Legal
Last updated: February 05, 2025
OneOnMe allows our users to send friends and family – and anyone else – items from their favorite bars, restaurants and other places and retailers (collectively, "Retailers").
As a Retailer, you agree to make meals, food and beverages available via the OneOnMe Services ("Products") as designated on the Order Form available for redemption at your business location(s) designated on the Order Form. You agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, and sale of food and alcoholic beverages. You will remain solely responsible for the safe preparation and quality of all Products, and will ensure that all Products match the descriptions and other information provided through the OneOnMe Services.
You are responsible for determining and setting the retail price for all Products (the "Retail Price"), but except as related to alcoholic beverages you agree that you will not set a Retail Price higher than the amount you are charging for similar items at your business locations. Unless otherwise explicitly stated in an applicable Order Form, you are the "retailer" or "seller" of all Products for local and state sales tax purposes and the responsible party for collection and remittance of applicable sales tax. You are solely responsible for determining all applicable sales tax and correctly communicating it to OneOnMe. OneOnMe will collect the tax as communicated by you. You are solely responsible for remitting the sales tax in a timely manner. OneOnMe will not independently verify the amount of sales tax or the application of sales tax to the Products. You agree that, at OneOnMe's sole discretion whether or not expressly stated in an applicable Order Form, OneOnMe may collect and remit sales and use taxes in jurisdictions where OneOnMe is considered a marketplace facilitator (or similar designation) and may have sales and use tax collection and remittance obligations under applicable law. You agree that neither OneOnMe nor any agent or contractor providing services on behalf of OneOnMe (including, e.g., any delivery service provider) holds title or acquires any ownership interest in or to any Products that you prepare or provide through the OneOnMe Services. For the avoidance of doubt, OneOnMe reserves the sole right and discretion to charge OneOnMe users any fees in connection with the Services.
From time to time, OneOnMe may offer promotional discounts for the Products, in its sole discretion ("OneOnMe Promotions"). OneOnMe Promotions are paid for by OneOnMe and will not reduce any fees otherwise due to Retailer. Retailer and OneOnMe may also, from time to time, mutually agree to offer promotional discounts for the Products ("Retailer Promotions"), which are paid for by Retailer.
You acknowledge that cancelled promotions can cause serious reputational harm to us and agree to give OneOnMe (promotions@oneonme.com) at least one (1) business days' notice prior to cancelling any Retailer Promotions subject to a $500 penalty for any violation.
The OneOnMe Services may include a rewards program (the "Rewards Program") that provides point-based rewards for purchases made through the OneOnMe Services, which can be redeemed for future Products. You hereby agree to participate in the OneOnMe Rewards Program, provided that except where OneOnMe is solely responsible for the cost associated with your redemption of a reward through the Rewards Program, you will have sole discretion in customizing all prices and point allocations.
You may use our Services only in compliance with these Terms and as permitted by law. Our Services are not designed for use outside the United States, and by using our Services you are representing to us that you are in the United States. You agree not to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct.
By using the Services, you agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, and sale of food, including all such laws, rules, regulations and standards regarding proper food preparation and menu disclosure and you agree that OneOnMe is not liable for any preparation of food in connection with your use of the Services, and that OneOnMe has had no involvement whatsoever in any such preparation. OneOnMe does not independently verify, and is not liable for any representations made by you regarding your food, including any descriptions, disclosures, or representations made by you in connection with your menu.
The Services are protected by copyright, trademark, trade secret and other U.S. and foreign laws. These Terms or your use of the Services do not grant you any right, title or interest in the Services, others' content in the Services, OneOnMe trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions, and will own all rights to such comments and suggestions, without any obligation to you. You agree to grant and hereby grant to OneOnMe a non-exclusive, worldwide, royalty-free, transferable, and revocable license to use the trademarks, service marks, trade names, meal names, meal descriptions, logos, designs and other designations, copy, or brands used by you in connection with your business or any other content that you post, upload, share, store, or otherwise provide through the Services ("Retailer IP"). This license is expressly limited: (i) to uses by OneOnMe in connection with the Services; and (ii) as specifically permitted by you in writing.
