Last edited July 10 2018 – 26 Shawwal 1439
This agreement – the “Agreement” is made and entered between you “Contractor” or “you”, an independent Contractor engaged in the business of performing delivery services, and onehalal.co .
IMPORTANT: PLEASE NOTE THAT TO USE THE onehalal.co WEB/MOBILE PLATFORMS AS A CONTRACTOR, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY DIGITALLY SIGNING THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT.
onehalal.co provides a mobile app and web-based technology platform that connects customers & halal eateries, retail stores, manufacturers, distributors, producers, with independent contractors to facilitate on-demand logistic/delivery services – the “onehalal.co web/mobile platform”. Through the onehalal.co web/mobile platform customers may request that merchandise or food be delivered to them from particular retail stores, manufacturers, distributors, producers, and eateries. Independent Contractors can access the onehalal.co web/mobile platform and receive Delivery Opportunities. onehalal.co web/mobile platform is not a eatery, retail store, manufacturer, distributor, producer, food delivery service, merchandise delivery service, or food preparation entity.
Contractor is a fully-licensed, independent provider of delivery services, authorized to conduct the delivery services contemplated by this Agreement in the geographic location(s) in which Contractor operates. Contractor is in lawful possession of all equipment (including a motor vehicle or bicycle, if applicable) necessary to perform the delivery services contemplated by this Agreement in accordance with all applicable laws. Contractor desires to enter into this Agreement for the right to access the onehalal.co web/mobile platform to receive delivery opportunities made available through the onehalal.co web/mobile platform. When performing services pursuant to the terms of this Agreement, Contractor understands and expressly agrees that Contractor is not doing so as an employee of onehalal.co, any Merchant, or customer. Contractor understands, Contractor is free to select those times Contractor wishes to be available on the onehalal.co web/mobile platform to receive delivery opportunities and to select only those deliveries Contractor wishes to select.
In consideration of the above recitals and the mutual promises below, and for other good and valuable consideration, onehalal.co and Contractor (collectively “the Parties”) agree as follows:
1 – Agreement
a. This Agreement governs the entire relationship between onehalal.co and Contractor, and establishes the Parties’ respective rights and obligations applicable to the “Delivery Opportunities” (as defined in Section 3 – Deliveries 1. below) made available to Contractor through the Web/Mobile Platform. In exchange for the promises contained in this Agreement, Contractor shall have the contractual right and obligation to perform those Delivery Opportunities that Contractor accepts (“Deliveries”, defined in Section 3 – Deliveries 1. below). Except as expressly stated in Section 12 – Term and Termination of Agreement below, nothing in this Agreement requires Contractor to perform any particular Delivery during the Term of this Agreement, and nothing in this Agreement shall guarantee Contractor any particular volume of Delivery Opportunities or Deliveries for any particular time period.
b. Per the Terms of this Agreement, Contractor shall be contractually bound to complete the Deliveries in accordance with any specifications provided by the customer and/or Merchant (as defined in Section 3 – Deliveries 1. below).
2 – Contractor’s Services
Contractor agrees and represents that Contractor is an independent provider of delivery services, and that Contractor satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent contractor, Contractor shall be solely responsible for determining how to lawfully perform Deliveries.
Contractor agrees to fully perform all Deliveries accepted in a timely, efficient, safe and lawful manner. onehalal.co shall have no right to, and shall not, supervise, direct or control Contractor, or control the manner or prescribe the method Contractor uses to perform Deliveries, and the general public and all governmental agencies regulating the activities contemplated by this Agreement shall be so informed. Contractor shall be solely responsible for determining the most effective, efficient, satisfactory, and safe manner to perform Deliveries, including determining the manner of pickup, delivery, and route selection. The Parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in onehalal.co have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof and/or to ensure the safety of the Web/Mobile Platform for all users.
Contractor expressly acknowledges and agrees that as a separately established provider of delivery services, Contractor retains the right to perform services for others and to hold itself out to the general public as a separately established provider of delivery services. Nothing in this Agreement shall prevent Contractor or onehalal.co from engaging in similar arrangements or business with others. onehalal.co neither has nor reserves the right to restrict Contractor at any time from performing delivery services for other entities, or customers, even should such business directly compete with onehalal.co . Provided Contractor can meet the customer’s specifications, and unless prohibited by law, nothing in this Agreement shall prohibit Contractor from carrying and/or delivering goods for other(s) of Contractor’s customers at the same time while delivering orders requested by customers through the onehalal.co Web/Mobile Platform. Similarly, Contractor is not limited in any way from being actively logged onto online web/mobile platforms other than the onehalal.co Web/Mobile Platform while actively logged onto the onehalal.co Web/Mobile Platform, subject only to the limitation that Contractor’s use of other online platforms may not prevent Contractor’s ability to timely, efficiently and safely complete any Deliveries Contractor has accepted through the onehalal.co Web/Mobile Platform.
Contractor agrees that to ensure the safety of the onehalal.co Web/Mobile Platform, onehalal.co shall require that Contractor submit to and pass a background check before Contractor receives access to the onehalal.co Web/Mobile Platform or is given continued access to the onehalal.co Web/Mobile Platform. Contractor agrees that, in accordance with applicable law and at onehalal.co sole discretion, periodically during the term of this Agreement (as defined in Section 12 – Term and Termination of Agreement below) onehalal.co may require that Contractor submit to and pass additional background check(s). onehalal.co agrees that any such check(s) may be conducted only with Contractor’s consent (as applicable) and in accordance with applicable law.
On occasion, onehalal.co may offer Contractor different promotions or referral programs. Contractor agrees not to abuse or manipulate the referral programs or promotions. Contractor understands that any abuse or manipulation constitutes a material breach of this Agreement and may lead to deactivation.
