Terms & Conditions
Terms of Service and Order Policies
Terms of Service
Order Policy for Business Users
Order Policy for Customers
Terms of Service
These terms and conditions are effective immediately for users registering accounts on the LocalServes App on or after August 1, 2023.
These terms and conditions (the "Terms") govern your access to and use of the LocalServes App and the LocalServes App website. By accessing, downloading, or using the LocalServes App, you are agreeing to these Terms and concluding a legally binding contract with LocalServes App, a company headquartered in Cypress, Texas. ("LocalServes App"). If you are unwilling to abide and be bound by LocalServes App’ Terms and Conditions do not download or use the LocalServes App or access the LocalServes App or Site.
IMPORTANT: The LocalServes App does not tolerate discrimination of any kind by any user of the LocalServes App including but not limited to the basis of race, color, gender, national origin, sex, religion, age, or other discriminatory basis. In addition, any type of hate speech, threats, harassment, lewdness, and other displays of bigotry is a violation of the LocalServes App’s Terms and Conditions. Violating these terms can result in immediate termination of your account and being banned from future use of the LocalServes App without any notice.
1. DEFINITIONS
A. Parties
a. "You" and "your" refer to you, as a user of the LocalServes App or Site – Business or Customer.
b. A "user" is someone who accesses, browses, crawls, scrapes, posts, reviews, rates, shares, recommends, or in any way uses the LocalServes App or Site.
c. "We," "us," and "our" refer to LocalServes App.
d. "Site" refers to the LocalServes App or Site.
e. “Business” any user that signs up as a business user on the LocalServes App, including, but not limited to owners of mobile or stationary eateries such as food trucks, independent chefs, local restaurants, food stands, etc.; sometimes referred to as the Business, Vendor or Merchant
f. “Customer” any user that signs up as a Customer on the LocalServes App with the intent to view, browse, search for businesses or items and who may engage in purchasing products from Business users using the LocalServes App platform.
g. “Admin” an authorized LocalServes Representative who has privileged access to perform elevated tasks on behalf of LocalServes App
h. “LocalServes Team Member” an authorized person who works for LocalServes and has the authority to act on behalf of LocalServes App.
i. “3rd Party Vendor” refers to the use or partnership of any 3rd party application program interface (API), company, or software used by the LocalServes App to effectively run the platform such as Stripe.
B. Content
a. "Content" means text, images, photos, notifications, descriptions, location data, QR Codes, and all other forms of data or communication.
b. "Your Content" or "User Content" means Content that a Business or Customer may submit or transmit to, thru, or in connection with the LocalServes App or Site, including, but not limited to images, ratings, reviews, favs, my dishes, invitations, and information that a Business or Customer publicly display or displayed in their account profile.
c. "LocalServes App Content" means Content that LocalServes App creates and makes available in connection with the LocalServes App or Site.
d. "Third Party Content" means Content that originates from parties other than LocalServes App or its users, which is made available in connection with the LocalServes App or Site.
e. "Site Content" means all of the Content that is made available in connection with the Site, including but not limited to Your Content, User Content, Third Party Content, and LocalServes App Content.
2. CHANGES TO THE TERMS OF SERVICE
LocalServes App reserves the right to modify the Terms at any time with the most current version of these Terms uploaded onto LocalServes App (This includes any material changes to these terms). The revision date of the Terms will be displayed at the bottom of the Terms page on the LocalServes App or Site.
Your use of the LocalServes App or Site confirms that you fully understand and agree that your access to or use the LocalServes App or Site is governed by the updated Terms. This understanding and agreement is effective at the time of your access to or continued use of the LocalServes App or Site.
You should review the LocalServes App Terms regularly as the latest version will be legally binding. Any such updates will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the LocalServes App or Site after the effective date of modifications (changes) to the Terms confirms your acceptance of the updated Terms.
3. TRANSLATION
The LocalServes App Terms are only available in the English language. If needed, you may use a translator to help aid your understanding. LocalServes Approver, the English version of LocalServes’ Terms governs your relationship with LocalServes App, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE LOCALSERVES APP
A. Age Restrictions
You must be 18 years or older to access or use the LocalServes App or Site. Age restrictions are required as you must have the requisite LocalServes App and authority to agree to enter into these Terms with LocalServes App. You are forbidden to access or use the LocalServes App or Site if you are a current or future competitor of LocalServes App, if you have been previously banned from LocalServes App, or if your account has been closed on LocalServes App for abusing the LocalServes App Terms.
B. Authorization to Use the LocalServes App
LocalServes App grants you permission to use the LocalServes App or Site subject to the restrictions in these Terms. Your use of the LocalServes App or Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. LocalServes App is not responsible for such content as it does not express our views or opinions in any way
C. LocalServes App or Site Availability
LocalServes App reserves the full rights to modify, update, interrupt, suspend or discontinue LocalServes App at any time without notice or liability.
