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Terms and condition



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 WEEKLYEAT, AS DEFINED BELOW.

 

Effective: July 8th, 2023
Updated: July 26th, 2023

 

A. Use of this Agreement 


This Agreement governs your use of the Technology and Services (collectively referred to as "Weeklyeat"), provided by Weeklyeat LLC. Throughout this Agreement, "Weeklyeat," "we," "us," and "our" refer to Weeklyeat LLC, a District of Columbia limited liability company, and its subsidiaries and affiliated companies.


B. Consent of this Agreement
 

Weeklyeat is an online marketplace platform that connects consumers, restaurants, and other businesses ("Merchants"), as well as independent third-party contractors who provide delivery and/or other services ("Contractors"). Our Technology enables consumers to place orders for food and/or other goods from Merchants, whether for delivery or pickup, and/or request services from Merchants. When a delivery order is placed, Weeklyeat utilizes the Technology to notify Contractors (or, in some cases, Merchants) about available delivery opportunities and facilitate the completion of the delivery to the consumer. For pickup orders, Weeklyeat uses Technology to communicate with the consumer regarding the availability of the order for pickup. Please note that Weeklyeat is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business unless otherwise specified.

 

By using the Weeklyeat platform, you acknowledge and agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with any part of this Agreement, you may not use the Weeklyeat services.

 

By accessing our websites at https://www.weeklyeat.com, installing or using the Weeklyeat mobile application, utilizing any other technology provided by Weeklyeat (referred to as the "Technology"), or accessing and using any information, function, feature, or service made available or enabled by Weeklyeat (collectively referred to as the "Services"), and by clicking or tapping a button or taking similar action to indicate your acceptance of this Agreement, or completing the Weeklyeat account registration process, you (referred to as "you" or "your") hereby represent and warrant the following: 

 

(a) You have read, understood, and agree to be bound by this Agreement, including any future amendments and additions, as published periodically at https://www.weeklyeat.com/terms/ or through the Technology. 

 

(b) You are of legal age in your jurisdiction of residence to enter into a legally binding contract with Weeklyeat. 

 

(c) You possess the necessary authority to personally enter into this Agreement and, if applicable, to enter into this Agreement on behalf of any organization for which you have created an account or named as the User during the Weeklyeat account registration process, thereby binding such organization to this Agreement.

The availability of specific Services may vary depending on the delivery or pickup address you have selected. Certain functions, features, or Services (referred to as "y") may not be accessible to all Users or at all times, and they may only be accessible through the latest version of the Weeklyeat mobile application. In this Agreement, the terms "User" and "Users" encompass all individuals and entities that access or use the Services, including organizations that register accounts or utilize the Services through their employees, agents, or representatives. Unless stated otherwise in this Agreement, if you do not agree to be bound by its terms, you are not permitted to access or use the Services.

 

C. MODIFICATIONS

 

Weeklyeat reserves the right to modify the terms and conditions of this Agreement or its policies related to the Technology or Services at any time. These modifications will become effective upon the posting of an updated version of the Agreement at https://www.weeklyeat.com/terms/ or through the Technology. In the event of material changes to this Agreement, we will notify you via email using the email address you have provided to us or through other means of communication. It is important for you to regularly review this Agreement, as your continued use of the Services following any modifications constitutes your acceptance of such changes. If you do not agree to these modifications, please discontinue using the Technology and Services immediately.

 

D. Terms and Policy
 

By utilizing the Services, you affirm your agreement to be bound by this Agreement and acknowledge and consent to the collection, use, and disclosure of your personal information as outlined in Weeklyeat's Privacy Policy, which is included in this Agreement by reference. Additionally, you agree to comply with any supplementary terms or policies for Users published on our website or mobile application, whether or not they are explicitly referenced or linked elsewhere in this Agreement. Please note that certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are also incorporated into this Agreement by reference.

 

E. Regulations and Restrictions

 

To ensure compliance and appropriate usage of the Services, please take note of the following rules and prohibitions:

 

(E1) You agree to solely utilize the Services for lawful purposes and refrain from using or attempting to use the Services for the transmission or storage of any unlawful material or engaging in deceptive or fraudulent activities.

 

(E2) You undertake to use the Services in accordance with all applicable laws, including those pertaining to copyrights, trade secrets, intellectual property rights, and any other rights of third parties, such as privacy, personality, or publicity rights.

 

(E3) You will only access or use the Services through methods explicitly authorized by Weeklyeat. If applicable, it is your responsibility to ensure that you download the appropriate Technology version compatible with your device. We cannot be held responsible if you do not possess a compatible device or if you mistakenly download an incorrect version of the Technology for your device. We reserve the right to terminate your access to the Technology and/or Services if you employ an incompatible or unauthorized device.

 

(E4) You are prohibited from using or attempting to use another User's account, impersonating any individual or entity, or manipulating headers or identifiers to disguise the origin of any content transmitted through the Services.

 

Please take note of the following rules and prohibitions when using the Services:

 

(E5) You agree not to use or attempt to use the Services in a manner that causes nuisance, annoyance, or inconvenience.