3 – Deliveries
1. While Contractor is actively logged onto the onehalal.co Web/Mobile Platform, the onehalal.co Web/Mobile Platform will, from time to time, notify Contractor of the opportunity to complete deliveries from halal eateries, retail stores, manufacturers, distributors, producers, to customers as ordered by customers through the Web/Mobile Platform (each, a “Delivery Opportunity”). With respect to each Delivery Opportunity accepted by Contractor (a “Delivery”), Contractor agrees to retrieve the order from eateries, retail stores, manufacturers, distributors, producers locations, (collectively “Merchants”) and deliver the order to customers in a timely manner. Contractor understands that the customer, not onehalal.co, determines the content of the Delivery. Contractor understands that onehalal.co shall have no right to, and shall not, supervise, direct, or control the manner or prescribe the method Contractor uses to perform the Delivery. Contractor understands and agrees that the parameters of each Delivery are established by the customer, not onehalal.co, and represent the end result desired, not the means by which Contractor is to accomplish the end result.
2. Contractor agrees that onehalal.co has discretion regarding which, if any, Delivery Opportunities to offer Contractor, just as Contractor has the discretion whether and to what extent to accept any Delivery Opportunity.
3. Contractor agrees that onehalal.co may provide Contractor with a prepaid debit card that Contractor will use to complete certain Deliveries. Notwithstanding any other provision of this Agreement, any unauthorized use of this prepaid debit card will be considered theft and/or fraud, and may lead to deactivation of Contractor’s account. If Contractor loses the prepaid debit card, Contractor will report the loss to onehalal.co immediately at firstname.lastname@example.org
4. Contractor authorizes onehalal.co, during the course of a Delivery, to communicate with Contractor, customer and/or Merchant to assist Contractor, to the extent permitted by Contractor, in facilitating deliveries. However, under no circumstances shall onehalal.co be authorized to control the manner or means by which Contractor performs a Delivery.
5. In the event Contractor fails to fully perform any Delivery due to Contractor’s action or omission (a “Service Failure”), onehalal.co reserves the right to recover any costs incurred by onehalal.co related to the Service Failure. If Contractor fails to complete a return of any item that cannot be delivered (a “Return Failure”), onehalal.co reserves the right to recover any costs incurred by onehalal.co related to the Return Failure. If Contractor disputes responsibility for a Service Failure or Return Failure, the dispute shall be resolved pursuant to the “Payment Disputes” provision in Section 5 – Payment Disputes.
4 – Delivery Fees
A. Contractor agrees to receive a delivery fee paid through the onehalal.co Web/Mobile Platform in exchange for each Delivery completed. onehalal.co agrees to use its best efforts to establish delivery fees for each locality and time slot that will maximize the Delivery Opportunities available to Contractor. Contractor will receive notice of how delivery fees are calculated prior to accepting Delivery. Contractor understands that delivery fees paid through the Platform may vary depending on customer demand. onehalal.co may, but is not obligated to, offer Contractor additional incentives to complete particular Delivery Opportunities.
B. onehalal.co agrees to transmit delivery fees to Contractor via direct deposit no later than seven (7) days after Contractor successfully completes the related Delivery through the Platform. Contractor is responsible for any applicable processing fees associated with such remittance.
C. Nothing in this Section 4 – Delivery Fees is intended to limit the Parties’ ability during the Term of this Agreement (as defined in Section 12 – Term and Termination of Agreement below) to mutually agree to a payment structure different than that described herein.
5 – Payment Disputes
1. Contractor’s Failure: In the event there is a Service Failure, Contractor may forfeit all or a portion of the fee relating to that Delivery (depending on the extent of the performance failure). Any reduction in the delivery fee shall be based upon proof provided by the customer, Merchant, Contractor, and any other party with information relevant to the dispute. onehalal.co shall make the initial determination as to whether a Service Failure was the result of Contractor’s action/omission and, if so, what percentage of fault Contractor shall bear (and, therefore, what percentage of the delivery fee Contractor shall be paid). Contractor shall have the right to challenge onehalal.co’ determination as described in the provisions set forth in Sections 11 – Mutual Arbitration Provision and 12 – Term and Termination of Agreement below.
2. onehalal.co’ Failure: In the event onehalal.co fails to remit payment of delivery fees in a timely or accurate manner, Contractor shall have the right to seek proper payment by any legal means contemplated by this Agreement, provided, however, Contractor first informs onehalal.co in writing of the failure and provides a reasonable opportunity to cure it.
6 – Contractor’s Equipment
a – Contractor certifies that Contractor has all equipment, including motor vehicles, scooters, bicycles, trucks, trailers – when applicable (“Equipment”) necessary to perform Deliveries. When Contractor uses a motor vehicles, scooter, bicycle, truck, trailer to perform a Delivery, Contractor is solely responsible for ensuring that the motor vehicles, scooter, bicycle, truck, trailer used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability by city and state.
b – Contractor is responsible for all costs and expenses arising from Contractor’s performance of Deliveries, including, but not limited to, traffic tickets, tolls, parking fees, inspections, and any other costs related to Equipment.
7 – Relationship of Parties
1 – The Parties acknowledge and agree that this Agreement is between independent businesses that are separately owned and operated. The Parties intend this Agreement to create the relationship of principal and independent Contractor and not that of employer and employee. The Parties are not employees, agents, joint venturers or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
2 – For a Contractor who earns the minimum income established by the Internal Revenue Service, onehalal.co shall report all payments made to Contractor on a calendar year basis using an applicable form. Contractor agrees to report all such payments to the appropriate federal, state, and local authorities.
