Terms of Use for Customers (“visuEaters”)

Updated: June 17, 2024

Welcome to our Terms of Use and thank you for choosing visuEats Imagery Solutions, Inc. (“visuEats”). 

Please read carefully as our Terms of Use have been updated to reflect the updated content, technology, services, features, and functionalities (collectively “Services”) of our platform. These visuEats’ Terms of Use, Terms, or Conditions (collectively “Agreement”) constitute a legal agreement between you and visuEats.  “visuEats,” “we,” “us,” and “our” mean visuEats Imagery Solutions Inc., a Florida corporation, and its subsidiary visuEats Limited, a Jamaica limited liability company. 

This Agreement applies to your access or use of the visuEats’ websites, mobile sites, platforms, and applications (collectively, “Sites”) and the Services made available by visuEats. The terms “User” and “you” mean any user of the Services and Sites. 

About visuEats

visuEats is an online marketplace connecting customers with third-party service providers, including Merchants as well as independent contractors (“Knockers”) who will be offering you delivery services. Using visuEats, you can view the merchants’ visual menu, schedule a reservation, and place an order for pickup or delivery from participating merchants.

Part 1: Acceptance of this Agreement

By accessing the Sites or using the Services or by clicking “accept” or “agree” to this Agreement, you agree to be bound by and comply with this Agreement. You also acknowledge that you have read, understood, and agreed to be bound by this Agreement, and you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. 

You also agree that you will review this Agreement periodically because from time to time, visuEats may update or revise this Agreement including our Privacy Policy.  If at any time you do not agree with this Agreement, our Privacy Policy, or the updated Agreement, you must immediately stop using the Sites and Services. 

Part 2: Visual Menu

visuEats grants you access to our Sites to view and utilize our Services as well as third-party menu, menu items, images, text, logos, branding elements, video, audio, promotional materials, and other content (collectively “Third-Party Content”)

visuEats acknowledges and upholds the intellectual property rights of others. As such, visuEats is committed to promptly addressing any claims of copyright infringement occurring on its Sites. If you suspect that visuEats or a third-party utilizing our Services has infringed upon your intellectual property rights, including the display of potentially infringing materials on our Sites, kindly furnish the following details in writing to info@visuEats.com with the subject line “Intellectual Property Issue”:

  1. Direct link or access to the allegedly infringed copyrighted work(s), material(s) and their location(s) on the Sites.
  2. A statement asserting your good-faith belief that the use is unauthorized by the copyright owner, its agent, or the law.
  3. A statement, made under penalty of perjury, affirming the accuracy of the provided information and your authorization to act on behalf of the copyright owner.
  4. Your electronic or physical signature or that of your authorized representative.
  5. Your contact details, including address, telephone number, and email address.

visuEats reserves the right to request additional information and will exercise its sole discretion before taking appropriate action on allegedly infringing material. If visuEats does remove or disable access to such material, it will promptly notify the individual responsible for posting it, informing them of the action taken. Additionally, visuEats may provide the responsible party with your email address to facilitate their response to the allegations.

Part 3: Reservations Services

visuEats facilitates the creation and management of reservations (“Reservation Services”) through our Sites for entities including but not limited to hotels, restaurants, eateries, vendors, and any other entity (each, a “Merchant”). visuEats provides Reservation Services to enable Users to make reservations and other related services at participating Merchants.

To make a reservation, you will have to provide your name, phone number, and email address, along with other mandatory or optional information (collectively “Contact Details”) that may be requested by the Merchant. When you provide your Contact Details through the Sites, you give visuEats permission to share your Contact Details with the Merchant. Once a reservation request is made by you through the Sites, you agree to receive confirmations, updates, modifications, reminders and/or cancellations by way of in-app notifications, email, phone and/or other electronic messages regarding the status of your reservation, aligning with our privacy policy

All reservations are subject to the availability of the Merchant for your specified date, time, party size and seating. Your reservation is not confirmed until you have received a confirmation notice from visuEats and/or the Merchant. visuEats and/or the Merchant will provide confirmation of the status of the reservation to you by way of in-app notifications, email, phone and/or other electronic messages, aligning with our privacy policy.

