, including, by way of example, the ability to post or otherwise provide to Paltus Delivery Ratings and Reviews (each as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) reflect negatively on Paltus Delivery, including Paltus Delivery’s goodwill, name, and reputation; (x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, Paltus Delivery, or any third party; (xii) violate any law or regulation; or (xiii) violate this Agreement or any community or content guidelines that Paltus Delivery may publish from time to time (including but not limited to the Paltus Delivery Review and Photo Guidelines). You hereby grant Paltus Delivery (including Paltus Delivery’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with Paltus Delivery’s business and in all forms now known or hereafter invented (collectively, “Uses”), without notification to and/or approval by you. You further grant Paltus Delivery a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you. You acknowledge, however, that Paltus Delivery has no obligation to attribute any User Content to you in connection with any Use. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Paltus Delivery herein shall survive termination of the Services or your account. Paltus Delivery reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that Paltus Delivery may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at Paltus Delivery’s sole discretion. Paltus Delivery may also access, read, preserve, and disclose any information as Paltus Delivery reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of Paltus Delivery, our Users, and the public.

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Paltus Delivery through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that Paltus Delivery has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Paltus Delivery (including Paltus Delivery’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Paltus Delivery and do not represent the views of Paltus Delivery or its affiliates. Paltus Delivery shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; (iv) for United States Orders, any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (v) your Rating or Review will comply with the terms of this Agreement; (vi) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; and (vii) any Rating or Review you submit will comply with our Review and Photo Guidelines. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action, in Paltus Delivery’s sole discretion, as we deem necessary or appropriate.

9. Communications with Paltus Delivery

By creating a Paltus Delivery account or using the Technology or Services, you agree to: (a) accept and receive communications from or on behalf of Paltus Delivery, Contractors, Merchants, partners, and/or third parties providing services to you or Paltus Delivery, including via email, text message, direct message, chat, and calls, to the contact information you provide to Paltus Delivery when registering an account or using the Technology or Services; and (b) receive communications via push notification or in-app messages in the Paltus Delivery or Paltus Delivery mobile application. Further, you understand and agree that you may receive communications (e.g., calls, text messages, etc.) that are generated by an automatic telephone dialing system, and/or which will deliver prerecorded or automated messages, sent by or on behalf of Paltus Delivery and Merchants (e.g., Merchants facilitating the delivery of your order), including but not limited to communications concerning orders you place through your account on the Services. For clarification, you acknowledge and agree that you will receive communications from Contractors who are facilitating your receipt of the benefit of the Services (including multimedia messaging service (“MMS”); and (“SMS”) messages to confirm the delivery of your order). Message and data rates may apply and message frequency may vary. The communications in this Section 9 may include, without limitation, commercial or marketing messages, transactional or relationship messages (e.g., messages about the availability of our services (e.g., interruptions in service), security and/or fraud (e.g., password reset messages), safety, responses to communications initiated by you, updates to policies/legal agreements (e.g., privacy policies, terms of service)), newsletters, and messages relating to research, political advocacy, or customer support (those initiated by you and by us). You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Services. For purposes of clarity, any message (including text message) or call you may receive from us, a Merchant, or a Contractor regarding an order is a transactional message, not a commercial, marketing, or promotional message or call. If there are changes to your contact information (e.g., email address, phone number), you agree to update your account to help prevent or limit Paltus Delivery inadvertently communicating with someone else.


9. Electronic Records

By creating a Paltus Delivery account or using the Technology or Services, you consent to the use of electronic records. You also agree that all terms and conditions, agreements, notices, disclosures, and other communications that Paltus Delivery provides to you electronically satisfy any legal requirement for such communications to be in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.


9. Payment Terms

(a) Prices and Charges. You understand that: (i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice; (ii) Paltus Delivery has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of Paltus Delivery or the Merchant (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, Paltus Delivery reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on Paltus Delivery’s income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement.If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, Paltus Delivery reserves the right to charge you additional amounts on account of such taxes.
In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, Paltus Delivery reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by Paltus Delivery and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

(b) Strikethrough Pricing (United States Orders). This Section applies to United States Orders. Paltus Delivery may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items). Paltus Delivery does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. Paltus Delivery may also rely on Merchants or a third party to provide information about the regular or former price of items offered by those Merchants or a third party, and Paltus Delivery’s strikethrough price therefore may represent the price that Paltus Delivery, a Merchant, or a third party offered the item for sale for some period of time. The strikethrough price may also be an introductory price that was offered for a short period of time. Unless otherwise specified, the strikethrough price represents a non-member discount to the extent the Merchant has a membership program.

(c) Advertising prices are not a public offer.


(d) Refunds

United States Orders. This Section applies to United States Orders. Charges paid by you for completed and delivered orders, or for orders confirmed by a Merchant, are final and non-refundable. Paltus Delivery has no obligation to provide refunds or credits. Paltus Delivery have no response for money you`ve paid for any orders.