8 – Insurance
a – As a condition of doing business with onehalal.co, and at Contractor’s own expense, Contractor shall, during the Term of this Agreement (as defined in Section 12 – Term and Termination of Agreement below), maintain current insurance of the types and in the amounts required by law in the jurisdiction in which Contractor operates to perform Contractor’s services as contemplated by this Agreement. This includes, but is not limited to, motor vehicles, scooters, bicycles, trucks, trailers insurance that satisfies the minimum motor vehicles, scooters, bicycles, trucks, trailers insurance coverage amounts and types required by state or local law. onehalal.co may offer Contractor the opportunity to participate in certain group insurance plans made available by third party providers to delivery service providers like Contractor who use the onehalal.co Web/Mobile Platform. However, Contractor is under no obligation to participate in such plans.
b – Contractor is solely responsible for conducting the appropriate research and consultation necessary to determine the insurance types and amounts Contractor must maintain. Contractor acknowledges that Contractor’s failure to secure or maintain satisfactory insurance coverage, including but not limited to vehicle insurance if applicable, shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement, the loss of Contractor’s right to receive Delivery Opportunities, and deactivation of the Contractor’s account on the onehalal.co Web/Mobile Platform.
c – Workers’ Compensation/Occupational Accident Insurance: Contractor agrees that Contractor will not be eligible for workers’ compensation benefits through Postmates, and instead, will be responsible for providing Contractor’s own workers’ compensation insurance or occupational accident insurance, if permitted by law.
d – Notification of Coverage: Contractor agrees to deliver to onehalal.co , upon request, current certificates of insurance as proof of coverage. Contractor agrees to make available updated certificates each time Contractor purchases, renews, or alters Contractor’s insurance coverage. Contractor agrees to give onehalal.co at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement. onehalal.co reserves the right to require Contractor to identify onehalal.co as an additional insured on Contractor’s vehicle insurance.
9 – Indemnity
- Contractor agrees to indemnify, protect, and hold harmless onehalal.co, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, lawsuits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of Contractor arising from the performance of Deliveries under this Agreement, including but not limited to, personal injury to or death of any person (including Contractor), as well as any liability arising from Contractor’s failure to comply with the terms of this Agreement. Contractor’s obligations hereunder shall include the cost of defense, including attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by onehalal.co or its parent, subsidiary, and/or affiliated companies.
- Contractor agrees to indemnify, protect, and hold harmless onehalal.co, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from any and all tax liabilities and responsibilities for payment of all federal, state, and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers’ compensation premiums, and any contributions imposed or required under federal, state, and/or local laws, that are owed by Contractor with respect to Contractor’s providing delivery services through the onehalal.co Web/Mobile Platform.
- Contractor agrees to be responsible for, indemnify, and hold harmless onehalal.co , including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from all costs of Contractor’s business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state, and/or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
10 – Informal Dispute Resolution
a – To expedite resolution and reduce the cost of any dispute, controversy, or claim related to this Agreement or otherwise arising from the relationship between Contractor and onehalal.co, the Parties mutually agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration proceeding. Such informal negotiations will commence upon written notice of any dispute by either Party. Contractor’s address for such notices is Contractor’s most recent address on file with onehalal.co as provided by Contractor. onehalal.co’ address for such notices is the Logistics Support. support.onehalal.co
11 – Mutual Arbitration Provision
- Arbitration of Disputes. onehalal.co and Contractor mutually agree to resolve any disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court.
a – onehalal.co and Contractor expressly agree that this Mutual Arbitration Provision is governed exclusively by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all claims between the Parties, including but not limited to those arising out of or relating to this Agreement, the Contractor’s classification as an independent Contractor, Contractor’s provision of services under this Agreement, the delivery fees received by Contractor for performing Deliveries, the termination of this Agreement, the deactivation of Contractor’s account and all other aspects of the Contractor’s relationship with onehalal.co, past or present, whether arising under federal, state, or local law, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state, and/or local claims arising out of or relating to the Contractor’s relationship or termination of that relationship with onehalal.co. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event Contractor and/or onehalal.co are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which the Contractor performs services shall apply.
b – Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision. However, as stated in Section 11 – 2. d – below, the preceding clause shall not apply to the Class Action Waiver and Representative Action Waiver.
- BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM AS DESCRIBED HEREIN THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.
a – If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include:
- the name and address of the party seeking arbitration,
- a statement of the legal and factual basis of the claim, and
- a description of the remedy sought. Any demand for arbitration by Contractor must be delivered to onehaal.co Attn: Legal Department, 3100 Brighton 3rd Street, 4L, Brooklyn, NY 11235.
b – CLASS ACTION WAIVER—PLEASE READ. onehalal.co and Contractor mutually agree that any and all disputes or claims between the parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive their right to have any dispute or claim brought, heard or arbitrated as a class and/or collective action, or to participate in any class and/or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class and/or collective action (“Class Action Waiver”).
c – REPRESENTATIVE ACTION WAIVER — PLEASE READ. onehalal.co and Contractor mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, or to participate in any representative action, and an arbitrator shall not have any authority to arbitrate a representative action (“Representative Action Waiver”).
d – Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), any claim that all or part of this Class Action Waiver and/or Representative Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.
e – Contractor agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Contractor’s status as an independent Contractor in fact and in law. Contractor further agrees that when performing Services pursuant to the terms of this Agreement, Contractor is not doing so as an employee of onehalal.co, a Merchant, or a customer. Contractor further agrees that any disputes in this regard shall be determined exclusively by an arbitrator.
f – Any arbitration shall be governed by the AAA Rules, except as follows:
- The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute;
- onehalal.co shall pay the arbitrator’s and arbitration fees and costs, unless applicable law requires otherwise. Notwithstanding applicable law to the contrary, onehalal.co shall pay the arbitrator’s and arbitration fees and costs related to any payment dispute (see Section 5 – Payment Disputes above);
- The arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;
- Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable;
- The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;
- The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law;
- onehalal.co or Contractor may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 11 – Mutual Arbitration Provision may be rendered ineffectual.
