Effective October 1st 2017
The restaurants available on our Websites operate independently and have entered into agreements with KariBites to provide the food and delivery services available to you on the Websites. The restaurants are required to comply with the laws of the State, rules, regulations and standards pertaining to the preparation, sale and marketing of food, including food preparation, safety and menu disclosure. KariBites is not responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. KariBites does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including in cases where the restaurant provides the delivery services. In addition, KariBites does not independently verify representations made by restaurants regarding their food, including without limitation, any menu or restaurant-level descriptors or disclosures.
Some deliveries are provided by KariBites's Delivery Partner ("KDPs). KDPs have entered into agreements with KariBites, which require KDPs to comply with all applicable laws of the State, rules and regulations, including without limitation traffic laws, requirements of the applicable Traffic Department and applicable insurance requirements. KariBites shall be liable for any delivery services provided by KDP and will work with the KDP to address any delivery errors or concerns.
You may only use the Websites to order if you are the authorized holder of the credit card used for payment. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Websites, and your parent or legal guardian must read and agree to this Agreement prior to you using the Websites. If you are under the age of 13 you are prohibited from using the Websites.
Use of the Websites may require that you register and/or create an account ("Account"). To register and create an Account, you must create a password and provide certain personal information. In consideration of the use of the Websites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KariBites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KariBites has the right to block your current or future use of the Websites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify KariBites of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. KariBites will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
Our Alcohol Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 18 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
Our Credit Policy
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
With the exception of User Content (defined below), the Websites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Content") are owned by or licensed to KariBites. The Websites and the Content are protected by copyright, trademark, domain name, international treaties and/or other proprietary rights and laws of Grenada and other OECS countries. Except as otherwise indicated on the Websites and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Websites, all trademarks, service marks, logos, and trade names are property of KaribFusion, including KariBites, KB and KB delivery.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Websites and/or the Content for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Websites. Only the use highlighted above is permitted, any other use of the Websites and/or the Content is strictly prohibited. Nothing contained on the Websites should be interpreted as granting to you any license or right to use any of the Content and/or third party proprietary content on the Websites without the express written permission of KariBites or the appropriate third party owner, as applicable.
If you download any software from the Websites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
KariBites reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Websites and/or services offered on or through the Websites (or any part thereof), including but not limited to the Websites' features, user interface, functional elements and related services.
Your Content and Conduct
By accessing the Websites you agree:
- Not to access the Websites or services using a third-party's account/registration without the express consent of the account holder;
- To comply with all applicable laws regarding online conduct and submission of acceptable User Content;
- Not to use the Websites or the services or submit content to the Websites if you are under the age of 13;
- Not to use the Sites to purchase alcohol unless you and the alcohol recipient are 18 years or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery or pick up;
- Not to attempt, through any means, to gain unauthorized access to any part of the Websites and/or any service, other account, computer system and/or network connected to any KariBites server;
- Not to conduct any kind of systematic retrieval of data or other content from the Websites;
- Not to attempt to impersonate another user or person;
- Not to advertise or solicit, any user to buy or sell any products or services, unless authorized by KariBites;
- Not to deep-link to the Websites and/or access the Websites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Websites and/or any Content and/or other content on the Websites, unless KariBites has given you specific permission in writing to do so;
- Not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Website content;
- Not to use the Websites in any manner that could damage, disable, overburden and/or impair any KariBites server, or the network(s) connected to any KariBites server, and/or interfere with any other party's use and enjoyment of the Websites;
- Not to transmit any chain letters or junk email;
- Not to use any information obtained from the Websites or the KariBites services in order to contact, advertise, solicit, or sell to any user or restaurant;
- Not to sell or transfer your profile;
- Not to use the Websites to engage in commercial activities apart from sanctioned use of KariBites services;
- Not to use the Websites as part of an effort to compete with KariBites, the Websites, or the KariBites services;
- Not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
- Not to license, sell and/or otherwise provide access to and/or use of the Websites to any third party, including without limitation to build a competitive product and/or service;
- Not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Websites;
- Not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
- Not to harass, annoy, intimidate or threaten any KariBites employees or agents engaged in providing any portion of KariBites’ services;
- Not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Websites or KariBites' services on behalf of that person, such as posting blogs or bulletins for a commercial purpose;
- Not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Websites or KariBites’ services;
- Not to upload or transmit viruses or other harmful, disruptive or destructive files;
- Not to disrupt, interfere with, or otherwise harm or violate the security of the Websites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or affiliated or linked sites (including those of our restaurant partners); and
- Not to use the websites for any illegal purposes.
