Last Updated: October 10, 2021
1. Scope Of Terms
Thank you for using the services of Chowbus Inc. (together with its subsidiaries and affiliates that provide or relate to the Services or the Interfaces, “Chowbus,” “we,” “us” or “our”), the premier online marketplace for authentic Asian cuisine. The Services connect you with third-party providers through a virtual storefront in order for you to select certain restaurant, grocery and/or other goods from area restaurants and businesses (collectively, the “Services”).
Please read the Terms carefully before using the Services. The Terms represent a binding contract between you and us, and by creating an account, accessing our website, mobile application, any Interfaces, or otherwise using the Services, you are acknowledging that you have read, understand and expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any disputes. If you do not agree to be bound by the Terms, you may not use the Services, the Interfaces or any other service or product of Chowbus relating to them.
2. Account Registration
In order to use certain functions and offerings of Chowbus you may be required to establish an account (“Account”). The information required for your Account may include, without limitation: your name; mailing address; email address; telephone number; credit card information (if and when registering an account or purchasing products via the Services); and other information as may be necessary in connection with the Services (“Account Information”). You agree to provide us with accurate and complete Account Information and to keep it up to date, as applicable. You are responsible for maintaining the confidentiality and security of your Account Information, including your log-in credentials. You agree to accept responsibility for all activities that occur via your Account, including all purchases, and further to notify us as promptly as possible if you believe there has been any unauthorized use of your account or Account Information. Notwithstanding, Chowbus will not be liable for any losses or damages suffered by any party because of any unauthorized access to or use of your Account Information.
Chowbus also offers an automatically renewing subscription service, Chowbus Plus, that you may sign up for. Chowbus Plus grants you free delivery on orders above a certain threshold, depending on your jurisdiction or location, as well as certain potential member discounts. When you enroll in Chowbus Plus you acknowledge and agree that your subscription requires a recurring payment and that you will be responsible for all charges incurred prior to the cancellation of your Chowbus Plus membership. If you do not wish to continue to be charged this recurring fee then you must cancel your Chowbus Plus membership before the end of the applicable recurring order period.
We reserve the right to limit, prohibit specific orders from, or suspend access to more generally, any Account, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your Account Information.
3. Chowbus Communications
By establishing an Account, or otherwise providing your contact information, you agree that we may send communications to your email address as well as by telephone or text message at any of the phone number provided by you or on your behalf in connection with your Chowbus Account, calls and/or push notifications to the cellular telephone number or to other contact information that you provide, for purposes of customer service, confirmations, newsletters, marketing and product offers and other matters. Calls may be made by an automatic telephone dialing system and/or with an artificial or pre-recorded voice. You acknowledge that you may receive pre-recorded or other automated telephone communications from Chowbus and agree to receive the same. You may choose to opt out of much of this communication through your Account Settings page, by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages. Please note that even if you opt out, we will still send you Account related communications, such as purchase confirmation, password reset emails and similar transactional messages.
4. Your License to Use Chowbus
We provide you access to the Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Services for personal, non-commercial use only, and subject to these Terms. This license is available to you as long as you are not barred from the Services by applicable law and your account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use the Services, the Interfaces or any other service or product of Chowbus relating to them. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
5. Restrictions and Prohibited Uses
Chowbus is used by many people, and we are proud of the trust our users place in us. We expect in turn that our users do not misuse our Services. Except with our written permission, you may not:
Attempt to impersonate another person or use another person’s Chowbus account information without authorization;
Violate or override any of the Chowbus security features, including logging into a server that you are not authorized to access, or probing the vulnerability of the Chowbus systems and networks, or attempt to do the same;
Redistribute, decompile, reverse engineer, publish, or copy any portion of the Chowbus Content, website or mobile application;
Use the Services for the purpose of creating a product with a substantially similar look, feel or design;
Develop, support or use software, devices, scripts, robots or any other means or processes (such as browser plug-ins, add-ons, crawlers, or similar technology) to scrape or otherwise access or search the Services other than through our publicly supported interfaces;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related Content or data, or access to the same;
Interfere with others’ use and enjoyment of the Services;
Use the Services or any trademarks, trade names, service marks, copyrights or logos of ours in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Monitor the performance, functionality or availability of the Services for any competitive purpose;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your Chowbus Account and may also subject you to civil or criminal penalties.
6. Canceling Your Account
While we hope you enjoy using the Services, you may cancel your Account at any time via your Account page or by contacting our customer support team.