g – Regardless of any other Terms of this Agreement, nothing prevents Contractor from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 11 – Mutual Arbitration Provision, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration. onehalal.co will not retaliate against Contractor for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. https://www.nlrb.gov/rights-we-protect/whats-law/employers/interfering-employee-rights-section-7-8a1
i – Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of Contractor’s contractual relationship with onehalal.co, and therefore Contractor may submit a statement notifying onehalal.co that Contractor wishes to opt out of this Mutual Arbitration Provision. In order to opt out, Contractor must notify onehalal.co of Contractor’s intention to opt out by filling out and submitting this Opt-Out Form http://eepurl.com/dr8FOT stating Contractor’s Company Title, website, location (if applicable), first and last name, email address, cell phone #, residence address, and intention to opt out or by submitting a signed and dated statement on an “Opt Out Form” that can be obtained from and returned to onehaal.co Attn: Legal Department, 3100 Brighton 3rd Street, 4L, Brooklyn, NY 11235 or by submitting to onehaal.co Attn: Legal Department, 3100 Brighton 3rd Street, 4L, Brooklyn, NY 11235 a written notice stating that you are opting out of this Mutual Arbitration Provision. In order to be effective, Contractor’s opt-out notice must be provided within thirty (30) days of Contractor’s digital execution of this Agreement. If Contractor opts out as provided in this subparagraph, Contractor will not be subject to any adverse action as a consequence of that decision and may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Contractor does not opt out within thirty (30) days of Contractor’s execution of this Agreement, Contractor’s failure to do so shall constitute mutual acceptance of the terms of this Mutual Arbitration Provision by onehalal.co and Contractor.
Contractor’s decision to opt out of this Mutual Arbitration Provision will relieve Contractor only of Contractor’s obligation to arbitrate the disputes specified in this Mutual Arbitration Provision, and does not relieve Contractor of any obligation to arbitrate disputes not specified in this Mutual Arbitration Provision that might arise under any onehalal.co Terms of Service to which Contractor may be bound as a customer. Similarly, Contractor’s decision to opt out of another arbitration provision contained in any other agreement shall not relieve Contractor’s obligation to arbitrate disputes pursuant to this Mutual Arbitration Provision.
Contractor acknowledges and agrees that if onehalal.co modifies any provision of this Agreement other than this Mutual Arbitration Provision, Contractor will not have a renewed opportunity to opt out of arbitration. Contractor further acknowledges and agrees that if onehalal.co modifies the addresses for delivery or electronic mailing of opt-out or other notices identified in this Mutual Arbitration Provision, Contractor will not have a renewed opportunity to opt of arbitration. If, however, onehalal.co modifies any provision of this Mutual Arbitration Provision other than the addresses for delivery or electronic mailing of opt-out or other notices, Contractor will have a renewed opportunity to opt out of arbitration. In such circumstances, the 30-day opt out period will begin to run upon Contractor’s digital execution of the modified Agreement. Changes to any information referenced at hyperlinks from the Agreement or Mutual Arbitration Provision shall not create a renewed opportunity to opt-out.
j – Right To Consult With An Attorney: Contractor has the right to consult with private counsel of Contractor’s choice, at Contractor’s own expense, with respect to any aspect of, or any claim that may be subject to this Mutual Arbitration Provision.
k – In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which:
- the dispute is filed as a class, collective, or representative action and
- there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration.
12 – Term and Termination of Agreement
a – This Agreement shall remain in full force and effect for a term of one (1) year from the date it is accepted by Contractor and may not be terminated early without penalty except in the following limited circumstances:
- Upon the mutual written consent of the Parties hereto (with electronic communication satisfying this requirement), with the mutually agreed-upon termination date stated in the written notice.
- By onehalal.co, upon thirty (30) days’ written notice to Contractor, if Contractor has not performed a delivery for a period of at least four 4 months (with electronic communication satisfying this requirement), with the date of transmission commencing the thirty (30) day period.
- By onehalal.co, in the event of an anticipated change in control or cessation of its operations in Contractor’s market, upon thirty (30) days’ written notice to the Contractor (with electronic communication satisfying this requirement), with the date of transmission commencing the thirty (30) day period.
- If one party has materially breached the Agreement, immediately upon written notice to the breaching party (with electronic communication satisfying this requirement), with such notice specifying the breach relied upon. In the case of a material breach by Contractor, and upon written notice, onehalal.co may deactivate Contractor’s account.
b – The following acts and/or occurrences shall constitute a material breach of this Agreement:
- Failure by Contractor to maintain current insurance coverage in the amounts and types specified herein or as required by law.
- Failure by onehalal.co to remit to Contractor all delivery fees for completed Deliveries within thirty (30) days of the customer’s payment.
- Failure by Contractor to maintain the minimum customer star rating applicable in Contractor’s market as of the date Contractor accepts this agreement.
- Failure by Contractor to complete a Delivery without waiver of the obligation by the customer or onehalal.co.
- Failure by Contractor to maintain all licenses, permits, authorities, registrations and/or other prerequisites to operate that are required by law and/or this Agreement.
- Any act by a Party that causes the other party to violate its obligations under any applicable state, federal or local law.
- Documented complaint by a customer, employee of onehalal.co, or employee of a Merchant that Contractor has engaged in conduct that a reasonable person would find physically threatening, highly offensive or harassing.
- Documented illegal or destructive acts, including but not limited to fraud or theft, engaged in by Contractor.