You are hereby granted a non-exclusive, non-transferable, and revocable license to use the trademarks, service marks, trade names, logos, designs and other designations, copy, or brands used by OneOnMe in connection with the OneOnMe Services ("OneOnMe IP") solely for the purpose of promoting the OneOnMe Services at your business location(s) and on your website(s) or mobile application(s), provided that you agree to use OneOnMe IP solely in compliance with any rules and guidelines provided by us. You also agree to immediately cease all use of OneOnMe IP upon request from OneOnMe or upon termination or expiration of your right to use the Services. Other than the license to use the OneOnMe IP granted in this Section and except as expressly permitted in connection with the Services hereunder, you are not granted any other right, title, or interest in any intellectual property owned by OneOnMe.
OneOnMe may provide you with aggregate information regarding products, refunds, and other metrics. In addition, you may be provided or have access to personally identifiable information ("PII") in connection with your use of the Services, such as the names of users ordering Products or the intended recipients of Products. All PII is subject to the Privacy Policy, and you agree to abide by the Privacy Policy with respect to the PII. In addition, you agree that you will only use the PII for fulfillment of orders made through the Services, and not for any other purpose (including marketing).
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are not intended for and may not be used by people under the age of 16. By using our Services, you are representing to us that you are over 16.
OneOnMe may provide you or your restaurant with mobile devices, kiosks or other devices (the "Devices") to access the OneOnMe Services. You agree to only use any Devices in connection with the OneOnMe Services, and that Device(s) may not be transferred, loaned, sold or otherwise provided in any manner to any third party. Device(s) will at all times remain OneOnMe's property, and upon expiration or termination of your right to use the Services or upon request by OneOnMe you will return all Device(s) to OneOnMe within ten (10) days at your expense. If the Device(s) is lost or damaged beyond normal wear and tear or you do not return all such Device(s) to OneOnMe during such period, you agree to pay $300 (or the fee set forth in the Order Form) for each such Device, or if the relevant Device is a kiosk, then $3000 (or the fee set forth in the Order Form) for each such kiosk, to OneOnMe. If there is a wireless data plan with a Device, you agree that OneOnMe may charge you or your restaurant for the costs associated with the wireless data plan of each applicable Device.
We may bill you directly or use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the OneOnMe Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
CURRENT INFORMATION REQUIRED. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR ONEONME ACCOUNT.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
OneOnMe does not hold any licenses for the sale of alcohol and only facilitates the promotion and/or marketing of the Retailer, and the promotion, marketing, and/or sale of alcoholic beverages by third parties via our platform. You the retailer agree that you are a licensed seller of alcoholic items that wishes to sell such products via our platform and will be clearly identified in relation to orders for alcoholic items. You are responsible for following all laws related to alcohol laws, whether sales, advertising, or promotional related in nature and following industry best practices. You further agree to limit the hours during which alcohol items are available for purchase and service in accordance with law.
If an order is placed at a Retailer which is licensed to sell alcoholic beverages, the Retailer represents that it will comply with all laws applicable to the sale of alcoholic beverages in all relevant jurisdictions, including without limitation that any person preparing or serving such alcoholic beverages is licensed to do so, and that the recipient of any products that are alcoholic beverages are at least 21 years of age. The Retailer is solely responsible for ensuring alcohol is sold and/or served in a compliant manner including but not limited to ensuring the recipient is not intoxicated or not of legal drinking age.
You hereby acknowledge that OneOnMe does not supervise, direct, control or monitor the Retailer in connection with the sale of alcoholic beverages or any other items and expressly disclaims any responsibility and liability in connection with such sale, 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.
Our Privacy Policy describes how we handle the information you and our users provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by OneOnMe.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is our policy 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 by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once proper notice regarding copyright infringement is received by the Designated Agent, it is our policy:
If the content provider or user that is the subject of a copyright infringement notice believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at: support@oneonme.com
Some of our Services may allow you to upload, submit, store, send or receive content, for example the menu items for your bar or restaurant. You retain ownership of any intellectual property rights that you hold in that content. In short, what you provide to us stays yours.