D. User Registration (Accounts/Profiles)
Registration is required for all users. You must create an account and update your profile in some cases to be granted full access to some features and functionality offered through the LocalServes App.
You as a Business or Customer are responsible for the following:
* Taking ownership and maintaining the confidentiality of your login credentials on the LocalServes App which includes your username, email, and account password.
* All actions taken with connections to your account - You understand and agree that you must immediately notify LocalServes App in writing of any unauthorized use of your account. LocalServes App reserves the right to close or suspend your account at any time for any or no reason without any prior notification.
Business accounts are for commercial use. When creating your Business account on the LocalServes App, providing complete and accurate information about you and/or your business is required. Falsifying information, impersonating someone else such as assuming the identity of a celebrity or a non-celebrity, creating or using an account for anyone other than your business, providing an email address other than one that you own, or creating multiple accounts to abuse the system is strictly prohibited and will not be tolerated. LocalServes reserves the right to close or suspend your account at any time for any or no reason without any prior notification
E. Messages from LocalServes App and other Users
You understand that creating an account on the LocalServes App, signifies that you agree to receive essential and non-essential communications from LocalServes App and other users on LocalServes App. This includes but is not limited to emails, messages, notifications, newsletters, text messages, phone calls, advertising, reviews, and more. You can opt-out of non-essential communications by deleting the LocalServes App and ceasing to use the LocalServes App. Continued use of or accessing the LocalServes App constitutes your legally binding contract to the Terms therein.
Language deemed as inappropriate by the LocalServes App will not be tolerated on the LocalServes App. This will lead to immediate deactivation of the account in violation.
Users may report another user, business, or item that does not abide by the Terms stated. Wrongfully reporting another user, business, or item that meets the Terms is considered a violation and may result in your account being suspended.
5. CONTENT
A. Content Responsibility
Sharing of your login credentials with others to LocalServes App is strictly prohibited. Use of the LocalServes App indicates that you understand that you are fully responsible for any content that is published and shared under your account whether written or via pictures. You
assume all risks associated with content shared on the LocalServes App using your account, including anyone relying on the completeness, quality, accuracy, reliability, age restrictions, or any disclosure of information supporting your content shared.
Use of Content on LocalServes App must not be proprietary information and must be owned by the Business or Customer or have the proper legal authority to use the information. Using, posting, or sharing any content on the LocalServes App indicates that you have the necessary permissions to use and authorize the use of said content as described in LocalServes App Terms.
You may not imply that content shared on LocalServes App using your account in any way sponsored or endorsed by LocalServes App.
You are 100% liable for any falsified content, intentionally misleading, defamatory activities, violations of any third-party rights (including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights), unlawful content (including abusive, illegal, derogatory or hate dialogue), pornographic material, exploitation of minors, or support of any other violators.
B. Use of Your Content
LocalServes App reserves the right to use any content shared on the LocalServes App, on affiliated sites, or in any way deemed necessary by LocalServes App. Content may be displayed publicly, rephrased, reformatted, incorporated into advertisements and other works. Content may be used to create derivative works to promote or distribute
This also includes the rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works. You understand that LocalServes App’ re-use of any of your content with regards to LocalServes App or any affiliated sites for any purpose grants LocalServes App total rights. Your content is royalty-free, not proprietary and you are not entitled to any perpetual, non-exclusive, assignable, sub-licensable, or transferable rights in the event that your content is re-used.
You also understand that any information shared on LocalServes App or Site irrevocably grants LocalServes App, the users of the LocalServes App or Site, Press, marketing, social media, and any other Media outlet the right to access your content in connection with their use of the LocalServes App or Site and any other Media.
Your use of the LocalServes App or Site supports that you irrevocably waive your rights to any and all claims and assertions of moral rights or attribution with respect to content shared using your account on LocalServes App.
C. Ownership
You own your content shared and displayed on LocalServes’ site, on affiliated sites, or in any way deemed necessary by LocalServes App and take full responsibility for your actions. LocalServes App reserves the right to utilize any content on the LocalServes App or LocalServes App site by any user, including but not limited to photos, images, reviews, name sake, interactive features, graphics, designs, or any other user and site content. LocalServes App is not responsible for any content that may be deemed as offensive or inaccurate by others.
LocalServes App owns the app functionality, code, source code, software, aggregate user review ratings, and all other elements and components of the LocalServes App or Site excluding your Content, User Content and Third-Party Content. You understand that
LocalServes App owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the LocalServes App content and the LocalServes App or Site. You may not modify, reproduce, distribute, create derivative works, scrap, hack, adaptations of, publicly displayed or in any way exploitation of any of the LocalServes App Content in whole or in part except as expressly authorized by LocalServes App in writing. LocalServes App does not grant you any express or implied rights to LocalServes App’ Content and all rights in and to the Site are retained by us.