- Failure by Contractor to provide services in a manner consistent with onehalal.co’ effective operation of the onehalal.co Web/Mobile Platform.
c – Early termination of this Agreement by onehalal.co without proper notice (as established in subsection a – above) shall result in liquidated damages of $100.00 for each day that notice is not properly provided to Contractor, up to a maximum amount of $500.00. The Parties acknowledge that liquidated damages are appropriate because actual damages are not reasonably ascertainable.
d – A party that receives notice of termination must continue to fulfill its obligations under this Agreement for the entire notice period. Failure to perform shall constitute early termination and shall subject the party to the liquidated damages provision in subparagraph c – above. By executing this Agreement, Contractor agrees that any liquidated damages assessed against it may be deducted from any amount Contractor is owed in delivery fees, unless otherwise prohibited by law.
e – Other than for failure to maintain the minimum customer star rating, or illegal or destructive acts, in the event Contractor disputes that he or she materially breached this Agreement, Contractor may challenge onehalal.co’ decision using the Dispute Resolution process described in Section 11 – Mutual Arbitration Provision above. In all such instances, the parties will be responsible for their own attorneys’ fees and costs, subject to any remedy to which they may be entitled under applicable law and which would otherwise be available in a court of law, but onehalal.co shall bear the Arbitrator’s and arbitration fees and costs. Notwithstanding the foregoing, as set forth below, Contractor is not precluded from asserting that applicable law requires onehalal.co to bear the Arbitrator’s and arbitration fees and costs, even for failure to maintain the minimum customer star rating, or illegal or destructive acts. In the event there is a dispute in this regard, the Arbitrator must determine the appropriate apportionment of fees at the earliest practicable time following commencement of the arbitration.
f – If not terminated, the Agreement shall be automatically renewed for successive one-year terms, unless terminated by either party as described in Sections 12 – a – and 12 – b -.
g – Contractor’s and onehalal.co’ obligations and rights arising under Section 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement shall survive termination of this Agreement and deactivation of Contractor’s account.
13 – Entire Agreement, Transferability, and Waiver
- This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. To the extent onehalal.co’ Terms of Service Agreement (as may be periodically updated) is inconsistent or conflicts with this Agreement, this Agreement controls. This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that onehalal.co may assign its rights and obligations under this Agreement to an affiliate of onehalal.co or any successor(s) to its business and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to onehalal.co shall be deemed to include such successor(s).
- The failure of onehalal.co or Contractor in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
14 – Miscellaneous
a – No Services Required. Nothing in this Agreement requires a Contractor to provide any services. Contractor may cease accepting Delivery Opportunities at any time without providing onehalal.co notice of Contractor’s intention to stop performing services.
b – Captions. Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
c – Savings Clause. Except as provided in Section 11 – Mutual Arbitration Provision, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
d – Force Majeure. The performance of the obligations of this Agreement on the part of either onehalal.co or Contractor shall be excused by reasons of closing of public highways, changes in operations, strikes or work stoppages, weather conditions that make operations unsafe or impractical, Acts of God, or the temporary or permanent cessation of business by onehalal.co or Contractor.
e – Communications. Contractor agrees that onehalal.co or its representatives may contact Contractor by email, phone, cll phone, push notifications or SMS (including by use of an automatic telephone dialing system) at the email address, phone, phone number, cell phone Contractor provides, including for marketing purposes. Contractor also agrees and understands that he or she cannot receive Delivery Opportunities and thus cannot provide services on the Platform unless SMS, email, and push notifications are enabled.
h – Terms of Service. Contractor represents and warrants that he or she has reviewed, understands and agrees to the onehalal.co Terms Of Service http://logistics.onehalal.co/terms-of-service/ and which are expressly incorporated herein by reference.
By entering into this Agreement, I represent that I understand and agree that I will perform services under this Agreement as an Independent Contractor, not an employee.
By entering into this Agreement, I represent that I have read and understand and agree to the Mutual Arbitration Provision in Section 11 – Mutual Arbitration Provision, subject to my right to opt out of said Mutual Arbitration Provision, as described above.
If you disagree with any of the terms of this Agreement, please visit the Logistics Help at Support and contact support to negotiate those terms with onehalal.co BEFORE accepting this Agreement.
By entering into this Agreement, I expressly acknowledge and agree that I have read and fully understand the provisions of this Agreement, I had sufficient time and opportunity to consult with legal and tax advisors before executing this Agreement, I am legally competent to enter into this Agreement, and I agree to be bound by this Agreement.
1 – Information You Provide to Us
1. Information Provided by Customers
- Registration and Profile Information. When you sign up for onehalal.co as a Customer, you provide your name, email address, physical address, and phone number. If you sign up using your Facebook account, we receive your name and email address. After registration, Customers can add multiple delivery addresses to their profile.
- Payment Information. When you add a payment card to your onehalal.co account, a third-party payments service provider receives your card information. To help keep your financial data secure, we never store full payment card information on our servers.
2. Information Provided by Prospective and Active Couriers, Contractors
- Sign Up Information. When you sign up to become a Courier, Contractor you provide your name, Social Security Number, date of birth, email address, physical address, phone number, cell phone number, company name, photo, driver’s license information, vehicle information, and car insurance information. We share this information with third-party providers who initiate background check reports on you. Additional information about the third parties who run the background checks is provided in Section 3 – Information We Receive from Third Parties 2. below.
- Payment Information. We receive Couriers’, Contractors Bank Account, PayPal Account and tax information to provide payment and for tax reporting purposes.
3. Information Provided by Merchants and Partners
- Profile Information. A Merchant who signs up for our Platform provides us with the business name, business website if applicable, business’s physical address/locations, hours of operation, product detailed information, halal certificate if applicable for each product & package. We also collect product information from Partners.
- Payment Information. We may receive Merchants’ Bank Account, PayPal Account information to provide payment.
4. Information Provided by All Users
- Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.
