Terms and
Conditions

Terms of Service

The following Terms of Service (“Terms”) are a legal agreement between you and I Do Restaurant marketing, ("I Do," "we," “us” or “our”) and govern your access to and use of our services, which include any websites, applications, digital ordering features, or any other ways I Do allows you to engage with us directly or through a Restaurant that uses I Do (collectively, the “Services”). Our Services include, but are not limited to, our website located at https://www.idorestaurantmarketing.com (our “Website”); related websites and services (“platforms”); and any digital ordering feature that I Do offers to Restaurants (“promotions tool”). By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand the terms and conditions as a Privacy Policy.

These terms include an agreement to resolve disputes by arbitration, which means that you and I Do waive the right to a trial by jury and agree to resolve any and all disputes through binding arbitration on an individual basis.

If you are an individual, you must be at least 18 years of age, a U.S. resident, and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you represent and warrant that you are an authorized representative of such entity, and that you have the authority to and agree to bind it to these Terms. You represent that you will not use the Services, directly or indirectly, for any fraudulent undertakings. When you pay for a Purchase made through any of our platforms, you authorize I Do to charge your credit or debit card or other permitted payment method (“Payment Method”) on behalf of the participating restaurant (“Restaurant”) from which you are making a purchase.

I Do reserves the right to modify any portion of these Terms at any time in its sole discretion. The revised version of these Terms will be effective when we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide you with reasonable notice by email or through any of our platforms, in accordance with any notification preferences you have provided. By continuing to use I Do Services, you agree to abide and be bound by those changes. If you do not agree to any changes to these Terms, you must cease your use of the Services.

1. Services

I Do provides technology services to Restaurants to place orders for food, beverages, and related products and services provided by the Restaurants (“Purchases”) and facilitates payment to the Restaurants by the Diners for those purchases with an eligible Payment Method (“Payment Transactions”). I Do facilitates Purchases with Restaurants and processes payments to Restaurants, on behalf of each Restaurant.

1.1 Accessing an I Do digital Account

When you create an account, we will ask you for certain personal information such as your name, mobile number, and email address, which will be stored with I Do to facilitate your transactions. You may also choose at any time to store Payment Method information, which can be used to pay for future Purchases. Information on how we collect, use, and protect the personal information you provide to us can be found in our Privacy Policy. You agree to provide true, accurate current and complete information for your account registration, and you agree not to misrepresent your identity or your Payment Method information. It is your responsibility to keep the information you provide us up-to-date and accurate.

I Do may, in its sole discretion, terminate or refuse to approve registrations for our Digital Accounts with or without cause or notice, other than any notice required by Applicable Law. At this time, I Do Services are offered only to users residing in the United States.

1.2 Confidentiality.

Only you have the right to access and use your account. You are responsible for ensuring that your login information and Payment Method information remain confidential at all times. I Do will assume that if your login or Payment Method are used to access the Services, the user has the legal authority to use such login or Payment Method. If you become aware of unauthorized use of your login or Payment Method, you agree to notify I Do immediately by email at support@idorestaurantmarketing.com. You remain liable for any activity on your account until such time as I Do has been notified and has had an opportunity to take appropriate action.

1.3 Compliance.

Each Restaurant is solely responsible and liable for all marketing, selling, pricing, packaging, and provision of any products or services offered to through the Services in compliance with all applicable laws, regulations, and rules or industry standards (“Applicable Law”). I Do makes no representation or warranty regarding whether a Restaurant holds any applicable permit, license, registration, or other credential for its business; whether representations by a Restaurant are true and accurate; or whether a Restaurant complies with Applicable Law, and I Do is not responsible for the quality of the products or services provided by Restaurants.

1.4 Closing your Account

You may close your I Do account at any time and without cost, but you will remain liable for any outstanding Purchases as well as any fees or other charges incurred. I Do will not issue refunds for amounts previously incurred through our Services once you close your account.

You can close your account by emailing support@idorestaurantmarketing.com. Please review our Privacy Policy for further information about our practices regarding your personal information.

2. Data Privacy and Security

The privacy and security of your personal information is important to us. I Do’s Privacy Policy states what information we collect about you and how we may use personal information. We encourage you to read the Privacy Policy carefully, as it forms a binding part of these Terms and conditions and contains important information about your rights.

3. Purchases

I Do makes available the Services and processes Payment Transactions for Purchases on behalf of Restaurants as the agent of the Restaurants through the payment networks. When you make a Purchase, you authorize.

I Do, as agent for the Restaurant, to submit the charge in the amount of the Purchase (including any gratuities, fees and taxes) to your Payment Method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. I Do, as the agent of the Restaurant, will assist the Restaurant in submitting the Payment Transaction to the payment network and processing the Payment Transaction. Upon I Do receiving the proceeds of the transaction, your payment obligation to the Restaurant will be deemed completed (except in the case of a later chargeback or reversal).

You must provide a valid Payment Method to pay for your Purchases made through any of the Services. You authorize I Do to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, I Do may obtain an authorization to charge your Payment Method for a Payment Transaction. This authorization may reduce your available funds balance by the authorization amount until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or of a charge to your Payment Method. You agree that I Do, on behalf of the Restaurant, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned. Payments made through the Services are also subject to the terms of your agreement with your Payment Method issuer. You are solely responsible for any charges or fees that may be imposed by your Payment Method issuer as a result of using the Services.

4. Order Changes, Cancellation, Refunds and Customer Service

Restaurants each set their own cancellation and refund policies. Once a Purchase has been made through I Do, you will need to contact the Restaurant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.

For questions or customer service regarding a Purchase or the product or service provided by a Restaurant, please contact the Restaurant directly. I Do is not responsible for any Restaurant service issues or content errors or inaccuracies related to a Restaurant’s website, menu, or other materials.

