Platform Terms
Last Updated Date: March 13, 2024
Welcome to Air Platter! By accessing or using our website at www.airplatter.com and related services (collectively, the “Platform”), you agree to these Platform Terms. Please read them carefully. By clicking “I ACCEPT” or using the Platform, you agree to be bound by these Terms, including our Privacy Policy. If you do not agree, you may not use the Platform. By accepting these Terms, you agree to resolve disputes through arbitration, waiving the right to a trial by jury or participation in class actions.
Overview
Air Platter's Platform serves as a virtual marketplace connecting users with local restaurants and third-party delivery partners for food pickup or delivery. Air Platter clarifies it is not a restaurant or food preparation entity; restaurants operate independently, adhering to legal standards. Air Platter does not guarantee food quality, nor does it verify restaurants' compliance with laws. Additionally, Air Platter does not provide delivery services; orders may be fulfilled by delivery partners or restaurants, with no guarantees from Air Platter on the delivery service's quality or reliability.
To use the Air Platter Platform, you must be at least 18 years old. By agreeing to these Terms, you confirm that you meet this age requirement, have not been suspended from the Platform before, and your use complies with all relevant laws. If you're accepting these Terms on behalf of an entity, the person doing so must have the authority to bind the entity, and both the individual and the entity agree to abide by these Terms.
Purchases and Rewards Programs
On Air Platter's Platform, you can make purchases from Restaurants, with opportunities to review and accept charges in U.S. Dollars before payment. Prices are set by Restaurants, though Air Platter strives to keep pricing information updated and may notify you of changes in advance. Promotional offers may vary and are at Air Platter's discretion. By using the Platform, you authorize Air Platter and its payment processors to charge your specified payment method for purchases, including taxes. Delinquent accounts may be suspended or terminated, with additional fees incurred. Additionally, Restaurants may offer Promotions and Rewards Programs, for which Air Platter disclaims liability, and any rewards or benefits are non-transferable and have no cash value unless otherwise agreed in writing.
Authorization and Restrictions
Air Platter authorizes your access and use of the Platform, granting a limited license for personal, non-commercial use of associated mobile applications. You're restricted from reproducing, distributing, or modifying the Platform, except where impermissible by law. Providing Feedback grants Air Platter perpetual rights for improvement and creation of new products and services.
Content
Air Platter allows users to upload various content types to the Platform ("User Content"), retaining copyright and other proprietary rights. By providing User Content, users grant Air Platter a worldwide, irrevocable license to host, display, and distribute it. Other users receive a non-exclusive license to access and use User Content. Users are solely responsible for their content and affirm that they own it or have necessary permissions. Air Platter reserves the right to monitor and remove objectionable content but disclaims liability for User Content's accuracy or legality. Additionally, Air Platter may monitor content transmission for operational purposes, in accordance with its Privacy Policy.
Termination
These Terms become effective upon acceptance or initial use of the Platform and remain in force until termination. Violation of these Terms results in automatic termination of access. Air Platter reserves the right to terminate or suspend accounts at its discretion, with or without notice. Users may terminate their accounts at any time by contacting customer service. Upon termination, users must cease Platform use and settle outstanding payments. Air Platter may modify or discontinue the Platform without liability.
Limitation of Liability
You're responsible for your Platform use, agreeing to defend and indemnify Air Platter and its entities from third-party claims and related liabilities arising from your actions, including unauthorized use, violations of these Terms, or disputes with third parties. Air Platter disclaims responsibility for food products, delivery services, and promotions obtained through the Platform. The Platform and its content are provided "as is," with no warranties expressed or implied, including regarding uninterrupted access or absence of errors. Air Platter is not liable for damages resulting from Platform use. These provisions allocate risks between parties and are essential to the agreement's basis, regardless of limited remedies.
Dispute Resolution and Arbitration
To expedite dispute resolution, you and Air Platter agree to resolve any disputes through binding arbitration, waiving the right to a jury trial or class action participation, except where exceptions apply such as small claims court, injunctive relief, or intellectual property disputes. You may opt out of arbitration within 30 days of agreeing to these Terms by sending a written notice. Any arbitration will be administered by the American Arbitration Association under its rules. Notice of arbitration must be provided in writing, and both parties will cooperate in good faith to resolve disputes. Further, class actions are prohibited unless agreed upon by both parties. Modifications to this arbitration provision may be rejected by notifying Air Platter within 30 days, otherwise, it will be considered accepted. If any part of this arbitration provision is deemed unenforceable, the entire section becomes void. These Terms are governed by California law, with disputes resolved in Los Angeles County courts. Additionally, users are subject to the Privacy Policy and any Additional Terms posted by Air Platter. By using the Platform, users consent to receiving electronic communications and agree that the Platform is offered by UAB, ILS Ventures LT, with contact information available for inquiries. The Platform is intended for U.S. residents, and international use is prohibited where illegal.