2 – Information We Collect
1. Information We Collect From Your Device With Your Permission
- Location Information When Using the Web/Mobile Platform/App. In order to facilitate on-demand deliveries, we need to know where Customers and Couriers, Contractors are located. We receive a Customer’s location information when you open the onehalal.co Web/Mobile Platform/App as well as when you place an order, to help determine the appropriate delivery address. We continuously collect location information from Couriers, Contractors who are “on duty,” in order to assist Couriers, Contractors in finding available deliveries, allow Customers to track deliveries, and other similar purposes. We also use location information for analytics purposes.
2. Information We Collect When You Use Our Web/Mobile Platform/App
- Device Information. We receive information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, unique device identifiers, and, if you register with your Facebook account, your Facebook identifier.
- Usage Information. We automatically receive information about your interactions with our Platform, such as the pages or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform, our Merchants, and our Partners.
- Call and Text Information. We work with one or more third parties to facilitate phone calls and text messages between Customers and Couriers, Contractors who are delivering the Customers’ products. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. We do not record or have access to the content of the phone calls.
- User Feedback. Customers and Couriers, Contractors can rate and review each other at the end of every delivery. Customers are able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers, but we will not identify the Customer. We may also share with Couriers their aggregate ratings.
3 – Information We Receive from Third Parties
1. Information We Receive About Customers
- Partners. If you make a purchase through one of our Partners that offers delivery via onehalal.co, we receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.
2. Additional Information We Receive About Prospective and Active Couriers, Contractors
- Background Information on Couriers, Contractors. onehalal.co works with third-party providers to perform driving record and criminal background checks on Prospective and active Couriers, Contractors, and in some instances these third parties provide Prospective and active Couriers’, Contractors records to onehalal.co as part of the background check process.
4 – How We Use Information We Collect From Users
1. Uses of Information Collected from All Users
We may use the information we collect from all Users to:
- Provide, improve, expand, and promote our Platform;
- Analyze how you use our Platform;
- Communicate with you, either directly or through one of our service providers, including for marketing and promotional purposes;
- Facilitate transactions, deliveries, and payments;
- Respond to customer support questions;
- Find and prevent fraud; and
- Respond to any issues that may arise during deliveries.
2. Additional Uses of Prospective and Active Courier, Contractor Information
Additionally, we use information from Prospective and active Couriers, Contractors for the following purposes related to the Platform:
- Determining whether to grant a Prospective Courier, Contractor access to our Platform, and
- Sending emails and text messages to Prospective and active Couriers, Contractors regarding their onehalal.co sign up, available deliveries, incentives and other opportunities, and additional information about our Platform.
3. Additional Uses of Merchant Information
Additionally, we use the information we collect from Merchants to notify them about orders, deliveries, and returns, and for other administrative and marketing purposes, including via text message, push notifications, phone calls, and emails.
5 – How onehalal.co Shares Information It Collects From Users
1. Sharing between Customers and Couriers
Once a Courier accepts a delivery request from a Customer, the Customer can see the Courier’s first name and last initial and the Courier can see whatever name the Customer provided when signing up. A Customer is also able to see a Courier’s photo. During a delivery, the Customer in some instances is able to see the Courier’s real-time location, and the Courier, Contractor is able to see the Customer’s delivery address. During a delivery, Customers and Couriers are able to call and text each other. Customer and Courier phone numbers are masked and, only in rare instances, may they be able to see the other’s phone number. As described above, Customers are able to see a Courier’s, Contractors aggregate ratings during a delivery. After a delivery, we may share feedback or comments that a Customer provides with a Courier, but we will not identify the Customer. We may also share with Couriers their aggregate ratings.
2. Service Providers
We share your information with service providers that perform services on our behalf, including all of the uses described in Section 4 – How We Use Information We Collect From Users above.
3. Advertising Partners
We work with third-party advertising service providers to show ads for our Platform that we think may interest you after you visit our Platform. These third-party service providers collect non-personally identifying information from you when you visit our Platform and other online platforms. If you do not wish to receive our personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving personalized ads from member companies.
4. Other Sharing
We may share your information with third parties in the following cases:
- Where disclosure is required or appropriate in order to comply with laws, regulations, legal process, or a governmental request;
- With law enforcement officials, government authorities, or third parties, if we think doing so is necessary protect the rights, property, or safety of onehalal.co, our Users, or the public;
- To protect the security or integrity of our Platform;
- To enforce our agreements, policies, and Terms of Service;
- To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person;
- To investigate and defend ourselves or others against any third-party claims or allegations;
- To provide information about the use of our Platform to Couriers, Merchants, Partners, or potential business partners in aggregated or de-identified form that cannot reasonably be used to identify you;
- While negotiating or in relation to a business transaction, such as a merger, sale of assets, or bankruptcy; and
- Whenever you consent to the sharing.
6 – Your Choices
Profile Information. You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us via our Support.
Location Information. While you can prevent your device from sharing location information at any time through your device’s operating system settings, Customer and Courier’s, Contractors location is core to our Platform and without it, you may not be able to successfully use our Platform.
Email Subscriptions. You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
7 – Third-Party Links
Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.
8 – Data Security
We are committed to protecting your information. Even though we take precautions to protect Users’ data, no security measures can be 100% secure, and we cannot guarantee the security of Users’ data.
9 – Children’s Privacy
onehalal.co is not directed to children, and we do not knowingly collect personal information from children’s under 15. If you believe that a child under the age of 15 has given us personal information, please contact us via our Support.