You agree to uphold any reservations made through the Sites by arriving at the Merchant at the specified time and settling the bill entirely. 

Reselling or attempting to resell any reservation is prohibited.

3.1 Payment Processing

A Merchant may ask for the debit or credit card’s name on the card, card number, card expiration date, card three digit security code (collectively “Payment Details”) in association with the Sites, which could include (i) Reservation Services, especially for pre-orders, sizable gatherings, specific seating, and/or special occasions or (ii) cancellation charges. To use the Reservation Services and/or process cancellation charges of these Merchants, you must provide accurate and valid Payment Details.

visuEats and/or the Merchants, reserve the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for Reservation Services. visuEats will facilitate your payment to the Merchant through a third-party payment gateway.

When you provide your Payment Details through the Sites, you give visuEats permission to share your Payment Details with a third-party processor to process the payments accordingly. visuEats holds no liability for any errors or fees incurred by these processors or financial institutions. 

Additionally, visuEats imposes a processing fee when you use our services to make a payment to a Merchant. Applicable processing fees are disclosed to you before the payment is made and is depicted as a flat fee or a portion of the total payment transaction.

3.2 Cancellation and No-Show Policy

To uphold a consistently exceptional standard of service for both you and the Merchants on visuEats, it is essential to follow the reservation and cancellation policies of each individual Merchant. If the Merchant has separate reservation terms and cancellation policies, visuEats will require you to accept the Merchant’s reservation terms and cancellation policies before you make your reservation through the Sites. 

If a Merchant does not specify their policy, visuEats mandates that you give at least 30 minutes’ notice for canceling a reservation made at the Merchant’s establishment or through the Sites, either by contacting the Merchant directly or through the Sites. Any disputes regarding no-shows and/or cancellations can be addressed by reaching out to the Merchant. The Merchant retains the sole discretion to make the final decision regarding a no-show and/or cancellation. 

Upon arriving at the Merchant, it is your responsibility to notify the Merchant’s host that you have a reservation. Failure to appear at the Merchant within 15 minutes after your original reservation time, may result in the Merchant marking your reservation as a No-Show and/or you have forfeited your reservation.

visuEats shall have no liability for any charges made to the debit or credit card account. You agree to pay any applicable Merchant cancellation or no-show fees in accordance with the Merchant’s cancellation policy.

Part 4: Online Ordering 

visuEats facilitates the purchasing and management of orders (“Online Ordering Services”) through our Sites from a Merchant. visuEats provides Online Ordering Services to enable Users to make a purchase request for pickup or delivery from participating Merchants. visuEats and/or the Merchants, reserve the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods.

Unless otherwise agreed by visuEats in a separate written agreement with you, these Online Ordering Services are made available solely for your personal, noncommercial use.

To make a purchase, you will have to provide your Contact Details that may be requested by the Merchant. When you provide your Contact Details through the Sites, you give visuEats permission to share your Contact Details with the Merchant. Once a purchase request is made by you through the Sites, you agree to receive confirmations, updates, modifications, reminders and/or cancellations by way of in-app notifications, email or phone or other electronic messages regarding the status of your purchase request, aligning with our privacy policy

All Online Ordering Services are subject to the availability of the Merchant for your specified item(s), price, quantity, date, and time (collectively “Order”). Once you make an Order, visuEats submits your Order to the Merchant for processing. It is up to the Merchant to decide whether or not to process your Order, and it is up to you to decide whether or not to accept the Order from the Merchant. Please note that once your Order has been accepted by the Merchant, you may no longer have the option to change or cancel your Order. If visuEats is able to cancel your Order, you may be charged a fee and/or may not be refunded for your Order.

visuEats, and/or the Merchant will provide confirmation of the status of the order to you by way of in-app notifications, email or phone or other electronic messages, aligning with our privacy policy.

