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Byppo Technologies, LLC

Terms of Use (“Terms”)

 

Effective Date: August 29, 2023

Last Updated: August 29, 2023

 

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Byppo Native App (found on Apple App Store or Google Play Store), Web App (app.byppo.com) or Byppo Website (hereinafter collectively referred to as the “Website” and “Service” respectively) operated by Byppo Technologies, LLC (hereinafter “Byppo”, “us”, “we”, or “our”). The use of the terms “you”, “your” and “customer” refer to the customer placing an order on the Byppo Native App, app.byppo.com, or using and accessing the Byppo Website (byppo.com)

 

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms shall apply to all visitors, users, and others who wish to access or use the Website.

 

We reserve the right to change, alter, replace or otherwise modify these Terms (including our Privacy Policy, as defined below) at any time. We shall post a notice with respect to any substantial updates in these Terms. You are advised to review these Terms regularly for any changes. The continuance of use by you of the Website and using the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

 

These Terms apply to the use of the Website and the Services contained therein via any computer, cell phone, smartphone, or any other communication device.

 

In these Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.

 

1. The Byppo Service/Website

 

The Byppo Website allows customers to place and pay for orders online with specific restaurants, retail outlets and other product providers listed on the website (hereinafter  referred to as “Vendor”). Through the Byppo Website, the customer selects food or other items from a menu of options and pays for the total charges with a credit card. The total charges may include: 

1. The posted amount of vendor charges for the items selected, 

2. Applicable sales and other taxes,

3. Byppo Convenience Fee charged to you by Byppo for each transaction

4. The amount of any optional tip that the customer may wish to pay and,

5. A delivery fee if applicable. 

 

Prices for Vendor products may change from the time the User adds them to the Cart until the final checkout screen. Any changed price will be shown at the time of checkout. You understand that the prices for menu items displayed through the Services may differ from the prices offered or published by Vendors for the same menu items, whether offered by the Vendors directly or on third-party websites. You also understand that such prices may not be the lowest prices at which the menu items are sold.

 

Byppo may, at its sole discretion, make discounts or other promotional offers with different features and different rates available to any or all of our users, which will not apply unless specifically made available to you. 

 

2. Service Options: Vendors will notify Byppo of the specific type of service it is offering at any given time. Byppo is not liable for any failure of the Vendor to provide the service to its customers.

The Byppo platform allows customers the ability to select from various service options available depending on the vendor:

1. Check-in - Customers can check in to the Vendor’s physical location by visiting the restaurant. A successful check-in requires the Customer to check in on the BYPPO APP and to leave a star-review rating or written feedback about his/her experience at the Vendor restaurant. 

2. In Seat Delivery - Customers can place and receive their orders at their specified seat locations. This option is available only in large venues such as sports arenas that have specific assigned rows and seat numbers. Customers are responsible for inputting the correct seat number. No changes to seat number is allowed once an order is placed. 

3. Pre-Ordering - Customers can place an order prior to the time they want to pick-up or have their food delivered.

4. Express Pick Up - Customers can skip the line by ordering their food from anywhere and pick up their orders when it is ready. 

5. Curbside Pick Up - Customers enter the descriptions of their car and vendors receive notification of the customer's arrival to maximize curbside pick-up efficiency. An optional “I have arrived” button allows customers to easily communicate with vendors after their arrival. 

6. Delivery - Customers can get their food delivered to a specific address when choosing this service option. Customers may be limited in delivery options depending on how far the distance is from the restaurant to the customer’s delivery address. No changes to the specified address is allowed once an order is placed. The Vendor may from time to time suspend the delivery option. For BYPPOCampus deliveries, the delivery range will extend only to university grounds.

3. Customer responsibilities regarding deliveries and pick-ups: 

1. You will be responsible for inputting on Byppo’s Website the correct address or other specific location for delivery. Byppo will not be responsible for (i) any errors in the location information (ii) any failure of Vendor to deliver to the correct location, or (iii) any claims you may have against the Vendor based upon the timeliness of the delivery. 

2. For delivery orders, you will receive a delivery code to assure successful delivery. Your delivery runner will enter the code that you provide as your confirmation of a complete and successful delivery.