11 – Contact Information
Terms of Service
Last Updated: March 6, 2018
These Terms provide that with limited exceptions all disputes between you and onehalal.co arising out of or relating to these Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters covered by Section 17 – 3. of these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate most disputes with onehalal.co
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
onehalal.co provides a mobile app and web-based technology platform that connects consumers, halal eateries, retail stores, manufacturers, distributors, producers, with independent contractor couriers to facilitate on-demand delivery services the “Platform”. Through the Platform consumers may request that merchandise or food be delivered to them from particular retail locations or restaurants. Independent contractor couriers can access the Platform and receive delivery opportunities. onehalal.co is not a halal eateries, retail store, manufacturer, distributor, producer, food delivery service, merchandise delivery service, or food preparation entity.
onehalal.co DOES NOT PROVIDE DELIVERY SERVICES. INDEPENDENT CONTRACTORS (EACH A “COURIER”) OFFER DELIVERY SERVICES THROUGH USE OF THE SERVICE. onehalal.co OFFERS INFORMATION AND A METHOD TO OBTAIN COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER.
As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
- The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
- Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (“Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- The Service is provided “as is” without warranties of any kind, and onehalal.co’ liability to you is limited; and
- Disputes arising under these Terms will be resolved by binding arbitration.
BY ACCEPTING THESE TERMS, YOU AND onehalal.co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with onehalal.co.
1 – Account Access
You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:
- That you are at least eighteen (18) years old;
- That you have not previously been suspended or removed from the Service; and
- That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2 – Accounts and Registration
To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Support.
3 – Scope of License
The App is licensed, not sold, to you for use only under the terms of this license. onehalal.co reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, onehalal.co hereby grants you a personal, limited, revocable, non-transferable license to use the App on compatible devices that you own or control, solely for your non-commercial use.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by onehalal.co that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
4 – Payment Terms
1. General Payment Terms
You understand that the prices for menu items displayed through the Service may differ from the prices offered or published by merchants for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold. Please note that in some cases, the estimated pricing published through the Service at time of checkout may differ from the prevailing pricing; for instance, a merchant may charge more for some items than is estimated. onehalal.co reserves the right to determine final prevailing pricing of all items ordered through the Service. In cases in which prevailing pricing is different than the estimated pricing, the fees you are ultimately charged may be different than the estimate. You acknowledge and agree to pay the prevailing pricing and fees. Please visit our Support to learn more about how items are priced. onehalal.co has no obligation to itemize its costs, profits or margins when publishing prices on the Site or in the App and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on onehalal.co’ income).
Certain features of the Service, including placing orders, may require you to pay fees. onehalal.co may change, or add, fees for our Service at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate, which may be the result of any requested substitutions or the ultimate prevailing price of the items (discussed above). In some cases we may not be able to provide an estimate of the fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our Site or visit our Support periodically to learn more about how we charge for the Service.
onehalal.co will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.
Charges paid by you are final and non-refundable, except as expressly provided in Section 4 – Payment Terms – 2., and will be quoted in the local currency of the location where the order is being delivered. Except as expressly provided in Section 4 – Payment Terms – 2., onehalal.co has no obligation to provide refunds or credits, but may grant them, in each case in onehalal.co sole discretion and regardless of your decision to terminate your usage, our decision to terminate your usage, and/or any disruption caused to our Service for any reason whatsoever.
onehalal.co, in its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Service or fees charged to you. onehalal.co reserves its right to expire or modify any promotion at any time.
2. Subscription Service – ?
onehalal.co Unlimited is offered as a monthly or yearly pre-paid subscription on a per account basis.
If you sign up for the monthly subscription service, you will be charged your first monthly subscription fee on the date you purchase your subscription. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price, until you cancel your subscription or we terminate it. If you sign up for the yearly subscription service, you will be charged your first upfront, non-refundable (except as described below) yearly subscription fee on the date you purchase your subscription. Your subscription will automatically continue on a yearly basis at the then-current price, and you will continue to be charged on a yearly basis, until you cancel your subscription or we terminate it. You can find your monthly and/or yearly subscription billing date in your settings within the App.
We may change the subscription terms or fees at any time on a going forward basis in our discretion. For information on the monthly and yearly subscription fees and terms, please visit our Support.
You may cancel your subscription service at any time in your account settings or by contacting us via our Help Center. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your Unlimited services for the remainder of the your pre-paid subscription term.
We may terminate your subscription for onehalal.co Unlimited at our discretion and without any notice. If we cancel your yearly subscription for onehalal.co Unlimited, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that onehalal.co will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Service violates these Terms or has harmed another user.
3. Payment Authorization
You authorize onehalal.co to charge all sums for orders that you make and services you select to the payment method designated in your account. When you order on onehalal.co, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, you will only be charged the final order total once your order is registered as complete within the onehalal.co system, which generally occurs between 24-48 business hours after you receive your order. In the event that the pre-authorization is greater than the final amount, the difference will be returned to you after your order is completed or cancelled, which may take up to 5 business days depending on your bank.
onehalal.co also places an initial temporary pre-authorization hold on each new payment method you add to your account.
onehalal.co reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
4. Delinquent Accounts
If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us via our Support. customer
5. Customer Not Available
onehalal.co reserves the right to charge a customer the full order amount if that customer is not at the designated delivery location when the courier arrives to complete the delivery.
6. Cancelled Orders
If you cancel your onehalal.co order you may be charged depending on what stage the order was in when you cancelled. If you cancel a delivery after it has been accepted but is not yet being prepared by the merchant, you will not be charged a cancellation fee. If you cancel a delivery after a merchant has started preparing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee of up to $5. If you cancel a delivery after it is out for delivery, you will be charged the full price of the order.
7. Returned Items
If an item has to be returned for any reason, you may be subject to a non-refundable $10 return/restocking fee.
5 – Third-Party Interactions
1. Third-Party Providers
During use of the Service, you may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. onehalal.co and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall onehalal.co or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and onehalal.co disclaims any and all responsibility or liability arising from such agreements between you and a third party.