D. Advertising
LocalServes App reserves the right to publicly display and share advertisements from paid advertisers anywhere on the LocalServes App or Site including adjacent to or included with your content on the LocalServes App or Site. Advertisements from LocalServes App or our affiliates may be shared or displayed on the LocalServes App or Site, sent to your email address, or sent to your phone. Your continued use of LocalServes App signifies your acceptance of these Terms and you understand that you are not due any compensation, acknowledgment, or royalties of any kind for such advertisements. The manner, mode and extent of such advertising methodologies are subject to change without prior notice to you.
E. Other
User Content, including employees and/or contractors of users or those employed or contracted by LocalServes App, does not reflect LocalServes App’ opinions. LocalServes App reserves the right to manage, remove, screen, edit, or reinstate app or site content at our sole discretion for any reason or no reason, and without prior notice to you or anyone. This includes our rights to remove a review, comments, photos or any other content shared if the LocalServes App believes it violates LocalServes App’s Terms. LocalServes App is not obligated under no circumstances to retain or provide anyone with copies of requested content or explanation for our actions. Neither do LocalServes App guarantee any confidentiality with respect to your content as the information being shared is public content and visible to guests and all of LocalServes App’s users.
6. RESTRICTIONS
All users of the LocalServes App understand that although LocalServes App encourages users to let us know if it is believed that another user has violated the Terms of LocalServes App, LocalServes App is not obligated in any way to enforce these Terms against another user on anyone’s behalf. LocalServes App reserves the right to conduct an investigation into and take appropriate action against a user at our sole discretion.
7. USERS’ COMMITTMENTS
A. All Users agree that you will not assist, encourage, or enable others to use the LocalServes App or Site with ill will or that goes against any of LocalServes App’ Terms.
This includes:
i. Violating our Content Guidelines, by writing fake or defamatory reviews in exchange for monetary gain or in an attempt to morally deceive other users, trading reviews with other businesses, or compensating someone or being compensated to write, edit, or remove a review.
ii. Violating the rights of any 3rd parties and their content.
iii. Violating content used on LocalServes App that breaches LocalServes App’ intellectual property or proprietary rights including any breach of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
iv. Stalking, threatening, harming, harassing, or fraudulently luring others with deceptive practices causing physical harm, death, or financial loss.
v. Promoting or encouraging prejudice, racist, derogatory, or discriminatory activity
vi. Promoting a business or other commercial venture or event, except in connection with a Business Account and as expressly permitted by LocalServes App
vii. Utilizing the LocalServes App for commercial purposes outside of those permitted by the LocalServes App Terms
viii. Sending bulk messages, email communications, surveys, or any other mass messaging tools, whether commercial in nature or not
ix. Engaging in keyword spamming, or otherwise attempts to manipulate the LocalServes App search results or any third party LocalServes App
x. Soliciting personal information from minors, submitting or transmitting explicit or pornographic material; or
xi. Violating any applicable law where-in adopted by legal authorities
xii. Enabling or encouraging others to violate the Terms
xiii. Modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the LocalServes App or Site or Site Content (other than your own content), except as expressly authorized by LocalServes App
xiv. Using any robots, spiders, LocalServes App crawlers, site search/retrieval applications, APIs, or any other automated devices or software processes, or methods to access, retrieve, scrape, or index any portion of the LocalServes App or any Site Content
xv. Collecting and building a database from LocalServes App’s users and any other content on the LocalServes App with any intent.
xvi. Reverse engineering any portion of the LocalServes App or Site
xvii. Removing or modifying any copyright, trademark or other proprietary rights notice that appears on any portion of the LocalServes App or Site or on any materials printed or copied from the LocalServes App or Site;
xviii. Recording, processing, researching, or data mining information about other users;
xix. Accessing, retrieving or indexing any portion of the LocalServes App or Site for purposes of constructing or populating a searchable database of business reviews
xx. Reformatting or framing any portion of the LocalServes App or Site;
xxi. Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on LocalServes App' technology infrastructure or otherwise make excessive traffic demands of the LocalServes App or Site
xxii. Attempting to gain unauthorized access to the app, user accounts, computer systems or networks connected to the app through hacking, password mining or any other means;
xxiii. Using the LocalServes App or any app Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
xxiv. Using any device, software or routine that interferes with the proper working of the LocalServes App or site, or otherwise attempt to interfere with the proper working of the LocalServes app or site;
xxv. Using the LocalServes App or Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xxvi. Removing, circumventing, disabling, damaging or otherwise interferes with any security-related features of the LocalServes App or Site, features that prevent or restrict the use or copying of LocalServes’ Site Content, or features that enforce limitations on the use of the LocalServes App or Site.