3. Neither the vendor nor Byppo will be responsible for your failure to pick-up an order within a reasonable time, including any claims you may have regarding the quality of the products.

4. If you have elected to have your order delivered to a specific location and (i) failed to provide the correct address or (ii) failed to have anyone present when the delivery arrived, you will be liable for the entire cost of the order without any refund. If you placed an “Express Pick-up” or “Curbside Pick-up” order and failed to pick up your order when the vendor has fulfilled your order, you will be charged for the entire cost of the order without any refund.

 

4. BYPPOBucks and Byppo Referral Friends Programs: 

1. Byppo Check-In: As an incentive to dine in at any of the Byppo Vendors, you will be entitled to earn BYPPOBucks each time you “check-in” at a Byppo Vendor where you plan to dine. Registered users can earn BYPPOBucks only through the Byppo Native App. By participating in the program, you agree to the Rules and details of this program, which can be found at www.byppo.com/bucks. 

2. Byppo Referral Friends: Byppo is currently offering the opportunity for registered customers to earn a bonus for inviting friends who then join Byppo. The program rules for Byppo Referral Friends can be found at  https://www.byppo.com/byppofriends. 

 

5. BYPPOCampus 

BYPPOCampus is a program that is within the BYPPO app for customers to order from on-campus university vendors. Customers must verify their university affiliation with a campus .edu email address. Orders are restricted to university-related personnel. Available university campus services may vary. To find out more about the BYPPOCampus program, visit www.byppocampus.com.

 

Customers cannot order wine or other alcohol from BYPPOCampus vendors. No pick-up or deliveries of wine or alcohol will be made to BYPPOCampus customers.

 

6. Disclaimers

Byppo is not a retail store, restaurant, or any other entity that sells or distributes food or other products. All purchases by customers using the Byppo Website are transactions solely between the customer and the vendor. Byppo facilitates such purchases through its Website but is not a party to the purchase transactions and does not guarantee the quality or service provided by the vendor. 

 

You understand that the prices for menu or other product items displayed on the Website for a particular vendor may differ from the prices offered by that vendor on other third-party websites or for in-house ordering. You will have no claim against Byppo based on any such pricing differences that may exist.

 

Byppo relies upon vendors to provide accurate information regarding the quality, quantity and safety of vendor products. Byppo does not warrant, endorse, guarantee or assume responsibility for the quality, content, accuracy, dietary aspects or safety of any food or other products offered by vendors through Byppo’s Website. 

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

7. Credit Card Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, location, credit card number, the expiration date of your credit card, your billing address, and your delivery information. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register on the Website, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of the password. You accept responsibility for all purchases and other activities that occur under your account. If you have reason to believe that your account may no longer be secure, you must contact us immediately. Byppo will not be liable for charges to your account from someone else improperly using your account due to your conduct regardless of whether you have notified us of such unauthorized use. 

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) you are at least 16 years old; (iii) the information you supply to us is true, correct and complete (including an active email address that enable us to send you important updates with respect to the Website and the Services); (iv) you have the full right and authority to provide such information and to allow us to use such information to provide the Services; and that (v) none of the content transmitted, uploaded or otherwise distributed by you through use of the Website will infringe or otherwise conflict with the rights of any third party.

 

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. Our Privacy Policy can be found at byppo.com/privacy.

 

Note: Please be advised that your credit card statements will show charges to “Byppo Technologies” rather than the particular vendors from which you had ordered products. This is because Byppo is the party that processed your order for payment. Any disputes you may have as to such charges are in fact disputes with the vendors, not Byppo.

 

8. Wine and Other Alcohol

Customers cannot order wine or other alcohol through the ByppoCampus app. No pick-up or deliveries of wine or alcohol will be made to ByppoCampus customers. For all other Byppo orders, you will not purchase wine or any other alcohol through the Website unless you are at least 21 years of age. Upon the pick-up or delivery of any such order, you will be required to present valid proof of your age to the Vendor. You also agree that our Delivery Heroes may withhold delivery of the alcoholic beverages if you appear or the recipient of the delivery appears intoxicated when receiving delivery of such products. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees. You agree to defend and hold Byppo harmless, including payment of all costs and attorney fees, from any action brought against Byppo as a result of any illegal or other conduct by you that results in the illegal obtaining of wine or alcohol through the Website.

