We are pleased to offer you access to our smart phone application (the “App”) and/or our website, https://texascorral.net, through which we offer a proprietary service (“Our Delivery Service”) designed to connect customer users of the App (“Customers”) interested in placing orders for food, groceries, beverages and other products and services from Texas Corral. The term “you” refers to a Customer end user of Our Delivery Service.
By installing the App, or using Our Delivery Service, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.
You are only authorized to use the App and Our Delivery Service if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should not install the App and should discontinue use of the App and the Our Delivery Service immediately.
Subject to the terms and conditions of this Agreement, during the Term, Texas Corral: (a) will provide you with access to the Our Delivery Service, and (b) hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the App on a smart phone, tablet or other mobile device that you own or control.
You represent and warrant that (a) you have read and understand this Agreement, (b) you are 18 years of age or older, (c) the information that you provide to us about you or your account in connection with the Our Delivery Service will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.
This Agreement applies to your use of the Our Delivery Service as a Customer.
As a Customer, you agree that you will: (i) as a condition to placing an order via the Our Delivery Service, link your Texas Corral account with a valid credit card, debit card and/or other authorized payment method (“Payment Method”), (ii) pay for the orders that you place via the Our Delivery Service, and (iii) comply with all applicable laws at all times. You agree to keep your Payment Method information current at all times while using the Our Delivery Service (such as your card number and expiration date). Additionally, you may add more than one Payment Method per account. If you add more than one Payment Method, you may have the option to designate one as a primary Payment Method.
Customer acknowledges that each Employee retains total and complete discretion as to the Employee’s provision of services.
You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to Our Delivery Service, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Our Delivery Service, or any part of Our Delivery Service, or (c) use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity. You may not exploit the Our Delivery Service in any unauthorized or unlawful way. You will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding Texas Corral. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.
We reserve all rights in and to Our Delivery Service and all related intellectual property not expressly granted under this Agreement. “Texas Corral” and all associated logos displayed within the Our Delivery Service are our trademarks (unless otherwise noted). If you submit comments, suggestions, or other feedback regarding Our Delivery Service (“Feedback”), you agree that we will own such Feedback and will be free to use such Feedback for any purpose.
Payment. Texas Corral does not mark up any products ordered via Our Delivery Service. When you place an order, you will be charged for the total amount of the products you purchase. In addition, we may offer deals and promotions from time to time with reduced fees and/or discounted products. You hereby authorize your Payment Method to be charged for the fees associated with each order you place via Our Delivery Service. Once your order is ready for checkout, you will receive an itemized receipt for the order. You acknowledge that you will have from the time the order is placed until the end of the day to pay for the charges noted above. If you do not pay for an order by the end of the day, your Payment Method will automatically be charged (including the suggested tip amount). You acknowledge and agree that Texas Corral has the right to resubmit any charge you authorize that is declined for any reason or returned for insufficient or uncollected funds. If your primary Payment Method is not available for any reason, including without limitation because the card is declined, not valid or declined, Texas Corral reserves the right to automatically charge other Payment Methods you have on file.
Taxes. Customer acknowledges and agrees that as between Texas Corral and Customer, Customer will be responsible for bearing the cost of any sales or comparable taxes associated with orders Customer places via Our Delivery Service.
Texas Corral and certain third parties will need to communicate with you about the Our Delivery Service, including about any delivery requests you place via Our Delivery Service. AS SUCH, YOU CONSENT TO RECEIVE MESSAGES (WHETHER BY PHONE, EMAIL, TEXT MESSAGES OR PUSH NOTIFICATIONS) FROM TEXAS CORRAL, EMPLOYEES AND/OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PHONE NUMBER, EMAIL ADDRESS AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding Our Delivery Service or messages that are primarily about transactions enabled via Our Delivery Service, you will need to terminate your account. In the unlikely event you receive an unwanted or inappropriate text or other communication from Texas Corral or any Employee, you agree to promptly notify Texas Corral at https://texascorral.net/contact.php.
Our Delivery Service is not available at all times, in all languages or in all geographies. We are currently available only in select areas. Texas Corral makes no representation Our Delivery Service will achieve any particular uptime, or that Our Delivery Service is appropriate or available for use in any particular location. For example, Our Delivery Service may be available only in certain neighborhoods in a particular city. We do not guarantee that you will be able to place orders with any particular restaurant via Our Delivery Service. You use Our Delivery Service at your own initiative and are responsible for compliance with any applicable laws in connection with your use of the Our Delivery Service. Texas Corral may also impose limits on the use of or access to Our Delivery Service as required by law. Use of Our Delivery Service is void where prohibited.
This Agreement is effective upon our acceptance after you indicate your assent and provide any required information to initiate your account and will continue until terminated by either you or us. Your right to use or access Our Delivery Service will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease. All other rights and obligations shall be of no further force or effect.
Acknowledgments Regarding Marketplace Providers. You understand that this Agreement is between you and Texas Corral and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace and that Texas Corral (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or Our Delivery Service or your use thereof infringes intellectual property rights.
This section is important – please read it carefully. It limits Texas Corral’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
You may not use or otherwise export or re-export Our Delivery Service or elements of it, except as authorized by United States law and the laws of the jurisdiction in which Our Delivery Service was accessed or obtained. You also agree that you will not use Our Delivery Service for any purposes prohibited by applicable law. Our Delivery Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
We may change the terms of this Agreement from time to time.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.
We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.
This Agreement, and the documents we reference in this Agreement, is the entire agreement between Texas Corral and you regarding Our Delivery Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, contact us at https://texascorral.net/contact.php
Last updated: June 17th, 2020