7. Intellectual Property
The Services are protected by U.S. and international intellectual property laws and you agree to abide by them. All information and content available on our website, mobile application, or by and through our other offerings, including, but not limited to, trademarks, logos, service marks, features, functions, icons, images, audio clips, data compilations and software, along with the compilation and organization thereof (“Content”) is the property of Chowbus and without our prior written consent you may not download, copy or store our Content in any form outside of Chowbus. Other than as expressly allowed herein, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of our Content or any portion thereof. You agree that all data and algorithms used in connection with providing Chowbus to you are “trade secrets” as that term is defined under applicable law. You agree not to reverse engineer or seek to reverse engineer any of the Services or Interfaces to discover any such data or algorithms or otherwise, and you agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Chowbus, the Services, the Interfaces and the other intellectual property rights of Chowbus. All intellectual property rights in Chowbus are, as between you and us, the sole and exclusive property of Chowbus.
Some of the Chowbus features may allow you to post, transmit, submit, distribute, reproduce or otherwise share content and materials for publication (“Your Content”). You own all intellectual property rights to Your Content in perpetuity, and you represent and warrant that you have all rights in and to any of Your Content that you share on our website. You agree not to engage in, or assist or encourage others to engage in, posting, transmitting, submitting, distributing, reproducing or otherwise sharing any of Your Content that is in violation of these Terms. You agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer the Services or the features you have elected to use. We may, but are not obligated to, examine or evaluate Your Content and refuse to post or remove the same. You acknowledge that we have no responsibility or liability for any of Your Content and you hereby waive any claims against us for any infringement of intellectual property, privacy and/or rights of attribution. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments or suggestions that you provide to us.
8. Social Media
Our website contains links to various Chowbus social media pages. The social media pages are made available through third party entities (“Social Media Sites”) and your use of the Social Media Sites is governed by those Social Media Sites’ applicable agreements, terms, conditions and privacy policies.
These Social Media Sites are made available strictly for your convenience. Please be advised that Chowbus is not in any way affiliated with these Social Media Sites, and the Services are not endorsed, administered or sponsored by any of the social media entities. You understand and agree that Chowbus will not be liable to you in any manner for any claim in connection with your use or inability to use any of the Social Media Sites.
9. Pricing and Payment Terms
When you make a purchase through the Services the payment method that you provide will be charged the amount indicated plus applicable sales tax and any gratuity(s) you wish to add. In certain cases, and at our sole discretion, Chowbus may verify that a payment method, whether a debit/credit card, mobile payments service, or other, is valid via pre-authorization with the issuing institution. We want the Services to be available to as many people as possible, so we accept multiple payment methods. Please note though that we cannot guarantee that all payment methods will always be available, and we reserve the right to add or remove payment methods from time to time in our sole discretion.
Charges for completed orders are final, and Chowbus has no obligation to provide refunds or credits. Nonetheless, we may grant a refund or credit depending on the circumstances, at all times in our sole discretion.
Prices for items and goods available through the Services are set by the Merchants, and the Chowbus prices may differ from the prices for the same items and goods available through other websites or from the Merchants directly. In limited instances, the subtotals displayed on the Chowbus Interfaces for items and goods may be estimates from the Merchant(s) and the final price may be lower or higher. In any such instance, we reserve the right to charge your account the final price upon final checkout.
Prices for items and goods available through the Services are subject to change without notice, and we reserve the right to discontinue or modify any offered items or goods at any time without prior notice. Additionally, from time to time we may offer or otherwise make available certain promotional prices or similar offers. Any such promotional offers are made at the sole discretion of Chowbus and are subject to these Terms at all times.
10. Independent Merchants and Delivery Providers
The Services are an online platform that connects you to independent restaurants, grocers, and similar food service providers (“Merchants”) and independent delivery providers (“DPs”). All Merchants and DPs are independent third parties. Further, DPs may be employed by or engaged via contract with third parties, and Chowbus may have arrangements with such third parties to pay fees and other consideration to such third parties in connection with the services provided by such DPs. Chowbus will undertake commercially reasonable efforts in connection with your use of the Services to provide you with information concerning such arrangements.
You understand and acknowledge that Chowbus does not directly prepare or offer either food or delivery services, and moreover that Chowbus has no responsibility or liability for the acts or omissions of any Merchant or DP. Chowbus is not a restaurant, grocer, or otherwise a Merchant. Chowbus is not a DP or a common carrier. Chowbus does not guarantee the suitability or efficacy of any Merchant or DP, and you acknowledge and agree that Chowbus does not assume any responsibility or liability for any products, items, goods or services of any Merchant or DP, and further that Chowbus is not in any way responsible for food preparation or safety.