 

9. Tips

The Website allows you to select the amount of a tip, if any, that you wish to include in your order. Any tips you include in an order will be remitted to the Vendor, except when a delivery order is fulfilled specifically by a Byppo Delivery Personnel. 

 

No amount of any tip that you included in your order is refundable to you once your order is placed. 

 

10. Orders Cannot be Canceled by Customers

Once you place your order with Byppo, the order is immediately transmitted and effective. You are not able to cancel your order once it has been placed. Byppo cannot cancel an order on your behalf. It will be your responsibility to contact the Vendor if you believe that you are entitled to any refund on your order. If the Vendor agrees to refund all or a portion of your order through the Byppo Vendor Portal, a refund will be issued and the appropriate amount will be refunded back to the credit card that you used to place the order.

 

11. Claims and Refunds

Byppo has no obligation to provide refunds or credits. Byppo will not be liable for any errors or other problems arising with regard to the quality, quantity, safety, delivery or any other issue regarding the fulfilling of your order. Any disputes that you may have with regard to the fulfilling of your order must be resolved solely between you and the Vendor. Byppo may provide relevant information regarding any such dispute but will not otherwise be a party to or be responsible for any claims that you may have against the Vendor. Byppo will not advise the credit card service provider to adjust any charges to your credit card account except upon receiving express authorization from the Vendor. 

 

If the vendor elects to provide to you a full refund of your order price, Byppo will advise the credit card service provider to also refund to you the full Byppo Convenience Fee charged to you. If the vendor elects to refund to you less than the entire amount of your order price, there will be no refund of any portion of the Byppo Convenience Fee. .

 

If a customer requests a partial or full refund and is either (a) unable to communicate with the Vendor through no fault of the customer or (b) Byppo reasonably believes that a full or partial refund to the customer is appropriate to maintain goodwill with its customers, Byppo is authorized to provide a full or partial refund in reasonable circumstances. 

 

12. Communications

By using our Website you agree that Byppo and those acting on its behalf may send you text (SMS), telephone, or email messages at the phone number and email address you provided to us. These messages may include operational information as to the use of the Website and other promotional or marketing information. You may opt out of receiving such messages at any time by sending an email to info@byppo.com indicating that you no longer wish to receive messages along with the phone number of the mobile device and the email address receiving the messages.

 

Text Messaging

Byppo offers a text messaging service that allows you to receive order tracking information on your mobile device. Please see the text messaging terms and conditions below for full details, including possible fees associated with text messaging.

 

When placing orders through Byppo, you are electing to receive on your mobile phone text messages from the vendor, Byppo or a third-party service provider. If any of those messages require the payment of a text message fee, Byppo will not be responsible for payment of that fee. 

Text messaging terms and conditions

By opting in for text messaging service, you, the user, agree to the Terms and Conditions for Byppo as well as our Privacy Policy, available at app.byypo.com under General Settings. You also agree to the following as it pertains to specific usage of the text messaging service:

Usage

User acknowledges that text messages are distributed via third-party mobile network providers and therefore Byppo cannot control certain factors relating to message delivery. User acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Wireless carriers are not liable for delayed or undelivered messages.

Byppo does not claim or guarantee the availability or performance of this service, including liability for transmission delays or message failures.

Order status notification service

Our order status notification service will send you order updates. You will receive operational notifications about your upcoming orders. Standard messaging and data rates may apply. 

Opt-in: To opt in to Byppo’s order status notification text messaging, provide your mobile phone number during order placement. 

Byppo Opt-out: You may opt-out of receiving such messages at any time by sending an email to info@byppo.com indicating that you no longer wish to receive messages along with the phone number of the mobile device receiving the messages.

 

Text message troubleshooting

If you are not receiving messages from Bypo please ensure that text messaging is not disabled on your phone. You may also contact support@byppo.com for assistance.

 

Text Messaging Fees

Byppo does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a person's service provider that may result from our providing this service. It is the user's responsibility to check with their individual carrier, as standard messaging and data rates may apply. Byppo assumes no responsibility for charges incurred by signing up for this text messaging service. Any text messaging fees that you incur will be billed on your individual mobile provider bill.