The restrictions above are governed by any applicable laws and LocalServes App reserves all rights at our sole discretion to address these matters in accordance with the law.
8. GUIDELINES AND POLICIES
A. Content Guidelines
Use of the LocalServes App or Site represents that you have read, fully understand, and agree to abide by our Terms in its entirety.
B. Privacy and Disclosure
Use of the LocalServes App or Site represents that you have read, fully understand, and agree to abide by our Privacy Policy.
LocalServes App may disclose information shared on our site to third parties if LocalServes App have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the App outside of the United States, you understand and consent to having your personal data transferred to and processed in the United States.
C. Copyright And Trademark Disputes
You understand and agree that the abuse of intellectual property rights of others on LocalServes App and its affiliates is prohibited. You are solely responsible for any misuse or mishandling of any user(s) intellectual property. LocalServes App is NOT responsible in any way for the abuse of intellectual property including but not limited to images, content, misrepresentation, and any other situation that may bring about Copyright and Trademark
9. SUGGESTIONS
You agree that any information, ideas, suggestions, recommendations, documents, feedback, or proposals given to LocalServes App by you or on your behalf is neither confidential nor proprietary. LocalServes App are under no obligation of confidentiality whether expressed, written, or implied, with respect to the content provided. You understand that LocalServes App may have similar content or development planned whether documented or not, in consideration, or actively in development. By submitting any information to LocalServes App, you willingly grant us an irrevocable, non-exclusive, royalty-free, perpetual, license to use, modify, develop, prepare derivative works, publish, distribute and sublicense the Content in any way deemed necessary as determined by LocalServes App. Furthermore, you irrevocably waive, and cause to be waived, against LocalServes App and its users any claims and assertions of any moral rights contained in such Content.
10. THIRD PARTIES
You understand that the LocalServes App or Site may include links to other 3rd Party LocalServes App or sites or applications for which LocalServes App do not control or endorse. You understand that LocalServes App is not responsible for the availability or content shared for such Third-Party sites. You take responsibility and fully understand that you are using Third Party Sites on LocalServes App at your own risk.
11. INDEMNITY
You as a user (any people or person utilizing content from the LocalServes App LocalServes App, site, or any other affiliated material pertaining to LocalServes App and its entities) understand and agree to protect, defend, and hold the following including, but not limited to LocalServes App, its affiliates, any related companies, contractors, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "LocalServes App Entities") innocent and non-responsible for costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the LocalServes App or Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the LocalServes App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. LocalServes App reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of LocalServes App. LocalServes App will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LOCALSERVES APP ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE LOCALSERVES APP. BY ACCESSING OR USING THE LOCALSERVES APP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS
A. THE APP IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE LOCALSERVES APP ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE LOCALSERVES APP IS AT YOUR OWN DISCRETION AND RISK. THE LOCALSERVES APP ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE LOCALSERVES APP, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE LOCALSERVES APP ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE LOCALSERVES APP INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE LOCALSERVES APP.
B. THE LOCALSERVES APP ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE LOCALSERVES APP OR THE LOCALSERVES APP’S USERS. ACCORDINGLY, THE LOCALSERVES APP ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE LOCALSERVES APP. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. USERS ARE REQUIRED TO PERFORM THEIR OWN DUE DILIGENCE BEFORE ENGAGING IN ANY BUSINESS TRANSACTION ON THE LOCALSERVES APP.
C. THE LOCALSERVES APP ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE LOCALSERVES APP ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE LOCALSERVES APP, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE LOCALSERVES APP.
E. THE LOCALSERVES APP ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE LOCALSERVES APP OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE LOCALSERVES APP ENTITIES IN CONNECTION WITH THE LOCALSERVES APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. THE LOCALSERVES APP ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
13. CHOICE OF LAW AND VENUE
Cause of action or dispute that might arise between you and the LocalServes App (a "Claim"), without regard to conflict of law provisions - FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HARRIS COUNTY, TEXAS
14. TERMINATION
A. You may terminate your account at any time by permanently closing your account, discontinuing your use of the LocalServes App or Site, and providing LocalServes App with a notice of termination. Please review our Privacy Policy for information about what LocalServes App do with your account when terminated.
B. LocalServes App may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14, and the Order Policies for Businesses and Customers will continue in full force and effect, including our right to use any Content as detailed in Section 5.
