Using the Service
You may use the Service to browse, locate, and order food (“Merchant Service”) offered by a Ona Menu merchant (“Merchant”). Merchants may also be referred herein as “Service Providers.”
Ona Menu DOES NOT PARTICIPATE IN THE PROVISION OF ANY MERCHANT SERVICE, AND DOES NOT REPRESENT OR ENDORSE AND WILL NOT BE RESPONSIBLE FOR: (A) THE RELIABILITY OR PERFORMANCE OF ANY SERVICE PROVIDER; (B) THE SAFETY, QUALITY, ACCURACY, RELIABILITY, INTEGRITY, OR LEGALITY OF ANY MERCHANT SERVICE; OR (C) THE TRUTH OR ACCURACY OF THE DESCRIPTION OF ANY MERCHANT SERVICE, OR OF ANY ADVICE, OPINION, OFFER, PROPOSAL, STATEMENT, DATA OR OTHER INFORMATION PROVIDED BY A SERVICE PROVIDER DISPLAYED, DISTRIBUTED, OR PURCHASED THROUGH THE SERVICE. Ona Menu DISCLAIMS ALL LIABILITY FOR THE ACTIONS, ERRORS OR OMISSIONS OF SERVICE PROVIDERS.
Verifying Merchant Details
Although Ona Menu may in some instances attempt to verify certain information provided by Merchants, Ona Menu has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Merchant.
Merchant Service Terms
Purchasing a Merchant Service
When you submit an order using a Merchant Service, you are committing to purchase that Merchant Service from the Merchant, so please review the Merchant Service description carefully before purchasing it. A Service Provider may change the pricing and availability of a Merchant Service at any time before you purchase it. A Service Provider may also post rescheduling and cancellation policies in the Merchant Service description or Merchant Service Terms that may limit your ability to reschedule or cancel the Merchant Service without penalty. Merchant Services are provided solely by the participating Merchants and Ona Menu is not offering or selling the Merchant Services. Merchant is solely responsible for the terms of all of its Merchant Services and for honouring all purchased Merchant Services that are sold through the Service. Your purchase or use of a Merchant Service constitutes acceptance of the terms and conditions stated on the specific Merchant Service. Ona Menu may make available to you various payment processing methods to facilitate the purchase of a Merchant Service. You must abide by any relevant terms and conditions or other legal agreement, whether with Ona Menu or a third party, that governs your use of a given payment processing method. Ona Menu may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Ona Menu or Ona Menu’s payment processor may charge your credit card or other form of payment that you indicate for any Merchant Service ordered, along with any additional applicable amounts (including any Taxes). “Taxes” means any duties, customs fees, or taxes (other than income tax) associated with the sale of a Merchant Service, including any related penalties or interest. You agree to pay and are solely responsible for all amounts due for your purchase of a Merchant Service, including Taxes.
Ona Menu accepts several methods of payment via Stripe.
If you do not receive a confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Ona Menu Customer Service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Ona Menu will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Refunds and Exchanges
You may have rights under the applicable Merchant’s policies to request a partial or full refund of the Merchant Service. Ona Menu does not handle refunds and is not responsible for a Merchant Service’s cancellation or refund policies Before placing an order, carefully review the entirety of your order. Without limiting the generality of the foregoing, you will not contact Ona Menu to seek a refund or exchange from Ona Menu when Ona Menu is prohibited from providing one by its Merchant, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from Ona Menu. Should you do so, your order may be canceled, and Ona Menu may, in its sole discretion, refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using Ona Menu.
Pricing and Other
If the amount you pay for an order is incorrect, regardless of whether this is because of an error in a price posted on the website or otherwise communicated to you, or you are able to order outside of a merchant's sale date, or you are able to order items that was not supposed to have been released for sale, then Ona Menu will have the right to cancel that order and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of the website or other Ona Menu operated system.
Compliance with Laws
You must comply with any and all applicable laws, including the reporting and payment of any taxes arising in connection with your use of the Service. The reporting and payment of any such applicable taxes are your responsibility.
You agree to release Ona Menu and its agents, contractors, officers and employees from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Service Provider, advertiser or other third party in connection with the Service. You agree that you will not involve Ona Menu in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Service Provider, advertiser or other third party in connection with the Service. If you attempt to do so, you will pay all costs and attorney’s fees of Ona Menu and will provide indemnification as set forth below. However, nothing in these terms will constitute a waiver of any rights, claims, or defenses that you may have with respect to a payment transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or Electronic Fund Transfer Act. If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
These Additional Terms will continue to apply until terminated by either you or Ona Menu as set out in this paragraph. If you want to terminate these Additional Terms, you may do so by ceasing your use of the Service and any purchased Merchant Services. Ona Menu may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Additional Terms or other policies Ona Menu may establish from time to time. Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, Ona Menu has the right to prohibit your access to the Service and to refuse future access to the Service by you. Those provisions that by their nature should survive termination of these Additional Terms will survive any termination of these Additional Terms.