The Knocker will provide confirmation of the status of your delivery order to you by way of in-app notifications aligning with our privacy policy.

Reselling or attempting to resell any Orders is prohibited.

4.1 Payment Processing

visuEats will ask for your Payment Details in association with the Sites, which could include (i) Online Ordering Services or (ii) cancellation charges. To use the Online Ordering Services and/or process cancellation charges, you must provide accurate and valid Payment Details. visuEats will facilitate your payment to the Merchant through a third-party payment gateway. 

When you provide your payment details through the Sites, you give visuEats permission to share your payment details with a third-party processor to process the payments accordingly. visuEats holds no liability for any errors or fees incurred by these processors or financial institutions. 

Additionally, visuEats imposes a processing fee on all Orders when you use our services to make a payment to a Merchant. visuEats also imposes a delivery fee on all Orders requested for delivery. Applicable processing and delivery fees are disclosed to you before the payment is made and is depicted as a flat fee or a portion of the total payment transaction.

4.2 Cancellation Policy

To uphold a consistently exceptional standard of service for you, the Merchants and the Knockers on visuEats, it is essential to understand and follow our cancellation policy. When you process a payment for an Order on our Sites, these payments are final and non-refundable, unless otherwise determined by visuEats. visuEats, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your Order or in the amounts you were charged.

4.3 Alcoholic Beverage Policy

If you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon pickup or delivery of your Order, you agree to present a valid government-issued identification card reflecting your age to be at least 21 years of age to the Merchant or the Knocker so that the Merchant or Knocker can confirm that you are at least 21 years of age. You also agree that the Merchant or the Knocker may withhold your Order, if you appear or the recipient of the Order appears intoxicated when collecting the Order. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you and you may forfeit the total cost of your Order.

Part 5: Users 

5.1 Communication

When you utilize our Sites and Services, visuEat and/or the Merchant may contact you through email, phone calls, push notifications, or other electronic messages, adhering to our privacy policy. Regarding your Order requested for delivery the Knocker may contact you through in-app notifications aligning with our privacy policy.

5.2 Registered Users

You must create an account (“Registered Users”) to receive information about our Sites and to process payment for any service through our Sites. You affirm and guarantee that the details you furnish to visuEats about yourself during registration and consistently thereafter will be truthful, precise, current, and complete. Furthermore, you commit to promptly maintaining the accuracy and currency of this information continuously.

It’s prohibited to share your account details or grant access to our Sites to any third-party. You bear responsibility for all activities under your login credentials. Should you suspect unauthorized access or compromise of your credentials, promptly notify visuEats at support@visuEats.com. You agree to hold sole responsibility for any losses incurred by you, visuEats, Merchants, Knockers or others (including fellow users) due to unauthorized account usage.

By using the Sites and Services, you grant visuEats permission to access, retain, and divulge your account information and any content provided by you, if required to do so by law or if there is a genuine belief, that such access, retention, or disclosure is reasonably necessary for the benefit of visuEats, Merchants, and/or Knockers, to: (i) adhere to legal procedures; (ii) enforce the Agreement; (iii) address a claim that any user generated information breaches the rights of third parties; (iv) respond to your inquiries for our Services, Reservation Services and/or Online Ordering Services; or (v) investigate or safeguard the rights, business interests, assets, or personal safety of visuEats, the Merchants, Knockers, its users, and the general public. For further insights into our policies concerning the collection, usage, and disclosure of information, kindly refer to our Privacy Policy, accessible here.

5.3 User Generated Content

You may distribute, transmit, or publish a range of content including reviews, comments, ratings, photos, videos, texts, links, and location details as well as you can communicate, provide suggestions, ideas, inquiries, or any additional information (collectively “User Content”) on the Sites. Your name and/or your profile photo may be displayed publicly with your User Content.