 

(E6) You agree not to use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose unless you have obtained prior written permission from Weeklyeat. This includes contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor.

 

(E7) You agree not to copy, distribute, or attempt to copy or distribute the Technology or any content displayed through the Services, including reviews, Merchant menu content, or catalogs, for republication in any format or media.

 

(E8) You agree not to create or compile, or attempt to create or compile, any content or collection, compilation, or other directories from the content displayed through the Services, except for your personal, noncommercial use.

 

(E9) You confirm that the information provided to us during registration or any other communication is accurate. You will promptly notify us of any changes to such information and provide any reasonable proof of identity that we may request.

 

(E10) You are responsible for keeping your account password and any other login or identification credentials confidential and secure.

 

(E11) You agree to use the Technology and Services solely for your own use and will not resell, license, or transfer them, or the content displayed through the Services, to any third party, directly or indirectly.

 

(E12) You agree not to use or attempt to use the Services in a way that could damage, disable, overburden, or impair any Weeklyeat server or the networks connected to it.

 

(E13) You agree not to attempt unauthorized access to any part of the Technology, Services, or any account, resource, computer system, or network connected to Weeklyeat servers.

 

(E14) You agree not to probe, scan, test the vulnerability of any system or network, or breach or circumvent any security or authentication measures implemented by Weeklyeat to prevent or restrict access to the Services or the content within. Furthermore, you agree not to attempt any of the actions mentioned above.

 

(E15) You agree not to deep-link to our websites or manually access them, or use any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, index, frame, or monitor any portion of our websites or their content. Additionally, you agree not to attempt any of the actions mentioned above.

 

(E16) You agree not to engage in scraping or any systematic retrieval of data or other content from the Services, and you will refrain from attempting any such actions.

 

(E17) You agree not to conduct yourself in a manner that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, Weeklyeat, Weeklyeat employees, or our community in any way. You will take reasonable measures to prevent such behavior.

 

(E17) You agree not to engage in threatening, harassing, racist, sexist, or any other behavior deemed inappropriate by Weeklyeat when using the Services.

 

(E18) You will promptly report any errors, bugs, overfunding, unauthorized access methods, or any breach of our intellectual property rights that you discover while using the Services.

 

(E20) You will not abuse or attempt to abuse our promotional or credit code system. This includes redeeming multiple coupons at once or opening multiple accounts to benefit from offers that are exclusively available to first-time Users.

 

(E21) Your participation in the Services is solely for your personal use or internal business use.

 

(E22) 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.

 

In the event that we have reason to believe or determine that you have violated any of the aforementioned rules, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion. We may also take legal action against you, including civil and or criminal. 

 

F. Merchants and Contractors Are Independent

 

(F1) You acknowledge and understand that Weeklyeat provides the Services to connect you with independent Merchants who offer products and services through the Services, as well as independent third-party Contractors who provide delivery and other related services. You agree that Weeklyeat is not a merchant, retailer, restaurant, grocer, pharmacy, delivery service, or food preparation business. As such, Weeklyeat assumes no responsibility or liability for the actions or omissions of any Merchant or Contractor. Merchants are solely responsible for the products or services they offer through the Services.

 

Weeklyeat does not engage in the delivery business, does not provide delivery services, and is not a common carrier. The Services offered by Weeklyeat are designed to facilitate the transmission of orders from Users to Merchants, including pickup or delivery services provided by Contractors and/or Merchants. Weeklyeat does not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You acknowledge that Weeklyeat is not responsible for the food preparation or product offerings of Merchants, the handling of food or other products, the safety of the food or products, or the accuracy of information such as photographs, images, menu or product listings, catalogs, item descriptions, nutrition, ingredient, or allergen information displayed through the Services. Weeklyeat does not verify the compliance of Merchants with applicable laws or regulations.

 

You also acknowledge that menu, product, or catalog listings, descriptions, or other information (including photographs, images, nutrition, ingredient, or allergen information) displayed through the Services may not have been directly provided by the Merchant. Weeklyeat may use artificial intelligence services that include but are not limited to Midjourney, Dalle, ChatGPT, and others to generate images and or texts in our services. Weeklyeat assumes no responsibility or liability for the actions or omissions of any Merchant or Contractor. You understand that the goods you purchase will be prepared by the Merchant you have chosen, and the title to the goods transfers from the Merchant to you at the Merchant's location. For delivery orders, the Contractor and/or Merchant will follow your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Weeklyeat holds any ownership interest in the goods you order through the Services. Until the title to the goods has passed to you, you must not take any action that seeks to create an encumbrance, lien, charge, or any other interest in or over the goods you have ordered.