You agree that the consequences of commercial use or re-publication of User Content or Content from the Websites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that KariBites will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
Content You Provide
KariBites may provide you with interactive opportunities on the Websites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants (collectively, "Interactive Features"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other content that you submit, post and/or otherwise transmit to the Websites ("User Content").
Use of Your Content
You grant KariBites an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with KariBites’ business and in all forms of media now known or hereafter invented (collectively, the "Purposes"), without notification to and/or approval by you. You further grant KariBites a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a KariBites user, to attribute User Content to you in connection with the Purposes, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Websites or the services we provide, KariBites shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.
User Content transmitted to certain parts of the Websites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Websites, including without limitation in a compilation format, and as such will be publicly visible and accessible. KariBites and its directors, employees, affiliates, successors, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.
Conduct within Interactive Areas
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Websites. We do our best to encourage civility and discourage disruptive communication on the Websites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
- has a commercial, political or religious purpose;
- Is false, misleading and/or not written in good faith;
- Infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
- Is illegal and/or promotes illegal activity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Websites; and/or
- Is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Websites or other sites.
KariBites may monitor any and all use of the Websites; however, we are under no obligation to do so. We may manage the Websites in a manner intended to protect our property and rights and to facilitate the proper functioning of the Websites. If any User Content or conduct on our Websites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Content or our Websites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Purposes or any Websites. KariBites will cooperate with the authorities of the State to the extent required by applicable law in connection with User Content.
Ratings and Reviews
The Websites may allow you to rate and post reviews of restaurants and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Purposes and the Websites' standards of conduct. Ratings and Reviews are not endorsed by KariBites, and do not represent the views of KariBites or of any affiliate or partner of KariBites. KariBites does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors and (3) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Content and/or the Sites may be removed without notice.
Users may opt to receive SMS notifications for orders made on the platform. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require assistance, you can call KariBites Support.
The Websites and Content on the sites are provided "as is" without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, the released parties disclaim, with respect to the Content on the Websites, all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. KariBites does not represent or warrant that the Websites, the materials and/or the other content on the Websiites will be secure, uninterrupted and/or error-free, that defects will be corrected, and/or that the Websites and their content are free from viruses or other harmful components. KariBites does not warrant or make any representations regarding the use or the results of the use of the Websites and Content in terms of their accuracy, reliability, timeliness, completeness or otherwise, including without limitation, the quality and/or timing of a delivery ordered on the Websites and/or the food or other products delivered.
Limitation of Liability
KariBites will not be liable to you for any indirect, special, incidental, or consequential damages, or any loss or damages whatsoever in a warranty, contract, or negligence action that in any manner arises out of or in connection with the use, inability to use, performance of, or services provided on or through the Websites. KariBites assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the Websites. KariBites assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or content available on or through the Websites, as well as any third party pages or additional websites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby.
Third Party Links
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). KariBites does not review, monitor, operate and/or control the Third Party Websites and KariBites makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, KariBites is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. KariBites reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Websites is subject to any and all additional terms, policies, rules or guidelines applicable to KariBites’ services or certain features of the Websites that we may post or link to on the Websites (collectively, the "Additional Terms").
KariBites respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Websites or a site through which our services may be accessed in a way that constitutes copyright infringement, please contact KariBites Support.
Violations of Agreement
KariBites reserves the right to seek all solutions available at law and in equity for violations of the Agreement, including without limitation the right to block a specific user from having access to the Websites.
Changes to this Agreement
You acknowledge and agree that your access to and/or use of the Websites and Content is subject to all applicable international laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Grenada and the OECS countries.