15. GENERAL TERMS
A. LocalServes App reserves the right to modify, update, or discontinue the LocalServes App at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. LocalServes App may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the LocalServes App.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement with the LocalServes App and you regarding the use of the LocalServes App and supersede any prior agreement LocalServes App you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on LocalServes App' part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with LocalServes App’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16. MODIFICATIONS TO THESE TERMS OF SERVICE
LocalServes App may revise these Terms of Service from time to time. The most current version of the Terms of Service will govern your use and acceptance of the latest Terms of Service which will be located on the LocalServes App or Site. If LocalServes App makes material changes to these Terms of Service, LocalServes App will notify you by email, push notification, in-app notification or by posting a notice on the Service prior to the effective date of the changes. By continuing to retain the downloaded LocalServes App on your device or the access or use of the Service provided by LocalServes App after those changes become effective, you agree to the revised Terms of Service.
Order Policy and Terms for Business users
In addition to the Terms above within this document and the Privacy Policy, ALL USERS will comply with the following Order Policy and Terms for Business Users. The Business understands that any violation of any of these policies or terms can result in the LocalServes App Team taking action which may include cancellation of an order and/or deletion or deactivation of a user’s account on the LocalServes App without notice.
In accordance with the LocalServes App Terms, Agreements, and Policies as it relates to orders, Businesses agree that they will as it relates to:
Business Account and Profile
1 Abide to be legally bound to all LocalServes App Terms included in the ‘Selling Agreement Policy’ for all Businesses who wish to sell products on the LocalServes App
2 Adhere to all legal rules, laws, regulations, and requirements to sell food items including local, state, and federal laws.
3 Certify all requirements in accordance with all local, state, and federal laws including, but not limited to certifications, insurance, or permits.
* Hours of Operations
o The Business understands that the hours of operation are a key driver that controls the Business’ ability to sell items on the LocalServes App.
o The Business is responsible and agrees to manage the accuracy and completeness of its days and hours of operation and remain open for business on the LocalServes App the same days and hours of operation as the Business’ in-store hours.
o The Business agrees to update any changes to their hours of operations including, but not limited to holidays, natural disasters, equipment failure, power outages, limited staff, relocation, emergency closures, changes to standard hours of operation or plans to close earlier than Business’ standard hours of operation.
o The Business is responsible for fulfilling orders placed within the hours listed on the LocalServes App.
Posting Food Items
* Ensure the Content shared for the business is complete, accurate, owned by the person listing the business or have the proper legal authorization to list the business including but not limited to the logos, business name, business description, address, phone number, website, etc.
* Ensure the Content shared for the items such as photo images are owned by the person listing the business or have the proper legal authorization to use the images.
* Ensure the Content shared for the items is complete, accurate, properly represented, and does not show any misleading information for items being listed for sale including but not limited to the description, price, ingredients, etc.
* Ensure only food items are listed on the LocalServes App.
o Approved Items Include:
* Edible, ready to eat food items approved by the USDA.
* Alcoholic and non-alcoholic beverages
o Prohibited Items Include:
* Non-Food Items
* Food Items not ready to eat may require additional processes in order to make ready to eat.
* Any products that contain illegal drugs or tobacco are not allowed on the LocalServes App
* Ensure the business is adhering to all governing rules, laws, and regulations regarding age restricted Item(s). The Business agrees that they will not participate in the illegal sale of any age restricted items to those Customers who do not meet the legal requirements.
* Businesses are solely responsible for the safety of customers by ensuring their items meet governing rules including, but not limited to proper food temperature, freshness, food poison, illnesses determined to be caused by ingesting specific foods sold by the business, etc.
* Businesses agree that they will upload quality images and adhere to the LocalServes App standards for logos, banners, and food items which includes but is not limited to
o Make sure the image is aesthetically appealing.
o Make sure the image is sized appropriately.
o Make sure the images are not blurry.
o Make sure the images are bright enough and taken from an angle that allows a clear picture of the contents of the dish.
o Make sure the images focus on the dish being sold with minimal background.
o Make sure the images do not contain any pictures of people, not even their hands.
o Make sure the image is rotated to the proper upright position and not turned on its side.
o Make sure the image does not have any shadows.
o Make sure the image does not contain any products in Styrofoam plates, platters, bowls, or anything that contains foil or is wrapped in foil.
o Make sure the image appropriately reflects the item being sold and described.
* LocalServes App reserves the sole right to determine if an item meets the LocalServes App image standards and can disable, replace, or remove any images that do not meet the quality standards or for any other reasons without notice.
* Businesses are responsible to honor Customer orders that match the details of the items as listed by the Business on the LocalServes App. This includes fulfilling orders as they appear on the LocalServes App regardless of any inaccuracies in price, quantity, description, discounts, add-ons, etc.