By submitting User Content, you grant visuEats an enduring, royalty-free, irrevocable, and fully sublicensable right to third-party to utilize, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise utilize such User Content worldwide in any media. Moreover, you relinquish any privacy or publicity rights, as well as moral or other rights you may have in the User Content, in favor of visuEats.

Your User Content must maintain fairness and neutrality. You are not permitted to submit reviews, comments, or ratings in return for any form of compensation or for any Merchant of which you are an owner, employee, friend, relative, or competitor.

Your User Content must adhere to legal standards and refrain from being threatening, obscene, racist, defamatory, libelous, pornographic, infringing on intellectual property rights, promoting illegal activities or harm to individuals or groups, violating third-party privacy or publicity rights, spreading falsehoods or intentionally harming others, or being objectionable. Additionally, it should not include software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, spam, or mention illegal activities, malpractice, overcharging, false advertising, or health code violations. 

visuEats reserves the right but not obligated to monitor, remove, or alter User Content at its discretion, especially if it breaches this Agreement. However, you acknowledge that visuEats may not regularly review all submitted User Content.

visuEats takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third-party, nor do we guarantee any confidentiality with respect to User Content.

5.4 Technical Requirements

Accessing the Sites and using the Services require an internet connection via your computer or mobile device. You are responsible for all mobile carrier data or electronic message charges resulting from your use of the Services, including from any notifications provided by the Services. 

To utilize our text message-based services, you must have an active account with a carrier that offers electronic communications via mobile devices. To utilize our WhatsApp message-based services, you must have an active WhatsApp account.

visuEats cannot ensure that the Services will be compatible with all devices or supported by all mobile carriers. It may be necessary to enable JavaScript (or similar technologies) to use the Sites, and certain Services (such as making, modifying, or canceling reservations) may be inaccessible if JavaScript is disabled.

5.5 Restrictions

The Services and Sites are provided solely for your personal use, and you agree not to use the Services or Sites for any unlawful purpose or in any manner that could harm, damage, or disparage any other party.  Any other uses other than personal use are strictly prohibited. 

visuEats at its sole discretion reserves the right to refuse service, terminate Registered Users, alter, delete, cancel the Services, or limit access to the Services with or without notice.

You agree not to do or attempt to:

  1. Partake in behavior that includes threats, harassment, abuse, slander, defamation, or any other activities that violate the legal rights, including private and public rights, of others.
  2. Impersonate another person or fabricate your identity or provide any misleading information when utilizing our Services including but not limited to leaving reviews and feedback through our Sites.
  3. Disseminate information publicly regarding the performance, access or use of the Sites or Services for competitive analysis or benchmarking purposes.
  4. Enclose or frame any visuEats trademark or any part of the Services or Sites within any other website or service for any purposes without obtaining our explicit written permission.
  5. Use the Services or Sites in a way that violates any federal, state, or local laws, regulations, or the rights of any third-party. Acquire, share, process, or otherwise handle personal data of any party in a manner inconsistent with laws or frameworks governing personal data or the terms specified in this Agreement.
  6. Send or upload any content containing viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or damaging software programs or interfere with or disrupt the Services or Sites, networks or servers connected to the Services or Sites or violate the regulations, policies or procedures of such networks or servers.
  7. Employ any robot, spider, scraper, or other automated mechanisms to access or scrape the Service, unless it’s conducted by legitimate search engines periodically indexing the Service as part of their general process of indexing internet sites and services.
  8. Replicate, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Services or Sites, the use, access to, or content acquired through the Services or Sites for any purpose other than your personal, noncommercial use.
  9. Reverse engineer, decompile, disassemble, or otherwise attempt to access the source code or non-public APIs of the Services or Sites, unless expressly allowed by applicable law and even then, only after giving advance notice to visuEats.