 

13. Updates, Availability, Errors, and Inaccuracies

We may from time to time release bug fixes, updates, upgrades, and other modifications in order to add more features and to improve the performance of the Website (“Updates”). We shall notify you from time to time with respect to major Updates. The Updates shall be subject to the terms and conditions of the Terms of Use. In some cases installing the Updates might be a condition to continue using the Website.

We are constantly updating our product and service offerings on the Service. We may occasionally experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

14. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these provisions. 

 

If you participate in any Promotions, you will need to be in full compliance with the applicable Promotion rules.  Any dispute as to your qualification for a Promotion must be submitted in writing to Byppo no later than seven (7) days after the close of the Promotion.

 

15. Limitations of Use

Without derogating from any of the terms and conditions herein, you undertake to act in accordance with the following terms in relation to the Website:

• You undertake to refrain from using the Website in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these terms or the Privacy Policy.

• You undertake to refrain from making any alteration, modification or changes to the Website, interfering with the Website design, source code or any element of the Website and from inappropriately using the intellectual property rights of any third party;

• You undertake to refrain from attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to the server of Byppo Technologies, LLC, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means;

• You undertake to refrain from using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;

• You undertake to refrain from probing, scanning or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

• You undertake to refrain from using the Website to distribute copy, reproduce, transmit, publicly display, publish, edit or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander and hate speech, bullying and harassment including content that directly attacks people or shaming them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;

• You have examined, before using the Website, and ensured that the Website is suitable for your needs, and you waive any claim with respect to the Website not being fit for your needs.

• You are solely responsible to verify before using the Website the condition of your internet connection – we shall not bear any responsibility for damage that may be caused due to your internet connection problems.

• You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.

We reserve the right to prevent a user who has violated any provision of these Terms from using the Website.

 

By accessing the Website through your cell phone, you acknowledge that the availability of the Services is dependent on your mobile device and your mobile device’s carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by the Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of the Carrier. We shall not bear any responsibility for damage that you may incur due to the Carrier’s connection failure or mobile device problems.

 

16. Intellectual Property

The Service, the Website and their original content, features and functionality are and shall remain the exclusive property of Byppo Technologies, LLC and its licensees. The Service is protected by copyright, trademark, and other laws of both the United States and in the foreign countries where our Service is made available. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Byppo Technologies, LLC.

 

Your possession, access, and use of the Website do not constitute a transfer to you or any third party of any rights, title, or interest in or to such intellectual property rights. Byppo Technologies, LLC reserves all rights not granted explicitly in the Terms of Use.

 

17. Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Byppo Technologies, LLC.

 

Byppo Technologies, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Byppo Technologies, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

18. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

19. Indemnification

You agree to defend, indemnify and hold harmless Byppo and its licensees and licensors, and their employees, contractors, agents, officers and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your improper use and access of the Service, or (b) a breach of these Terms.

 

20. Limitation of Liability

In no event shall Byppo, nor its managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

This limitation of liability is part of the basis of the bargain between you and Byppo Technologies, LLC and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Byppo Technologies, LLC or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

 

21. Privacy

Our current privacy policy is available at byppo.com/privacy or app.byppo.com under General Setting, which is incorporated by this reference. We strongly recommend that you review the Privacy Policy closely.

 

22. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Byppo Technologies, LLC and its subsidiaries, affiliates, and its licensees do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

23. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

24. Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration. Either party may initiate arbitration by making demand on the other party by written notice. However, nothing in these terms will be deemed to waive, preclude or otherwise limit the right of either of us to (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state or local agency if that action is available; or (3) file suit in a court of law to address an intellectual property infringement claim.

 

The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall take place in Gainesville, Florida, United States. The arbitrator shall have authority to determine who shall pay costs and expenses, including without limitation reasonable attorneys’ fees and arbitrator’s fees, it being the intent of the parties that the prevailing party in any action shall be entitled to recover the cost of such action, including without limitation reasonable attorney’s fees, incurred as a result of such action.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

25. Contact Us

If you have any questions regarding these Terms, please contact us at info@byppo.com.