* The Business is fully responsible for any abuse, misrepresentation, wrongful dissemination of fraudulent, false, or misleading information, misuse, knowingly or unknowingly serving products that may inflict or cause financial or physical harm to patrons, can result in the Business’ account being permanently terminated at the sole discretion of the LocalServes App Team. The Business acknowledges and agrees that the LocalServes App, its partners, and its 3rd party affiliates, cannot and will not be held liable for the abuse of terms. Any Business caught in violation of listing any prohibited items will be promptly removed and banned from use of the LocalServes App with or without notification.
Technology Fees and 3rd Party Fees
The Business understands and agrees:
o ALL orders placed on the LocalServes App are subject to Technology Fees and 3rd Party Fees.
o The Business is responsible for any 3rd party fees associated with orders placed to their Business by a Customer on the LocalServes App. This includes any fees associated with initiating a new order, marking an order as complete, marking an item as cancelled, or abandoned, these 3rd party fees may change from time to time depending on the 3rd party. Reference www.Stripe.com for the fee schedule for connected accounts.
o LocalServes App reserves the right to charge a Technology Fee for each order placed. The Technology Fees may change from time to time without notice.
o LocalServes App reserves the right to charge a reasonable Account Maintenance Fee which is charged to the first order of each month. If no orders are placed in a given month, no Account Maintenance Fees are charged. The Account Maintenance Fees may change from time to time without notice.
o The Business is responsible for any associated fees related to orders marked ‘Cancelled’ on the LocalServes App either by the business or by the LocalServes App Admin.
o The Business is responsible for any associated fees related to orders marked ‘Completed’ on the LocalServes App either by the Business or by the LocalServes App Admin.
o The 3rd Party Stripe Fees are non-refundable for any order including ‘Cancelled’ orders. The Business understands and agrees that the fee associated with cancelled orders will be deducted from the Business’ Stripe balance or future orders placed using the LocalServes App.
o If an account is terminated for any reason, the Business understands and acknowledges that they are responsible for paying all pending fees and 3rd party fees associated with their Business account within 30 days. LocalServes under no circumstances will be held liable for such fees. Failure of the Business to pay these fees to the 3rd party within 30 days grants the LocalServes App and/or the 3rd party full rights to legal arbitration.
Orders and Order Statuses
1 Businesses understand that they are responsible for monitoring, confirming, and timely processing and fulfilling orders placed on the LocalServes App in accordance with the Business’ Core Responsibilities listed in the LocalServes App Selling Policy.
2 Businesses understand that they are responsible for contacting the customer to confirm the order details prior to preparing the food item(s), especially for large orders.
3 Ensure timely and accurate updates to the order statuses are made within the LocalServes
App. Statuses include:
o Received
o Preparing
o Ready
o Completed
o Cancelled
4 Businesses understand that they are responsible for managing all order statuses and notes.
5 Businesses are responsible for any notes added to each order. Notes must not contain any defamatory, derogatory, or otherwise inappropriate information as this is a violation of the LocalServes App Terms and can lead to immediate deactivation or removal from the LocalServes App.
6 Businesses understand that the LocalServes App does not offer delivery services and is not responsible for delivery orders in any way.
Completed Orders, Cancellations, Pay Outs, and Refunds
Completed Orders
1 Businesses will timely prepare the items on each order and mark orders as ‘Ready’ only when all items included in a single order is prepared and in the ready to eat state as described by the Business on the LocalServes App at the time the Customer placed the order.
2 After a Customer receives their ordered item(s), the Business will timely mark the order as ‘Complete’ in the LocalServes App to initiate the funds transfer.
o When an order has been marked ‘Complete’ in the LocalServes App whether by the Business or by the LocalServes App Team, the Business understands that the status of the order can no longer be changed within the LocalServes App.
o Thus, any accidental completed orders, cancellation requests or orders deemed cancelled or abandoned where a refund is required after an order has been marked as ‘Completed’, must be handled manually by the Business at their location whether by issuing a refund to the Customer at their Point-of-Sale system or any other acceptable means.
o When an order has been marked ‘Cancelled’ in the LocalServes App whether by the Business or by the LocalServes App Team, the Business understands that the status of the order can no longer be changed within the LocalServes App.
Cancellations
1· Businesses understands and agree that 3rd party fees (i.e. Stripe) are automatically assessed to each order placed in the LocalServes App including orders with a status of ‘Cancelled’ and acknowledge that the Business is responsible for all associated Stripe fees assessed to orders for their Business
2· The Business understands and agrees that all Stripe fees are non-refundable and the LocalServes App does not manage these fees nor receive any proceeds or incentives from the Stripe fees collected.
3· Upon a Customer requesting a cancellation of an order, the Business agrees to follow all local, state, or federal laws, rules, and regulations regarding cancellations and refunds when determining whether a refund is due to the Customer. The Business may deny order cancellation requests depending on the status of the order and/or circumstances leading up to the cancellation.