 

G. Account for Use

 

To use certain parts of the Services, you may need to register for an account. During the registration process and whenever you use the Services, it is important that you provide accurate, current, and complete information. You are responsible for updating this information to ensure its accuracy, currency, and completeness. You are the sole authorized User of any account created through the Services, and you bear full responsibility for all activities that occur under your password or account. It is your responsibility to monitor your account to prevent unauthorized use, and you assume full liability for any unauthorized use of your password or account. You are not permitted to authorize others to use your User account, nor can you assign or transfer your User account to any other person or entity. If you suspect that your password or account is being used by an unauthorized party, you must notify Weeklyeat immediately. Weeklyeat will not be held liable, and you may be held liable, for any losses, damages, liability, expenses, or fees incurred by Weeklyeat or a third party as a result of someone else using your account, regardless of whether you have notified us of such unauthorized use. In case you provide any information that is untrue, inaccurate, not current, or incomplete, or if Weeklyeat has reasonable grounds to suspect the veracity, accuracy, currency, or completeness of such information, Weeklyeat reserves the right to suspend or terminate your account and deny any current or future use of the Services (or any portion thereof). In some cases, we may require or allow you to use a single pair of login credentials for accessing both Weeklyeat and Weeklyeat Drivers services. You agree not to create an account or use the Services if you have previously been removed or banned from using the Services by Weeklyeat.

 

H. Communication with Weeklyeat

 

By creating a Weeklyeat account or using the Technology or Services, you consent to receive communications from Weeklyeat, Contractors, Merchants, or third parties providing services to you or Weeklyeat. These communications may include emails, text messages, direct messages, chat messages, calls, and push notifications sent to the cellular telephone number you provided to Weeklyeat. You understand and acknowledge that these communications may be generated by automatic telephone dialing systems and/or may contain prerecorded messages sent by or on behalf of Weeklyeat and/or Contractors, including messages related to orders placed through your account on the Services. Please note that standard message and data rates may apply. 

 

For certain types of communications (such as marketing, research, or product updates), you may have the ability to manage the emails, text messages, push notifications, or other communications you receive from us through settings available in the Weeklyeat mobile application, on our website, or other communication mechanisms or functionalities.

 

It's important to clarify that any text message you receive from us, a Merchant, or a Contractor regarding an order is considered a transactional text message and not a promotional text message.

 

I. Record Keeping
 

By creating a Weeklyeat account, you also give consent to the use of electronic records to document your agreement. If you wish to withdraw your consent to the use of electronic records, you can email Weeklyeat at privacy@weeklyeat.com with the subject line "Revoke Electronic Record Consent".

 

To access and retain a copy of this Agreement, you will need (a) a device with internet access and a web browser, such as a computer or mobile phone, and (b) either a printer or storage space on the device. If you require a free paper copy of this Agreement or need to update your contact information, please email Weeklyeat at privacy@weeklyeat.com with your contact information and mailing address.

 

You agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you by Weeklyeat electronically fulfill any legal requirements that such communications would satisfy if they were in writing. It is your responsibility to keep your contact information, including your email address, up to date. This paragraph does not affect your statutory rights.

 

J. Intellectual Property

 

Weeklyeat alone (and its licensors, where applicable) shall retain all rights, title, and interest, including all associated intellectual property rights, in and to the Technology and the Services. This Agreement does not constitute a sale and does not transfer any ownership rights or related intellectual property rights in the Technology or the Services, or any intellectual property rights owned by Weeklyeat, to you. Weeklyeat's names, logos, and product names associated with the Technology and Services are trademarks of Weeklyeat or third parties, and no right or license is granted to use them. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

 

K. Pricing and Payments

 

(K1) Prices & Charges: Please take note of the following:

 

(K2) The prices displayed for menu items or products through the Services may vary from the prices offered by Merchants or on third-party websites. These prices are subject to change without prior notice.

 

(K3) Weeklyeat is not obligated to provide detailed cost breakdowns when publishing prices.

 

(K4) Pricing is subject to change at the discretion of Weeklyeat or the Merchant.

 

For certain transactions, the shown subtotals are estimates and may differ from the final in-store totals. Weeklyeat may temporarily authorize or place a hold on your payment method for an amount higher than the checkout total and charge the final price accordingly.

 

You are responsible for any applicable transaction taxes, and Weeklyeat reserves the right to charge additional amounts for such taxes. Weeklyeat ensures that the total charged aligns with the displayed total at checkout.

 

All payments will be processed by Weeklyeat and/or its payment processor, using the preferred payment method designated in your account. It is your responsibility to keep your billing information up to date to avoid any service interruptions.

 

L. Refunds

Promotional Offers and Credits: Weeklyeat, at its sole discretion, may provide promotional offers with different features and pricing to Users. These offers are subject to the terms of this Agreement and may be valid only for specific Users as indicated in the offer. By using promotional offers, you agree that:

 

(L1) The offers may only be used by the intended audience, for the intended purpose, and in compliance with applicable laws.

 

(L2) The offers may not be duplicated, sold, transferred, or made available to the general public unless expressly permitted by Weeklyeat.

 

(L3) The offers are subject to specific terms set by Weeklyeat for each promotional offer.

 

(L4) The offers cannot be exchanged for cash or cash equivalents.

 

Weeklyeat reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction if the promotion had not been applied, in the event that Weeklyeat determines or reasonably believes that the redemption of the promotion, or the receipt of the credit or benefit, was done in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. Weeklyeat reserves the right to modify or cancel an offer at any time.