5.6 Indemnity

You confirm and warrant that you have full ownership or control of all rights pertaining to any User Content you provide. You guarantee that all User Content you supply is precise and that its usage by visuEats, its Merchants, Knockers, Users, partners, and licensees will not contravene this Agreement, cause harm to any individual or entity, or infringe upon the rights of any third-party (including, but not limited to, intellectual property rights and rights of privacy or publicity). You consent to indemnify, defend, and release visuEats, its affiliates, partners, principals, shareholders, directors, officers, employees, agents, and successors and assigns (collectively referred to as the “visuEats Parties”) from any claims arising from (1) any User Content you submit, (2) your use of the Services or Sites, or (3) any actual or alleged breach of this Agreement by you, at the request of visuEats.

5.7 Termination

visuEats reserves the right to suspend or terminate your access to the Services and Sites, either partially or entirely, without prior notice or explanation. This may happen if visuEats suspects you’ve breached any part of this Agreement (including any visuEats Policies). Following such suspension or termination, you may or may not be allowed to continue using the Services or Sites or create a new account. You acknowledge that visuEats holds no responsibility for any consequences arising from the termination of this Agreement. You have the option to discontinue your use of the Services at any time. Please be aware that deleting your account will result in the deletion of any stored content, data, Contact Details and/or Payment Details, for which visuEats assumes no liability whatsoever.

Part 6: General Terms 

6.1 Modification of Services

visuEats maintains the sole discretion to periodically adjust the Services and Sites without notice. This encompasses, but is not restricted to, adding, and removing Merchants and/or Knockers, the deletion, addition, or modification of Services or Sites that might impact its overall functionality. visuEats assumes no liability for these adjustments. If you object to any changes, your sole recourse is to cease using the Services. Continued use of the Services after any adjustments implies your acceptance of the changes and satisfaction with all aspects of the Services.

6.2 Intellectual Property Rights and Ownership

The visual interfaces, graphics, videos, data, text, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other aspects of the Service and Sites (“visuEats Content”) are safeguarded by both United States and international regulations pertaining to copyright, trade dress, patent, trademark, and other pertinent intellectual property and proprietary rights. All visuEats Content is the copyrighted property of visuEats, its subsidiaries or affiliated companies and/or licensors. The visuEats Content may be modified from time to time by visuEats in its sole discretion. Except as expressly set forth herein, no license is granted to any User for any other purpose, and any other use of the Services, Sites or visuEats Content by the User shall constitute a material breach of this Agreement. visuEats and its partners or licensors retain all rights in the Services, the Sites and visuEats Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of visuEats or any third-party is granted under this Agreement.

6.3 Third-Party Websites, Applications and Content

The Services and Sites may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications” and, collectively with Third-Party Websites, “Third-Party Content”) including, without limitation, links to Merchants’ websites, social media, and address. Clicking on a link to Third-Party Content won’t trigger a warning indicating that you’ve left the Sites and are now subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Content are not under the control of visuEats, and visuEats is not responsible for such content. visuEats provides Third-Party Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk. Before engaging in any transactions with third parties, it’s essential to review the relevant terms and policies, including privacy practices and data collection procedures, of any Third-Party Websites or Third-Party Applications. Conduct any investigations you deem necessary or suitable before proceeding with any transactions.

6.4 Artificial Intelligence

Some features and tools within our Services utilize artificial intelligence (“AI“), including generative AI, to enrich your user experience. visuEats may collaborate with third-party entities or employ third-party large language models to develop and provide these services. We analyze the data you input and any resulting data to deliver our Services, enhance our products, ensure quality, troubleshoot issues, and for other purposes outlined in these Terms and our Privacy Policy.

When engaging with third-party entities, we prohibit them from training their own models using personal or sensitive data provided to us, except in exceptional circumstances, where such scenarios undergo a thorough internal review and approval process. All content generated by these AI tools is offered on an “as-is” and “as-available” basis. visuEats does not guarantee the relevance, accuracy, or completeness of such content and disclaims liability for any damages or losses arising from your use of or reliance on such content.