4· A Business may cancel an order for any reason provided the Business is within its legal rights according to the law. In the event of a business cancelling an order in the LocalServes App, a full refund will be issued to the Customer’s initial form of payment within 5 to 7 business days.
5· For orders deemed cancelled, the Business agrees to timely mark the order as ‘Cancelled’ on the LocalServes App to initiate a refund to the Customer.
Payouts
* The Business agrees to all of the Payout Terms below:
o The Business is responsible for providing complete and accurate information to receive payment when adding or updating their banking information under the Merchant Account on the LocalServes App. The Business acknowledges and understands that the LocalServes App is not responsible for any losses incurred by the Business for providing any inaccurate information, including, but not limited to bank information, routing number, account number, etc.
o The Business will receive an automatic transfer of the appropriate funds for the 1st order (Order Amount, less Technology Fee, less 3rd party fees, less any other due fees owed to LocalServes or the 3rd party) within 7 to 10 business days. Refer to Stripe Connect accounts policy and terms at www.Stripe.com
§ For any consecutive orders marked as ‘Complete’ in the LocalServes App, the Business will receive an automatic transfer of the appropriate funds (Order Amount, less Technology Fee, less 3rd party fees, less any other due fees owed to LocalServes or the 3rd party) within 3-5 business days per our 3rd parties’ Terms and Conditions with the exception of the 1st order.
o For each month where a payout is initiated and/or paid out to a Business, a reasonable Account Maintenance Fee will be assessed which is automatically deducted from the first order of each month and is non-refundable. For any changes to the Account Maintenance Fee, Businesses will be notified by the LocalServes App.
Discounts
1 Businesses agree to not issue any discounts or discount codes that are disrespectful, racist, defamatory, derogatory, or otherwise inappropriate or discriminatory as determined by the LocalServes App.
2 Businesses understand it is their responsibility to safeguard and monitor the issuance of discount codes.
3 Businesses understand and agree that the LocalServes App is not responsible nor accountable for any inaccuracies or losses incurred from discount codes used on the LocalServes App.
4 The Business agrees to honor any discount for orders placed to their Business on the LocalServes App.
Reviews
1 Businesses agree to not participate in writing reviews of their own Business or competitor Businesses in the same category.
2 Businesses agree to not solicit reviews either for their own Business or for any other Business whether positive or negative in nature.
3 Businesses agree to not pay for reviews whether monetary or non-monetary.
4 Businesses agree to not use chatbots or other AI tools to create reviews.
5 Businesses understand that they have the ability to respond to reviews and must comply with the Terms which includes, but is not limited to the use of any falsified content, intentionally misleading, defamatory activities, violations of any third-party rights (including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights), unlawful content (including abusive, illegal, derogatory or hate dialogue), pornographic material, exploitation of minors, or support of any other violators.
Terminated and Deactivated Accounts
* In the event LocalServes App deactivates your Business account or terminates your Business account, the Business agrees to the following:
* The Business will issue a full refund to its Customers for all non-complete or non-cancelled orders at the time of deactivation or termination.
* For orders marked ‘Complete’, but not yet handed over to the customer, the Business is responsible for preparing and making sure the customer received the order as agreed at the time of checkout.
* For any deactivated or terminated accounts on the LocalServes App, the LocalServes App Team has the discretion to mark all open orders as ‘Cancelled’ which may generate fees being owed to the 3rd party and the Business must remit these payments to the 3rd party within 30 days. Failure to do so can result in legal action either on behalf of the LocalServes App or the 3rd party.
* If an account is deactivated or terminated for any reason by the Business or by LocalServes App, the Business understands and acknowledges that they are responsible for paying all pending fees and 3rd party fees associated with their Business account within 30 days. LocalServes under no circumstances will be held liable for such fees. Failure of the Business to pay these fees to the 3rd party within 30 days grants the LocalServes App and/or the 3rd party full rights to legal arbitration.
Reports
1 Business users may use reports in the LocalServes App as a reference for all order information.
2 LocalServes App is not responsible for any miscalculations, inaccuracies, or malfunctions. For any issues regarding the LocalServes App where the platform is not performing as intended due to software glitches, technical issues, bugs, account access, 3rd party impacts, or other software related malfunctions, the Business can reach out to the LocalServes App Support Team via email at Support@localservesapp.com.
Order Policy and Terms for Customers
In addition to the Terms above within this document and the Privacy Policy, ALL Customers will comply with the following Order Policy and Terms for Customers. The Customer understands that any violation of any of these policies or terms can result in the LocalServes App Team taking action which may include cancellation of an order and/or deletion or deactivation of a user’s account on the LocalServes App without notice.