 

Weeklyeat may also provide gratuitous credits that can be used for the Services. Any credits issued by Weeklyeat under this Section are valid for 3 months from the date of issue, except where prohibited by applicable law. These credits cannot be redeemed for cash or cash equivalents. However, please note that your credits may expire earlier if your account is deactivated. Upon expiration, the credits will be removed from your account and cannot be used for any orders. Credits issued to a User's Weeklyeat account can only be redeemed through the Weeklyeat Services. 

 

M. Service Fees

 

Weeklyeat reserves the right to change the fees charged for the Services as deemed necessary or appropriate for our business. These fees may include Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, Payment Processor Fees, and Surge Fees. Pricing may vary based on factors such as geographic location or usage. Additionally, Weeklyeat may charge you additional fees as required by law. Merchants may also be subject to fees, such as commissions, on orders placed through the Services, and these fees may be adjusted as necessary for business purposes or to comply with applicable law. Weeklyeat may charge a Service Fee for the convenience of ordering through the Weeklyeat platform. It's important to note that none of the fees charged by Weeklyeat, including the Service Fee, Delivery Fee, Small Order Fee, Payment Processor Fee, Surge Fee, or any other fee, grant you any rights to access, install, or use any Technology.

 

N. Referral Program

 

Weeklyeat's Referral Program Terms and Conditions are incorporated herein by reference. Under the referral program ("Referral Program"), Weeklyeat offers its registered Users in good standing the opportunity to earn gratuitous credits as promotional rewards by inviting their eligible friends to register as new Weeklyeat Users and place orders through the Services using a unique referral ID code or link. 

 

For each eligible order generated through a user's referral, the inviting user may receive a gratuitous credit as specified on Weeklyeat's Referral Program page. You acknowledge that Weeklyeat reserves the right to modify the terms and conditions of the Referral Program or terminate the Referral Program at any time. If you do not agree to these changes, you should cease participating in the Referral Program.

 

Any credit issued by Weeklyeat is valid for 90 days from the date of issue, unless prohibited by applicable law, and cannot be redeemed for cash or cash equivalent. Please note that your credits may expire earlier if your account is deactivated. Upon expiration, the credits will be removed from your account and cannot be used for any orders. Expired credits are no longer redeemable.

 

O. Mediation Agreement

 

Please read this section carefully. It states that any claims between you and Weeklyeat must be resolved through binding mediation or in small claims court, to the extent permitted by applicable law. This means that you cannot pursue a class action or similar proceeding against Weeklyeat in any forum, subject to the enforcement of mediation agreements in your country of residence. If you are located outside the United States and attempt to bring a claim in the United States, mediation is still required to determine whether this section applies to you and to resolve other threshold issues, including residency, mediation, venue, and applicable law. If your country of residence does not enforce mediation and or arbitration agreements, the mandatory pre-mediation dispute resolution, notification, and prohibition on class actions or representative proceedings outlined below still apply to the extent permitted by law.

 

All claims related to the Agreement, your use of the Services as a User, advertising or marketing communications, products or services received through the Services, and your relationship with Weeklyeat will be resolved through binding mediation, except where prohibited by law or as otherwise provided in this Mediation Agreement. Both parties may seek equitable relief in court for intellectual property rights infringement, and may also seek temporary or preliminary injunctive relief in court, as permitted by applicable law, to preserve the effectiveness of mediation.

 

United States Consumers Only: If you qualify, you may assert claims in small claims court, as long as the matter remains in that court and proceeds on an individual basis without class or representative actions.

 

By accepting this Mediation Agreement, you choose not to participate in class action lawsuits filed against Weeklyeat, including any future cases. Instead, you agree to resolve your claims against Weeklyeat through individual mediation. If successful in such mediation, you may be awarded monetary or other relief by a mediator.

 

O1. Informal Resolution. There are two steps to resolution, starting with informal resolution. You and Weeklyeat agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Weeklyeat, therefore, agree that, before either you or Weeklyeat demands Mediation against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Mediation Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 90 days after the other party receives such notice unless an extension is mutually agreed upon by the parties. To notify Weeklyeat that you intend to initiate an informal dispute resolution conference, email informalr@weeklyeat.com, providing your name, the telephone number associated with your Weeklyeat account (if any), the email address associated with your Weeklyeat account, and a description of your claim. The subject line should be titled “Consumer Informal Resolution”.

O2. Mediation Resolution. If you and Weeklyeat are unable to come to an informal resolution as described in section O1, either party may initiate section O2. You and Weeklyeat will confer along with a neutral mediator, via telephone or videoconference, in a good-faith effort to resolve through mediation any claim covered by this mutual Mediation Agreement. The mediation will be conducted by Waugh Law & Mediation L.C, pursuant to the most current version of its rules available at Mediation Rules and pursuant to the terms of this Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate a mediation dispute resolution conference, which shall occur within 90 days after the other party receives such notice unless an extension is mutually agreed upon by the parties. To notify Weeklyeat that you intend to initiate a mediation resolution conference, email mediation@weeklyeat.com, providing your name, the telephone number associated with your Weeklyeat account (if any), the email address associated with your Weeklyeat account, and a description of your claim. The subject line should be titled “Consumer Mediation Resolution”.

