Legal
Effective date: February 5, 2025
OneOnMe allows you to send friends and family, and anyone else, items from your favorite bars, restaurants and other places and retailers. These Terms are the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@oneonme.com
Address: 15500 Joseph Drive, Austin, TX 78734
These Customer Terms of Use (the "Terms") are a binding contract between you and OneOnMe, Inc. ("OneOnMe," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies.
Please note that we do not currently support use by individuals under the age of sixteen (16). If you are under the age of sixteen (16), please do not attempt to register for or otherwise use the Services. If we learn you are under the age of sixteen (16), we will terminate your account and delete any personal information provided by you as quickly as possible.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site, on our application(s), send you an email, and/or notify you by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We take your privacy seriously. Our use of the information you provide when you use the Services is governed by our current Privacy Policy.
We do not knowingly collect or solicit personally identifiable information from anyone under the age of sixteen (16); if you are under the age of sixteen (16), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from anyone under the age of sixteen (16), we will delete that information as quickly as possible. If you believe that anyone under the age of sixteen (16) may have provided us personal information, please contact us at support@oneonme.com.
You may be required to sign up for an account, select a password and user name ("User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services.
When you sign up for an account, you represent and warrant that:
If you attempt to redeem or send gifts containing alcoholic beverages and are under the age of 21, you are in violation of these Terms, and OneOnMe reserves the right to suspend or terminate your account. Retailers are solely responsible for verifying the recipient's age and compliance with applicable alcohol-related laws when fulfilling such orders.
You will not share your OneOnMe User ID, account, or password with anyone, and you must protect the security of your OneOnMe User ID, account, password, and any other access tools or credentials. You're responsible for any activity associated with your OneOnMe User ID and account.
We connect those providing certain goods ("Retailers") and those looking to acquire those goods ("Customers"). When we use the word "you" or "user" in these Terms, it refers to any user of our Services, regardless of whether that use is as a Retailer or a Customer.
Before receiving meals, food, beverages or other items ("Products") from any Retailer, Customers are responsible for making their own determinations that the Products are suitable. OneOnMe is only responsible for connecting Retailers and Customers, and cannot and will not be responsible for making sure that Products are up to a certain standard of quality.
OneOnMe does not directly offer the Products. You hereby acknowledge that OneOnMe does not supervise, direct, control or monitor the Products and expressly disclaims any responsibility and liability for the Products, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
If you place an order with a Retailer to pay for someone's alcoholic beverage, you are purchasing the liquor directly from the Retailer. We do not hold any TABC licenses and do not sell alcohol but merely provide a conduit between you and the Retailer. It is up to the retailer to conform to requirements and laws related to the sale and/or service of alcoholic beverages.
You represent that both you and, if different, the ultimate recipient of the order are at least 21 years of age. Upon pickup of the order, the recipient will likely be asked by the Retailer to present a government-issued identification card consistent with applicable law, evidencing proof of legal drinking age.
You also agree that the Retailer may refuse to sell the ordered alcoholic beverages for any reason, including but not limited to if the recipient appears to be intoxicated when receiving delivery of such beverages.
As part of the Services, you may receive communications through the Services, including messages that OneOnMe sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want OneOnMe to send you information that we think may be of interest to you, which may include OneOnMe using automated dialing technology to text you at the wireless number you provided, and you agree and consent to receive communications from OneOnMe including marketing messages.
You agree and understand that the foregoing consent is not a condition of purchase and you are not required to provide your phone number or such consent in order to complete a purchase with OneOnMe or to use the Services.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, User Submissions and so forth (the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services.
Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights; (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty; (vii) promote fraudulent schemes; or (viii) violate any law.
By submitting User Submissions through the Services, you hereby grant OneOnMe a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and our businesses.
In accordance with the DMCA, we've adopted policies toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed and (2) remove and discontinue service to repeat offenders.
If you believe that material or content residing on or accessible through the Services infringes your copyright, please send a notice of copyright infringement to our Designated Agent:
support@oneonme.com
OneOnMe, Inc.
Attn: DMCA Designated Agent
15500 Joseph Drive, Austin, TX 78734
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We cannot control and have no duty to take any action regarding how you may interpret and use the Content.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by OneOnMe. OneOnMe has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party site or service.
We are always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
The Services are subject to the prices and fees listed for any Products, and we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee.
You are free to do that at any time by contacting us at support@oneonme.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
OneOnMe is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Account termination may result in destruction of any Content associated with your account.
If you have deleted your account by mistake, contact us immediately at support@oneonme.com.
These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store. The following additional terms also apply:
THE SERVICES AND CONTENT ARE PROVIDED BY ONEONME (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ANY OF THE ONEONME PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
You agree to indemnify, defend and hold the OneOnMe Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Austin, Texas, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect.
If you have any questions or comments about these Terms, please contact us at:
support@oneonme.com
OneOnMe, Inc.
15500 Joseph Drive
Austin, TX 78734