(e) Fees for Services. Paltus Delivery may change the fees that Paltus Delivery charges you as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Surge Fees. Paltus Delivery may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. Paltus Delivery may also charge you additional fees as required by law. Further, Paltus Delivery may charge Merchants fees on orders that you place through the Services, including commissions and other fees, and may change those Merchant fees as we deem necessary or appropriate for our business or to comply with applicable law. Paltus Delivery may charge you a Service Fee for the convenience of ordering through the Paltus Delivery platform. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by Paltus Delivery is for any right to access, install, or use any Technology.

10. Third-Party Interactions
(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites and Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Paltus Delivery will not warn you that you have left Paltus Delivery’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Advertisements are not under the control of Paltus Delivery. Paltus Delivery is not responsible for any Third-Party Websites and Advertisements. Paltus Delivery provides links to these Third-Party Websites and Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements or their products or services. You use all links in Third-Party Websites and Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and Paltus Delivery and not with the App Store. Paltus Delivery, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services. You agree to comply with, and your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s terms and policies) when using the Technology or the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States as a “terrorist supporting” country, and you represent and warrant that you are not listed on any United States list of prohibited or restricted parties.

11. Transactions Involving Alcohol and Other Age-Restricted Products


You may have the option to request delivery or pickup of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that the order will only be delivered if the Merchant accepts your order. The person delivering alcohol may be legally obligated to refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient is not of legal age, is visibly intoxicated, or is not physically present to accept the delivery, and will be prompted to refuse delivery if the recipient cannot provide a valid government-issued identification proving requisite legal age, is visibly intoxicated, or is not physically present to accept the delivery. If the delivery of alcohol products cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you or the intended recipient may not receive any part of the applicable order, including any non-alcohol items that you may have purchased with your alcohol products, and you may also be subject to a non-refundable restocking fee. Alcohol is not available in all locations that are served by the Paltus Delivery platform. Alcohol may be removed from the platform for specific Users at Paltus Delivery’s sole discretion.
(ix)
(x) You may also have the option to request delivery or pickup of other age-restricted items from certain Merchants, such as certain over-the-counter medication or other products subject to applicable federal, state, provincial, or local laws, rules, or regulations or Merchant or Paltus Delivery policies requiring age verification. You agree that you will only order age-restricted items if you, the intended recipient, or anyone who may consume such products are of legal age to purchase the items. You also agree that, upon delivery or pickup of age-restricted items, the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items. The person delivering age-restricted items will refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient cannot provide a valid government-issued identification proving requisite legal age or is not physically present to accept the delivery. If the delivery of age-restricted items cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you may not receive any part of your order, including items that are not age-restricted that you may have purchased with your age-restricted items, and you may also be subject to a non-refundable restocking fee.



12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Paltus Delivery and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. Paltus Delivery reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Paltus Delivery in asserting any available defenses.

13. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. SECTION 13  APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. PALTUS DELIVERY WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. PALTUS DELIVERY MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.

PALTUS DELIVERY DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PALTUS DELIVERY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Paltus Delivery is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

15. Privacy policies

Collection of Personal Information

When you use our Services, we may collect personal information about you. The types of categories or personal information that we may collect about you include:

a. Information You Provide to Us Directly

You may provide your personal information to us when you use our Services, including when you register with Paltus Delivery, search within or place orders through our Services, contact us with inquiries, engage with our chatbot or other similar technology on the platforms or Services, respond to surveys, or otherwise access or use our Services. This information may include:

• Personal Identifiers and records information – We may collect and process information such as name, alias, email address, postal or delivery address, account name, phone number, signature, date of birth, or other similar identifiers. 
• Transactional/Commercial Information – When you place an order through our Services, we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, subtotal, photos that you provide, or other purchasing or consuming histories or tendencies. 
• Access Credential Information – In connection with your User account, we will process username, password, unique User identification number, etc.
• Employment and professional information - if you are using our Services for orders to be delivered to your place of employment or on behalf of your employer, we may collect employment or professional related information from or about you

b. Information Received From You as Part of Your Communications

When you use our Services, complete electronic forms, communicate with Dashers or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature and content of your communication; the purpose of the interaction; and the action we took in response to your inquiry or request.

c. Information Collected Automatically

We also may collect and store certain information about you and your device(s) automatically when you access or use our platforms and Services, including, without limitation, on our websites and engaging with our online chat functionality. This collection may include the use of, among other technology, cookies and similar technologies.
d. Location Information

When you use the Services, we may collect and store general location information (such as IP address). We may also collect route information and delivery pick-up or drop-off information. If you permit the Services to access location services through the permission system used by your mobile operating system or browser, we may also collect and store the precise location of your device when our apps are running in the foreground or background of your device. This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations on Merchants to you based upon your location, and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or when prompted by our mobile apps.

e. Information Collected from merchants

We may collect personal information from merchants (users of our service).

f. Information Collected from Payment Providers

We may collect or receive limited personal information from payment providers in connection with our processing of transactions or orders in connection with our Services.