Mediator Powers

The mediator, rather than any federal, state, provincial, or local court or agency, shall possess the exclusive authority to resolve any disputes arising from the interpretation, applicability, enforceability, or formation of this Mediation Agreement. This includes any claim asserting that any part of this Mediation Agreement, in whole or in part, is void or voidable, as permitted by applicable law. Furthermore, all disputes concerning the payment of mediator or mediation-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined solely by a mediator, not by any court or mediator organization.

The mediation process will determine the rights and liabilities of you and Weeklyeat, if any. The mediator will have the power to issue orders, including subpoenas to third parties (to the extent allowed by law), which will enable the parties to conduct discovery that is sufficient to prepare their respective claims and defenses. It is important to note that mediation aims to provide a prompt and efficient means of resolving disputes. For instance, unless it can be demonstrated that a current or former high-level officer of either party possesses unique, personal knowledge of discoverable information, the mediator will prohibit oral discovery of such officers once less burdensome discovery methods have been exhausted.

The mediator will possess the authority to grant motions that dispose of all or part of any claim or dispute. They will also be empowered to award monetary damages on an individual basis and provide any non-monetary remedy or relief available to an individual under applicable law, the rules of the mediation forum, and this Agreement (including this Mediation Agreement). To ensure transparency, the mediator will issue a written statement of decision, outlining the essential findings and conclusions on which any award (or decision not to render an award) is based. This statement will include the calculation of any awarded damages.

Please note that the award will be binding solely among the involved parties and will not have any preclusive effect in any other mediation or proceeding involving a different party. The mediator will apply the relevant law and possess the same authority as a judge in a court of law to grant relief on an individual basis. Ultimately, the mediator's decision will be final and binding upon you and Weeklyeat.

Waivers

BY AGREEING TO THIS MEDIATION AGREEMENT, YOU AND WEEKLYEAT ARE VOLUNTARILY WAIVING THE RIGHT TO BRING ANY CLAIMS IN COURT OR HAVE A JUDGE OR JURY RESOLVE DISPUTES. INSTEAD, ALL DISPUTES WILL BE RESOLVED THROUGH BINDING MEDIATION.

 

ALL CLAIMS AND DISPUTES THAT FALL UNDER THIS MEDIATION AGREEMENT MUST BE HANDLED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU CANNOT JOIN OR CONSOLIDATE YOUR CLAIMS WITH THOSE OF OTHER CUSTOMERS OR USERS. IN CASES WHERE A DISPUTE IS FILED AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND A COURT FINDS THAT THE WAIVER OF CLASS, CONSOLIDATED, AND REPRESENTATIVE ACTIONS IS PARTIALLY UNENFORCEABLE, THE ACTION MUST BE LITIGATED IN A COURT OF COMPETENT JURISDICTION. HOWEVER, THE ENFORCEABLE PART OF THE WAIVER WILL STILL BE UPHELD IN MEDIATION. THE COURT PROCEEDINGS WILL HAVE STAYED PENDING THE CONCLUSION OF THE MEDIATION PROCESS. IT IS IMPORTANT TO NOTE THAT ONLY A COURT OF COMPETENT JURISDICTION, NOT THE MEDIATOR, CAN DECIDE IF ANY PART OF THE WAIVERS IN THIS SECTION IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE. THIS AGREEMENT DOES NOT PREVENT YOU OR WEEKLYEAT FROM SETTLING CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

Batch Mediation
 

Batch mediation Batches. In order to streamline the resolution process and promote efficiency, if 25 or more similar mediation demands against Weeklyeat, submitted within a 30-day period, are presented by the same law firm or organization, the following provisions shall apply:

 

- The parties will collaborate to organize the mediation demands into randomized batches, ensuring that each batch consists of no more than 25 demands (plus if there are fewer than 25 demands remaining after the initial batching, a final batch comprising the remaining demands).

- The law firm representing the claimants will arrange and present the batched demands to the chosen mediation provider in a format specified by the provider.

- The mediation provider will handle each batch as a single mediation, with one set of filing and administrative fees and one mediator assigned to each batch.

- The mediation provider will send one set of disclosures per batch and schedule one mediation Management Conference per batch.

- You agree to cooperate in good faith with Weeklyeat and the mediation provider to implement this batch approach to resolution and fees.

- Any disputes regarding the applicability of the batch mediation process will be resolved in a consolidated mediation proceeding that includes all affected parties. The resolution will be carried out by a single mediator, in accordance with the requirements outlined in this section.

 

Please note that despite any provisions to the contrary in the Agreement, batch mediations will take place in Washington, D.C. Alternatively, if the parties mutually agree, the mediations may be conducted via video conference. Additionally, the parties may opt for mediation based solely on written submissions, provided they reach an agreement to that effect.