You may engage third-party Couriers through the Service to provide delivery services to you and may interact with those Couriers. Any interactions or disputes between you and a Courier are solely between you and that Courier. onehalal.co and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
3. Third-Party Advertising
The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
4. Links to Third Party Sites
The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
6 – Your Use of the Service
In order to use the Service, you agree to the following:
- The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
- You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
- Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
- You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use;
- You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
- You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent onehalal.co makes available the means for embedding any part of the Service;
- You agree not to access, tamper with, or use non-public areas of the Service, onehalal.co’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of onehalal.co’ providers;
- You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that onehalal.co is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;
- You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;
- You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service;
- You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.
7 – Consent to Use of Data
8 – Intellectual Property Ownership
The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of onehalal.co and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by onehalal.co in these Terms are expressly reserved.
9 – Feedback
You may choose to, or onehalal.co may invite you to, submit comments, bug reports, ideas or other feedback about the Service (“Feedback”). By submitting Feedback, you agree that onehalal.co is free to use such Feedback at its discretion without any obligation to you. onehalal.co may also choose to disclose Feedback to third parties. You hereby grant onehalal.co a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
10 – Communications
1. Text Messaging
By using the Services or Software, you agree that the Company and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services or Software without agreeing to receive operational text messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or service offered by Company. If you change or deactivate the phone number you provided to Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details.
2. Push Notifications
When you install our app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
4. E-SIGN Disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by contacting us via the Support with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via theSupport with contact information and the address for delivery.
11 – Indemnity
You are responsible for your use of the Service, and you agree to defend (at onehalal.co’ option) and indemnify onehalal.co and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- Any dispute or issue between you and any third party, including any Courier, restaurant or other third-party merchant
onehalal.co reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, onehalal.co may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without onehalal.co’ prior written consent.
12 – Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY onehalal.co TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. onehalal.co MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. onehalal.co DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
onehalal.co’ SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. onehalal.co IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
onehalal.co RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. onehalal.co DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.
onehalal.co DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND onehalal.co WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13 – Limitation of Liability
IN NO EVENT SHALL onehalal.co’ AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO onehalal.co IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $100, WHICHEVER IS LESS. IN NO EVENT SHALL onehalal.co AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF onehalal.co AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
THE SERVICE CONNECTS YOU TO COURIERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER SERVICES. onehalal.co WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS AND YOU EXPRESSLY WAIVE AND RELEASE onehalal.co FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS. onehalal.co WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS OR RETAILERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE onehalal.co FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. onehalal.co WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE onehalal.co FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE COURIER SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
14 – Notice
onehalal.co may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on your onehalal.co account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.
You may give notice to onehalal.co (such notice shall be deemed given when received by onehalal.co) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to onehalal.co at the following address:
3100 Brighton 3rd Street, 4L
Brooklyn, NY 11235
Attention: General Counsel
15 – Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
16 – Term and Termination of Agreement
These Terms are effective until terminated by you or onehalal.co as described below. Your rights under these Terms will terminate automatically without notice from onehalal.co if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, onehalal.co may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Service.
17 – Dispute Resolution and Arbitration
onehalal.co is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier or other third party. Disputes between a user and onehalal.co are subject to this Section 17.
In the interest of resolving disputes between you and onehalal.co in the most expedient and cost effective manner, you and onehalal.co agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND onehalal.co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to:
- Bring an individual action in small claims court;
- Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
- Seek injunctive relief in a court of law; or
- To file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and onehalal.co will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by email to email@example.com
5. Notice Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”).
onehalal.co’ address for Notice is:
3100 Brighton 3rd Street, 4L
Brooklyn, NY 11235
Attention: General Counsel
The Notice must:
- Describe the nature and basis of the claim or dispute; and
- Set forth the specific relief sought (“Demand”)
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or onehalal.co may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or onehalal.co must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If our dispute is finally resolved through arbitration in your favor, onehalal.co will pay you the highest of the following:
- The amount awarded by the arbitrator, if any;
- The last written settlement amount offered by onehalal.co in settlement of the dispute prior to the arbitrator’s award; or
If you commence arbitration in accordance with these Terms, onehalal.co will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules.
Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:
- Solely on the basis of documents submitted to the arbitrator;
- Through a non-appearance based telephone hearing; or
- By an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse onehalal.co for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
7. No Class Actions
YOU AND onehalal.co 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.
Further, unless both you and onehalal.co agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If onehalal.co makes any future change to this arbitration provision (other than a change to onehalal.co’ address for Notice), you may reject the change by sending us written notice within 30 days of the change to onehalal.co’ address for Notice, in which case your account with onehalal.co will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If Section 17.7 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
18 – Modification of these Terms
We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Service. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism.
Material changes to these Terms will be effective upon the earlier of:
- Your first use of the Service with actual notice of such change, or
- 30 days from posting of such change.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
19 – Confidentiality
You acknowledge and agree that when using the App, you may have direct or indirect access or exposure to onehalal.co’ confidential information (“Confidential Information”). Confidential Information includes onehalal.co’ data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that onehalal.co designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of the onehalal.co; (b) you shall not use Confidential Information for any purpose except in furtherance of your use of the App; (c) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the App or at the request of onehalal.co.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no action or omission by you; (b) was possessed by you prior to your use of the App without an obligation of confidentiality; or (c) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
20 – General
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and onehalal.co agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that materials included in the Service are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, onehalal.co or any third-party provider as a result of the Terms or use of the Service.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of onehalal.co to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by onehalal.co in writing.
This Agreement comprises the entire agreement between you and onehalal.co and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
21 – Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
22 – Notice Regarding Apple
To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 21. You acknowledge that these Terms are between you and onehalal.co only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.
Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to:
- Product liability claims;
- Any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that:
- 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
- You are not listed on any U.S. Government list of prohibited or restricted parties.