6.5 Liability Limitations

Under no circumstances will visuEats and its affiliates be held liable to any party for any indirect, special, or other consequential damages, including, but not limited to, any injuries, illnesses, damages, lost profits or business interruption, arising from (i) your visit to a Merchant, (ii) your interaction with a Knocker (iii) your use of the Service, Sites or visuEats Content; or (iv) the compliance or non-compliance of a Merchant and/or Knocker in conjunction with the Service, whether based on tort, contract, or any other legal theory, even if visuEats has been advised of the possibility of such damages. visuEats, its officers, or directors will not be liable in the aggregate for any direct damages arising from the Service or Sites or claimed under these terms that exceed ten US dollars ($10).

6.6 Warranty

The Services, Sites, visuEats Content, User Content, Third-Party Content, and any other software, services, or applications provided in connection with the Services, are offered on an “as is,” “as available,” “with all faults” basis without any representations or warranties, whether express, implied, or statutory, including, but not limited to, regarding correctness, accuracy, reliability, or otherwise. visuEats hereby disclaims all warranties to the fullest extent permitted by applicable law, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, in relation to the Services.

6.7 Dispute Resolution

  1. Arbitration: Any dispute ineligible for small claims court resolution will undergo binding and confidential arbitration, conducted in English, within Miami, FL. An arbitrator appointed by the American Arbitration Association (“AAA”), possessing significant experience in commercial contract dispute resolution, will preside over the process. This arbitration will adhere to the AAA’s Commercial Arbitration Rules (the “Rules”).
    1. Upon acceptance of these terms, you forfeit your constitutional and statutory rights to pursue legal action in court and undergo a trial before a judge or jury for any disputes arising from these terms, except for those suitable for resolution in small claims court. Instead, your rights will be determined by a neutral arbitrator, rather than a judge or jury. While you are assured of a fair hearing, arbitration procedures are simpler and more limited compared to court proceedings. Arbitrator decisions are as enforceable as court orders and undergo minimal review by a court.
    2. Claims brought by either party must be presented in their individual capacity and not as a plaintiff or member of a class in any purported class or representative proceeding. The arbitrator is prohibited from consolidating multiple claims, overseeing any form of a representative or class proceeding, or providing relief on a class-wide basis.
    3. You have the right to opt out of the provisions of this Section 6.7.1 (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt out to the following addresses: via email to info@visuEats.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your account username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.
    4. Each party will bear their own costs associated with the arbitration proceedings. The arbitration ruling will be final and binding on both parties, and there will be no chance for appeal or review except as permitted by the laws of the State of Florida or United States federal law. 
    5. Despite the aforementioned, (1) either party maintains the right to initiate an individual action in small claims court, and (2) claims pertaining to (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights, may be exclusively brought before the state or federal courts situated in Miami-Dade County, Florida. Both parties consent to the exclusive personal jurisdiction of these courts for such matters. The pursuit of equitable relief will not be construed as a waiver of the right to arbitration.
  2. Enforceability: Except for Section 6.7.1.a, if any part of Section 6.7.1 is deemed to be invalid or unenforceable for any reason then the balance of Section 6.7.1 will remain in effect. If, however, Section 6.7.1.a is found to be invalid or unenforceable for any reason, or we receive a valid opt-out notice from you pursuant to Section 6.7.1.c, then Section 6.7.1 will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Services will be exclusively brought in a state or federal court located in Miami-Dade County, Florida.
  3. Governing Law: For all intents and purposes, these Terms will be governed and construed in accordance with the laws of the State of Florida, without applying its conflicts of laws provisions that would mandate a different outcome.
 

Contacting Us

If you have any questions or concerns about these Terms of Use, please contact us at info@visuEats.com. We will attempt to respond to your questions or concerns promptly after we receive them.