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 (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS AGREED TO BY ONEONME IN WRITING, NEITHER ONEONME NOR ITS THIRD PARTY SUPPLIERS OR LICENSORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ONEONME, AND ITS THIRD PARTY SUPPLIERS, DISTRIBUTORS AND LICENSORS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE PROVIDE THE SERVICES "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS AGREED TO BY ONEONME IN WRITING, WE (AND OUR THIRD PARTY SUPPLIERS AND DISTRIBUTORS AND LICENSORS) HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, ONEONME AND ONEONME'S PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, OWNERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS, AGENTS AND ASSIGNS (THE "ONEONME PARTIES"), WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ONEONME PARTIES' AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR THE ORDER FORM, INCLUDING FOR ANY IMPLIED WARRANTIES, WILL NOT EXCEED $300. IN ALL CASES, ONEONME, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY FORCE MAJEURE EVENT. EXCEPT AS PROVIDED HEREUNDER, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS IS TO DISCONTINUE USING THE SERVICES.
In the event that OneOnMe is prevented from performing, or is unable to perform, any of its obligations under these Terms due to acts of God, natural disasters, pandemic or epidemic, broad internet or network unavailability, or other cause beyond its reasonable control, its performance shall be extended for the period of delay or inability to perform due to such occurrence.
You agree to indemnify, defend and hold harmless OneOnMe, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of (a) your access to, use of, or misuse of the OneOnMe Services, in a way that is harmful to others including without limitation any claim arising from your preparation, description, or sale of food or beverages, or of alcoholic beverages; (b) your violation of any portion of these Terms or the Order Form, any representation, warranty, or agreement referenced in these Terms or the Order Form, or any applicable law or regulation, including without limitation laws and regulations applicable to the preparation of food products and to the serving of alcoholic beverages; (c) your violation of any third-party right, including any intellectual property right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve 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 with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
You and OneOnMe agree that any dispute arising out of or relating to these Terms or the Order Form or the breach, termination, enforcement, interpretation or validity hereof or thereof, including, without limitation, the determination of the scope or applicability of this agreement to arbitrate, and any other dispute, claim or controversy between the parties hereto (any of the foregoing, a "Dispute"), will be determined fully, finally and exclusively by neutral, binding and confidential arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act.
The arbitration will be administered by JAMS (or any successor thereof) in Austin, Texas, before a single arbitrator, and it will be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures; provided, however, that discovery will be limited to an exchange of relevant documents, unless the arbitrator determines that additional discovery is necessary. The arbitrator will follow the substantive laws of the State of Texas, to the extent such laws are not inconsistent with the Federal Arbitration Act, in adjudicating any Dispute. Judgment on any award may be entered in any court having competent jurisdiction in Travis County, Texas, and the parties hereby submit to the jurisdiction of such court for this purpose.
The parties will maintain the confidential nature of any arbitration proceeding and will not, without the prior written consent of the other party, disclose to any other person or entity the fact, existence, substance, contents, or results of the arbitration, any arbitration hearing, the award of the arbitrator, or any other proceeding in connection with the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law or judicial decision.
NO CLASS ACTION. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE RETAILER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER RETAILER OR USER.
You agree to provide information requested by OneOnMe within a reasonable period in the event of any sales tax audit. You agree to indemnify OneOnMe against any assessment of sales tax, penalties, and interest imposed by any state or local jurisdiction and any costs associated thereto. You further agree to indemnify OneOnMe against any assessments, fees, judgments, and penalties resulting from lawsuits that may be brought by any party for the improper collection of sales tax.
Either party may bring a lawsuit in the federal or state courts of Travis County, Texas solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute notice process described above. Both you and OneOnMe consent to venue and personal jurisdiction there.
You are free to stop using our Services at any time upon written notice to us. We reserve the right to suspend or terminate your access to the Services immediately upon notice to you if: (a) you are in breach of these Terms, (b) you are using the Services in a manner that would cause a real risk of harm or loss to us or other users, (c) in our sole discretion for any reason at any time.
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 website, send you an email, and/or notify you by some other means.
If you do not 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.