 

Opt-Out. Weeklyeat's updates to these Terms and Conditions do not offer a fresh opportunity to opt out of the Mediation Agreement for customers or Users who had previously consented to a version of Weeklyeat's Terms and Conditions and did not validly opt out of mediation. Weeklyeat will still respect the valid opt-outs of customers or Users who validly opted out of the mediation Agreement in a previous version of the Terms and Conditions. If you are a customer or User who creates a Weeklyeat account for the first time on or after the effective date of these Terms and Conditions, you have the option to opt out of this mediation Agreement. By doing so, neither you nor Weeklyeat can compel the other party to engage in mediation as a result of this Agreement. To exercise your right to opt-out, you must submit a written notification to Weeklyeat no later than 30 days after initially becoming subject to this mediation Agreement. Your notification must include your name and address, your Weeklyeat username (if applicable), the email address and/or phone number you currently use to access your Weeklyeat account (if you have one), and a CLEAR statement expressing your desire to opt out of this mediation Agreement. Kindly send your opt-out notice to: mediation.optout@weeklyeat.com. If you opt out of this Mediation Agreement, all other sections of this Agreement will continue to apply to you. Opting out of this mediation Agreement does not affect any other mediation agreements you may have entered into or may enter into with us in the future.

 

No Effect on Independent Contractor Agreement. REGARDLESS OF ANYTHING STATED OTHERWISE IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL OVERRIDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND WEEKLYEAT PERTAINING TO YOUR EMPLOYEE OR INDEPENDENT CONTRACTOR STATUS, INCLUDING BUT NOT LIMITED TO ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. TO CLARIFY, IF YOU ARE A CONTRACTOR, OPTING OUT OF THE ARBITRATION AGREEMENT DOES NOT IMPACT YOUR AGREEMENT TO RESOLVE DISPUTES THROUGH ARBITRATION AS COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH WEEKLYEAT.

 

Survival. This mediation Agreement will remain in effect even after the termination of your association with Weeklyeat.

 

Modification. DESPITE ANY PROVISION IN THE AGREEMENT TO THE CONTRARY, WE AGREE THAT IF WEEKLYEAT IMPLEMENTS ANY SUBSTANTIAL FUTURE CHANGES TO THIS ARBITRATION AGREEMENT, THOSE CHANGES WILL NOT APPLY TO ANY INDIVIDUAL CLAIM(S) THAT YOU HAD ALREADY PROVIDED NOTICE OF TO WEEKLYEAT.

 

Entire Agreement; Severability. This Mediation Agreement constitutes the entire agreement pertaining to the formal resolution of disputes covered by this Mediation Agreement. In the event that any portion of this Mediation Agreement is deemed unenforceable, the remaining portions of this Mediation Agreement will remain enforceable.

 

P. Third-Party Interactions

 

Third-Party Websites, Applications, and Advertisements: The Services provided by Weeklyeat may contain links to third-party websites ("Third-Party Websites"), applications ("Third-Party Applications"), and advertisements ("Third-Party Advertisements") collectively referred to as "Third-Party Websites & Advertisements". By clicking or tapping on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, you acknowledge that Weeklyeat does not provide any warning regarding your departure from the Weeklyeat website or Services, nor does it inform you that you will be subject to the terms and conditions (including privacy policies) of another website or destination. Please note that these Third-Party Websites & Advertisements are beyond the control of Weeklyeat. Therefore, Weeklyeat cannot be held responsible for any Third-Party Websites & Advertisements. Weeklyeat provides these links as a convenience and does not review, endorse, monitor, approve, warrant, or make any representations regarding the products or services offered by these Third-Party Websites & Advertisements. It is your sole responsibility to use these links at your own risk. Before engaging in any transactions with third parties, we recommend reviewing their respective terms, policies, and privacy practices, and conducting your own necessary investigations.

 

App Stores: You acknowledge and agree that the availability of the Technology and the Services offered by Weeklyeat is dependent on the third party from which you obtained the application license, such as the Apple or Android app store (each referred to as an "App Store"). It is important to note that this Agreement is between you and Weeklyeat, not with the App Store. Therefore, Weeklyeat is solely responsible for the Technology and the Services, including the mobile application(s), its content, maintenance, support services, warranties, and addressing any claims relating to it (e.g., 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 bear all associated fees. Additionally, any fees charged by the App Store in connection with the Technology or the Services are your responsibility. Your use of the Technology and the Services is subject to all applicable third-party terms or agreements (e.g., the App Store's terms and policies). By using the Technology or the Services, you represent and warrant that you are not located in a country subject to a United States Government embargo or similar laws of other applicable countries, and you further represent and warrant that you are not listed on any United States Government list of prohibited or restricted parties due to involvement in "terrorist supporting" activities. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

 

Q. Social Media Guidelines

 

Weeklyeat's social media pages are established to serve the Weeklyeat community. When you engage with these pages by posting, commenting, or participating in any form of interaction, you are expected to adhere to our Social Media Guideline
 

R. Indemnification

 

You agree to indemnify and hold harmless Weeklyeat, its officers, directors, employees, agents, and affiliates (referred to as "Indemnified Party") to the fullest extent permitted by law. This means you will be responsible for compensating and protecting the Indemnified Party from any losses, claims, actions, costs, damages, penalties, fines, and expenses, including legal fees, that may arise from or relate to:

 

- Your User Content

- Your misuse of the Technology or Services

- Your violation of this Agreement or any representations, warranties, conditions, or covenants within this Agreement

- Your violation of any applicable laws, rules, or regulations in connection with your use of the Technology or Services

 

If any claim, allegation, suit, or proceeding arises in relation to these matters, you agree to cover the defense costs of the Indemnified Party, including reasonable legal fees and expenses. Weeklyeat reserves the right to assume exclusive control over the defense of any matter subject to indemnification by you, at its own expense. In such cases, you will fully cooperate with Weeklyeat in asserting any available defenses.