In accordance with the LocalServes App Terms, Agreements, and Policies as it relates to orders, Customers agree that they will:
Placing an Order
o Prior to placing any order, the Customer agrees to perform their own due diligence to certify the legitimacy of a Business.
o The Customer understands and agrees that any issues with the exception of software issues should be directed to the Business.
o The Customer relieves the LocalServes App of any liability for any issues or losses incurred as a result of placing an order on the LocalServes App whether the Business is verified or not verified.
§ Verified Business accounts means that LocalServes made contact with a person who has proper legal authority to represent the business. This is not an endorsement, recommendation, nor does it indicate a direct partnership between the LocalServes App and the Business.
Credit Card
o A Customer agrees and understands that they must use their own payment method which they own or have full legal authority to use to place orders on the LocalServes App, including, but not limited to credit cards, debit cards, gift cards, etc.
o Illegally using an unauthorized payment method including, but not limited to credit cards, debit cards, gift cards, etc. will be a violation of the LocalServes App’s Order Policies. Offenders will be prosecuted to the full extent of the law.
o Customers agree to storing their payment method on the LocalServes App. Reference the Privacy Policy. Customers reserve the right to remove their stored payment methods at any time, including, but not limited to credit cards, debit cards, gift cards, etc.
Order Statuses
o After an order is placed, Customers agree to receive inquiries or other communications regarding the order details and status including, but not limited to emails, notifications, calls, texts, etc.
o Customers acknowledge that they are responsible for monitoring all forms of communication with regard to the order placed.
o Customers acknowledge that they are responsible for timely picking up their order(s) once the order(s) have been marked as ‘Ready’.
o Customers acknowledge that they are responsible for contacting the Business in the event of a dispute, cancellation request, changes, refunds, etc.
o Customers acknowledge that they are not able to change the status of an order directly within the application.
o Customers acknowledge that they are responsible for immediately contacting the business for any changes or cancellations due to any reason.
§ The Business may deny order cancellation requests depending on the status of the order and/or circumstances leading up to the cancellation and should follow all local, state, or federal laws, rules, and regulations regarding cancellations and refunds when determining whether a refund is due to the Customer.
o Customers acknowledge that a Business may cancel an order for any reason provided the Business is within its legal rights according to the law. In the event of a business cancelling an order in the LocalServes App, a full refund will be issued to the Customer’s initial form of payment within 5 to 7 business days.
o When an order has a status of ‘Complete’ in the LocalServes App, the Customer understands that the status of the order can no longer be changed within the LocalServes App. Thus, any accidental completed orders, cancellation requests or orders deemed cancelled or abandoned where a refund is required after an order has been marked as ‘Completed’, must be handled manually by the Business at their location whether by issuing a refund to the Customer at their Point-of-Sale system or any other acceptable means.
Age Restricted Items
o Customers acknowledge and understand that Businesses may list items that have age restrictions and the applicable local, state, and federal laws will apply for all order types – pick-up, dine-in, and curbside
Customer Reviews
1 Customers agree to not participate in writing reviews of their own Business or competitor Businesses in the same industry.
2 Customers agree to not solicit reviews either for their own Business or for any other Business whether positive or negative in nature.
3 Customers agree to write honest, unbiased, and objective reviews.
4 Customers agree not to accept payment for any reviews whether monetary or non-monetary.
5 Customers agree not to use chatbots or other AI tools to create reviews.
6 Customers understand that all reviews must comply with the Terms which includes, but is not limited prohibited use of any falsified content, intentionally misleading, defamatory activities, violations of any third-party rights (including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights), unlawful content (including abusive, illegal, derogatory or hate dialogue), pornographic material, exploitation of minors, or support of any other violators.
Reports
1 Customers may use reports in the LocalServes App as a reference for all order information.
2 LocalServes App is not responsible for any miscalculations, inaccuracies, or malfunctions.
Potential Disruption of Service
* For any issues regarding the LocalServes App where the platform is not performing as intended due to software glitches, technical issues, bugs, account access, 3rd party impacts, or other software related malfunctions, the Customers can reach out to the LocalServes App Support Team via email at Support@localservesapp.com.
LocalServes App
Cypress, TX 77443, U.S.A.
Privacy Policy - https://www.localservesapp.com/privacy-policy.php
Terms and Conditions - https://www.localservesapp.com/terms-conditions.php
Merchant Terms and Conditions -https://www.localservesapp.com/merchantpolicy.php
LinkedIn - https://www.linkedin.com/company/localservesapp/
Facebook - https://www.facebook.com/LocalServes/
Copyright © 2023 LocalServes App
A subsidiary of Stanley and Ashley Investment Group, LLC.