11. Alcohol Purchases
You may have the option to purchase and/or request delivery of alcohol in some locations and from certain Merchants. If you reside in the United States, you agree that you will only order alcohol if you are 21 years of age or older, and that you will present a valid identification evidencing the same upon pick-up or delivery. If you reside in a country other than the United States, you agree that you will only order alcohol if you are of legal age or older to purchase alcohol in the relevant jurisdiction, and that you will present a valid identification evidencing the same upon pick-up or delivery. The DP reserves the right to refuse delivery if you are not of legal age to purchase alcohol, if the name on your identification does not match the name on your order, or if you are visibly intoxicated.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHOWBUS AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING CHOWBUS, THE SERVICES, AND ALL RELATED SERVICES AND OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WE STRIVE TO MAINTAIN THE SERVICES ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE INTERFACES OR OFFERINGS AT ALL TIMES.
13. Limitation of Liability
IN NO EVENT SHALL CHOWBUS OR ITS AFFILIATES, OFFICERS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO CHOWBUS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM; OR (II) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THE FOREGOING LIMITATIONS WILL NOT APPLY WHERE PROHIBITED BY LAW.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have any complaints with respect to material posted on the Interfaces, you may contact our designated agent by email to [email protected] or at the following address:
Chowbus Inc. ATTN: DMCA Complaint 224 S. Michigan Ave. Suite 400 Chicago, IL 60604
You must include the following information in your complaint:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Interfaces;
your mailing address, telephone number, and if available, email address;
a statement by you that you have a good faith belief that the use of the material by Chowbus is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
You will indemnify and hold Chowbus and its affiliates, directors, officers, employees and/or agents (collectively, “Chowbus Indemnitees”) harmless, including by paying costs and attorneys’ fees, from any claims, demands, losses, actions, costs, damages, penalties, fines and expenses (including, without limitation, attorneys’ fees and expenses) that may be incurred by any of the Chowbus Indemnitees arising out of or relating to Your Content, your misuse of the Services and Interfaces or other aspects of the Chowbus platform, your violation of these Terms, or your violation of any applicable laws, rules or regulations in connection with the Services or other aspects of the Chowbus platform. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Chowbus Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding, Chowbus reserves the right to assume the exclusive defense and control of any proceeding that relates to Chowbus, the Services or other aspects of the Chowbus platform, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Chowbus in its defense thereof.
16. Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and efficient method to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Chowbus Inc., ATTN: DISPUTE NOTICE, 224 S. Michigan Ave., Suite 400, Chicago, IL 60604, or by email to [email protected]. Before we file a claim against you, if we are actually aware that you have an Account and that your Account is associated with the basis for the claim we would bring against you, we agree to contact you at the email address associated with your Account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND CHOWBUS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO CHOWBUS, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
C. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, Illinois, or in any other location you and we mutually agree to. All claims for more than $7,500 will be conducted solely by an in-person hearing held in Chicago, Illinois or in any other location you and we mutually agree to.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. YOU AND CHOWBUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY (OTHER THAN CHOWBUS INDEMNITEES) IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. f any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW,THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS. If any court or arbitrator determines that the PAGA Waiver set forth in this paragraph is void or unenforceable, then this clause shall be deemed null and void in its entirety, but the remaining clauses herein shall survive unless a court or arbitrator determines otherwise.
G. NO RIGHT TO JURY TRIAL. YOU AND WE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
H. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Chowbus Inc., ATTN: Arbitration Opt-out, 224 South Michigan Avenue, Suite 400, Chicago, IL 60604, or by email to [email protected]. For new users, the notice must be sent within 30 days of registering any Account with Chowbus, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section entitled “Agreement to Arbitrate and Waiver of Class Action Claims”. If you choose to opt-out, Chowbus also will not be bound.
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by the law of the state of Illinois for residents of the United States, and by the law of the Province of Ontario for residents of Canada, without regard to any conflicts of law provisions. In the event the parties must litigate any issue under this Agreement, each party agrees that the exclusive venue for such litigation shall be the state or federal courts located in Cook County, Illinois, for residents of the United States, and the courts of competent jurisdiction in the city of Toronto for residents of Canada. Each party consents to the exclusive jurisdiction of these courts, as applicable.
(c) Change Policy. These Terms may be updated from time to time in our sole discretion. If we make material changes, we will attempt, but are not obligated, to provide advance notice to you either by email, by posting a notification on the Services or by posting an updated set of Terms on the Services at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of the Services following the effective date means that you agree with, and consent to be bound by, the updated Terms.
(d) Language. This Agreement has been drawn up in the English and Chinese languages. In case of discrepancies between the English text version of this Agreement and any translation (including but not limited to the Chinese version), the English version shall prevail.
(e) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by us on the Services, the Terms shall govern, unless otherwise indicated. Sections of the Terms which by their nature should survive any termination of the Terms will so survive.