 

Please note that this indemnification provision does not require you to indemnify any Indemnified Party for unconscionable commercial practices, negligence, fraud, deception, false promises, misrepresentation, concealment, suppression, or omission of material facts committed by the Indemnified Party in connection with the Technology or Services.

 

It is important to understand that this indemnification obligation will continue even after the termination of your account, this Agreement, or your access to the Technology and/or Services.

 

S. Disclaimer of Warranties

 

PLEASE NOTE: CERTAIN IMPLIED WARRANTIES MAY NOT APPLY TO YOU DUE TO UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS. THIS AGREEMENT IS APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

By using the Technology and Services provided by Weeklyeat, you explicitly understand and agree that you do so entirely at your own risk. Changes may be made to the Technology and Services without prior notice, and Weeklyeat will make reasonable efforts to ensure their availability as much as possible. However, Weeklyeat does not guarantee uninterrupted availability of the Technology and Services. 

 

The Technology and Services are provided on an "as is" basis, without any guarantees, warranties, or conditions, whether expressed or implied. This includes but is not limited to, guarantees, warranties, or conditions of merchantability, fitness for a particular purpose, or non-infringement. Weeklyeat makes no warranties, conditions, or representations regarding the accuracy, reliability, completeness, or timeliness of the content available through the Technology or Services, as well as the Services, Technology, text, graphics, or links.

 

Weeklyeat does not warrant that the Technology or Services will be error-free or free from computer viruses and other harmful malware. If your use of the Technology or Services results in the need for equipment or data servicing or replacement, Weeklyeat shall not be responsible for any associated economic costs.

 

T. Internet Delays

 

Please note that the use of the Internet and electronic communications may inherently involve limitations, delays, and other issues. These factors can impact the availability and delivery of Technology and Services. Unless otherwise required by applicable law and subject to the Non-Excludable Provisions, Weeklyeat cannot be held responsible for any delays, failures in delivery, damage, loss, injury, or other economic harm that may arise due to such problems.

 

U. Breach and Limitation of Liability

 

This agreement is applicable to the fullest extent permitted by applicable law, and certain provisions in this agreement may not apply in specific jurisdictions.

 

United States Consumers: This agreement specifically applies to United States Consumers. You acknowledge and agree that a fundamental aspect of the Services and this Agreement is our shared intention to maintain simplicity and efficiency while providing the Technology and Services at a low cost. To achieve these goals, you understand and agree to the limitations on remedies and liabilities outlined in this agreement, which help keep the Technology and Services simple, efficient, and affordable for all Users.

 

Cap on Liability: In accordance with applicable law, Weeklyeat's aggregate liability shall not exceed the greater of the amounts actually paid by you to Weeklyeat or owed by you to Weeklyeat during the three (3) month period immediately preceding the event giving rise to the claim. This limitation on liability applies to residents of the United States to the extent permitted by applicable law.

 

Disclaimer of Certain Damages: To the fullest extent permitted by applicable law, Weeklyeat shall not be held liable to you or anyone else for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind. This includes damages such as personal injury, lost profits, pain, suffering, emotional distress, loss of data, revenue, use, and economic advantage. Please note that the foregoing disclaimer of punitive and exemplary damages, as well as the entire disclaimer of damages for personal injury or property damage, or for any injury caused by Weeklyeat's fraud or fraudulent misrepresentation, may not apply in jurisdictions that do not permit such exclusions.


 

V. Exclusive Venue

 

If you are a United States Consumer, both you and Weeklyeat agree that any claims or disputes arising from or relating to this Agreement, your use of the Services as a User, advertising or marketing communications related to Weeklyeat or the Services, products or services received through the Services as a User, or any aspect of your relationship or transactions with Weeklyeat as a User (including contract claims, tort claims, statutory claims, or claims for unfair competition) will be exclusively litigated in the state or federal courts located in the United States District Court for the District in which you reside (unless you are a resident of the District of Columbia and or U.S territories) if litigation is permissible under this Agreement.

 

W. Termination

 

If you violate this Agreement, Weeklyeat may take appropriate actions based on various factors, including the severity of your actions and whether there is a pattern of harmful behavior.

 

Furthermore, Weeklyeat, at its sole discretion, may modify or discontinue the Technology or Services, or suspend, modify, or terminate your access to the Technology or Services, for any reason, with or without notice and without any liability to you or any third party. In addition to suspending or terminating your access, Weeklyeat reserves the right to pursue appropriate legal action, including civil, criminal, or injunctive remedies. Even after your access to the Technology or Services is terminated, this Agreement will remain in effect. Provisions that are intended to survive and give effect to their terms will continue to apply following the termination of this Agreement.