5. Disclaimer of Warranties, Waiver and Limitation of Liability

5.1 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

NEITHER I DO NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY RESTAURANTS THAT ARE A CAUSE OF INJURY OR THAT ARE UNACCEPTABLE OR DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, I DO AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. I DO RELIES UPON RESTAURANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. I DO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

I DO AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES; (III) THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV) WHETHER THE OPERATION OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (V) WHETHER THE QUALITY OF THE SERVICE, OR PRODUCTS OR SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I DO OR A THIRD PARTY THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU ACKNOWLEDGE THAT NEITHER I DO NOR ITS THIRD-PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT NEITHER I DO NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER I DO NOR ITS THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.

5.2 Waiver of Liability

You acknowledge and agree that the Restaurant is the seller of the food, beverages and related products and services which you may order and pay for through I Do platforms. The Restaurant is solely responsible for any and all damages, claims, liabilities, costs, injuries or illness caused in whole or in part by the Restaurant. Restaurant is also solely responsible for any unclaimed property liability which may arise from Purchases paid for but not received by you.

6. Force Majeure

I DO will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

7. Ownership of Content and Use of Trademarks

7.1. Ownership

I Do owns or has license to all rights, title, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof). You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations or other input about the Services (“Feedback”) at any time. You irrevocably assign all right, title, interest and other worldwide intellectual property rights in and to the Feedback to I Do restaurant Marketing, and acknowledge that we are free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by I Do.

7.2. User Content

You retain all rights, title and interest in and to any text, graphics, videos, images or other data that you upload to the Services (“User Content”). You grant to I Do a non-exclusive, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit User Content for the purpose of our providing the Services and in accordance with our Privacy Policy. You are solely responsible for the accuracy, quality, content, and legality of User Content, the means by which User Content is acquired, and any transfer of User Content outside of the Services by you or any third-party authorized by you. You represent, warrant and covenant that you have all rights necessary to upload the User Content to the Services and to otherwise have such User Content used or shared, as applicable, in relation to the Services.

7.3. Trademarks

The trademarks, service marks, and logos of I Do (the “I Do Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of I Do. Other I Do product and service names located in the Services may be trademarks or service marks owned by a Restaurant or other third-parties (the “Third-Party Trademarks”, and, collectively with the I Do Trademarks, the “Trademarks”). Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the prior written consent of I Do specific for each such use. The Trademarks may not be used to disparage I Do or the applicable third-party, I Do’s or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Except as described herein, the use of any Trademarks is prohibited without I Do’s prior written consent. All goodwill generated from the use of any I Do Trademark or Third-Party Trademark will inure to I Do’s, or the applicable Third Party’s benefit, as applicable.

8. Termination of the Terms of Service

These Terms of Service continue to govern your use of the Services unless and until such time as you or we terminate your use of any applicable Service. Upon termination, you will lose access to the relevant Services, and we may delete any information stored regarding you or your transactions through the Services. Termination of your use of any of the Services does not relieve you of the obligation to pay for any Purchases made as well as related fees and charges already incurred. In the event of termination of your use of the Services by you or us, we will not provide any refunds for amounts previously paid through the Services.

I Do reserves the right, in its sole discretion, to limit, suspend, or terminate your I Do account and/or access to all or any part of the Services at any time and for any reason without notice to you and without liability to you or to any third party. Additionally, any of the Services, or any feature of portion thereof, may be modified, replaced, suspended, or terminated, without or notice at any time, in I Do’s sole discretion, without liability.

9. Electronic Communications (E-Sign Disclosure and Consent)

These terms describe how I Do delivers communications to you electronically. We may amend these terms from time to time, and if we make substantial changes, we will provide you with reasonable notice in accordance with any communication preferences you have given to us, and by posting notice of the updates on our Website.

9.1. Consent for Electronic Communications

You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that we provide in connection with your I Do account and the Services we provide. We may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via our Website. Communications include these Terms and any and all other agreements or policies to which you must agree in order to use the Services, including updates to those agreements and policies; payment authorizations and transaction receipts or confirmations customer service matters; and any other communication related to your use of the Services.

It is your responsibility to keep your email address accurate and up to date so that I Do can communicate with you. You can update the email address associated with your I Do account by logging in and accessing the Profile section within the I Do page.

All Communications sent in electronic format will be considered to be in “writing and are considered received by you upon posting through the Website or I Do app, or sending to you via electronic email or SMS, regardless of whether you have accessed that communication.

9.2. Consent to Contact Mobile Number

By voluntarily providing your mobile phone number to I Do, you agree that I Do may contact you via these methods. If you provide a mobile number, you expressly agree that I Do may contact you via telephone, SMS or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, informational, and operational purposes.

9.3. Ability to Receive Communications

By voluntarily providing your mobile phone number to I Do, you agree that I Do may contact you via these methods. If you provide a mobile number, you expressly agree that I Do may contact you via telephone, SMS or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, informational, and operational purposes.

9.4 Methods of Agreement

You acknowledge and agree that by clicking on the “I Agree”, “ Submit”, “Create Account” or similar button on the Website, or I Do app or other feature offered under our Services and associated with these Terms of Service or with any other electronic document authorizing us to provide the Services to you, you are indicating your intent to sign these Terms and/or other agreement. You also agree that clicking on these buttons on the Website, or I Do app shall constitute your electronic signature to these Terms or other such document displayed with the button(s) and relating to the Services. You further agree that your electronic signature on these Terms and any other document shall have the same legal effect under state and federal law as if you signed the documents in ink on paper.

10. Miscellaneous

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. Failure of I Do to act on or enforce any provision of these Terms of Service will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against I Do unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by I Do and you, these Terms, including any I Do policies governing the Services referenced herein, constitute the entire agreement between you and I Do with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and I Do with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import.