 

X. Procedure for Making Claims of Copyright Infringement

 

Weeklyeat upholds a policy of terminating the membership privileges of Users who repeatedly infringe upon copyrights, upon receiving prompt notification from the copyright owner or their legal representative. If you believe that your work has been copied and posted on the Services in a manner that constitutes copyright infringement, please provide the following information to our Copyright Agent: an electronic or physical signature of the authorized person acting on behalf of the copyright owner, a description of the copyrighted work that has been infringed, a specific location on the Services where the infringing material can be found, your address, telephone number, and email address, a written statement affirming that you have a good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law, and a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

Please send your copyright infringement claim notice to Weeklyeat's Copyright Agent at the address provided below, based on the country where the copyright owner primarily resides or was formed:

 

REGISTERED AGENTS INC. 1717 N STREET NW, SUITE 1 Washington, District of Columbia 20036 and or by email at copyright.infringement@weeklyeat.com

 

Z. General

 

No Joint Venture or Partnership: This Agreement and your use of the Technology or Services do not create any joint venture, partnership, employment, or agency relationship between you, Weeklyeat, or any third-party provider.

 

Choice of Law: This Agreement is governed by the laws of the District of Columbia, United States, in accordance with the Federal Mediation and Arbitration Act, without considering any principles that would apply to the law of any other jurisdiction.

 

Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement will remain valid and enforceable to the fullest extent permitted. 

 

Consumer Complaints: If you are a United States Consumer, you may report complaints in accordance with the District of Columbia Code §§ 28-3901 to 28-3913. You can submit a complaint online through the Consumer Mediation Program at https://oag.dc.gov/consumer-protection/submit-consumer-complaint, call the Consumer Protection Hotline at 202.442.9828, or email consumer.protection@dc.gov.

 

Accessing and Downloading the Application from the Apple App Store

 

The following provisions apply to any Technology accessed or downloaded from the Apple App Store, referred to as an "App Store Sourced Application":

 

1. Agreement with Weeklyeat: You acknowledge that the Agreement is solely between you and Weeklyeat, not Apple. Weeklyeat, not Apple, is responsible for the App Store Sourced Application and its content. Your use of the App Store Sourced Application must comply with the App Store's Terms of Service.

 

2. Maintenance and Support: Apple is not obligated to provide any maintenance or support services for the App Store Sourced Application.

 

3. Warranty Claims: In case the App Store Sourced Application fails to meet applicable warranties, you may notify Apple for a refund of the purchase price, if any. Apple's warranty obligation is limited to the refund, and Weeklyeat is solely responsible for any other claims, liabilities, damages, costs, or expenses related to warranty or condition failures.

 

4. Claims and Liability: Apple is not responsible for addressing any claims by you or any third party concerning the App Store Sourced Application, including product liability claims, claims of non-compliance with legal or regulatory requirements, or claims under consumer protection laws.

 

5. Intellectual Property Claims: If a third party claims that the App Store Sourced Application infringes their intellectual property rights, Weeklyeat is solely responsible for the investigation, defense, settlement, and discharge of such claims.

 

6. Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement regarding your license of the App Store Sourced Application. Apple has the right to enforce this Agreement against you as a third-party beneficiary.

 

7. Compliance with Third-Party Terms: You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

Notice

 

It is your responsibility to provide Weeklyeat with your current email address. Even if the last email address provided is invalid or incapable of delivering notices, Weeklyeat's dispatch of the email containing such notice will be considered effective. Agreements, notices, disclosures, payment notifications, and other communications provided to you electronically through email or posting on the Services satisfy any legal requirement for written communication. You must have the ability to store such electronic communications in an unchanged form. Notice to Weeklyeat can be given by initiating a chat through our Customer Support page, and it will be deemed received on the next business day.

 

Transfer and Assignment

 

You cannot transfer or assign this Agreement, rights, or licenses granted hereunder, while Weeklyeat may assign them without restriction. Any attempted transfer or assignment in violation of this provision is null and void. This Agreement binds both parties and their successors and permitted assigns.

 

Currency, Legality, Subcontracting, Variation, and Entire Agreement

 

- Currency: Prices and amounts displayed on the Services are in the currency of the delivery or pickup jurisdiction unless stated otherwise.

- Legality: You may not access or use any portion of the Services if it is prohibited by law in your location.

- Subcontracting: Weeklyeat may subcontract its obligations under this Agreement without your prior written consent.

- Variation: Weeklyeat may vary, modify, or discontinue its websites or technology from time to time.

- Entire Agreement: This Agreement is the final and complete agreement between the parties, superseding all prior discussions on the subject matter. It does not supersede or modify any separate agreements between you and Weeklyeat regarding your work as an employee or independent contractor, including any Independent Contractor Agreement governing your role as a Contractor.

 

Contact Information

 

Please feel free to contact us with any concerns or feedback you may have. We value your input and will respond to your inquiries as promptly as possible. If you have any questions or comments regarding this Agreement, Weeklyeat welcomes your inquiry. You can reach us using the contact information provided below:

 

- Email: agreement-question@weeklyeat.com

- Phone: 202-569-6340

- Mailing Address: 1717 N st NW, Suite 1 Washington, District of Columbia 20036