Terms & Conditions

 

Introduction

St Augustine Delivery is a third party delivery service and is not endorsed or connected in any way to any restaurant unless otherwise stated in writing. We provide delivery only, our fees include ordering and delivery of order, this is all included in a $7.99 delivery charge, We will not resell any order for more than menu price of restaurant menu; If there is a change of price that you deem incorrect, we will due an investigation that will result in a refund of the difference of overcharge within 48 hours. These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, St Augustine Delivery accessible at https://staugdelivery.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, St Augustine Delivery and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and St Augustine Delivery may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant St Augustine Delivery a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. St Augustine Delivery reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

St. Augustine Delivery is trained in food handling practices, upholds delivery standards. This website will not use trademark logos of non partnership businesses, St. Augustine Delivery operates as a third party provider of delivery services, will not purposely set food price above restaurants price.

Limitation of liability

In no event shall St Augustine Delivery, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  St Augustine Delivery, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent St Augustine Delivery from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

St Augustine Delivery is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The St Augustine Delivery is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between St Augustine Delivery and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes

1. Account Access

You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:

I.            That you are at least eighteen (18) years old;

II.            That you have not previously been suspended or removed from the Service; and

III.            That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2. Accounts and Registration

To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

3. Scope of License

The App is licensed, not sold, to you for use only under the terms of this license. St. Augustine Delivery reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, St. Augustine Delivery hereby grants you a personal, limited, revocable, non-transferable license to use the App on compatible devices that you own or control, solely for your non-commercial use.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by St. Augustine Delivery that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. Payment Terms

4.1. General Payment Terms

You understand that the prices for menu items displayed through the Service may differ from the prices offered or published by merchants for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold. Please note that in some cases, the estimated pricing published through the Service at time of checkout may differ from the prevailing pricing; for instance, a merchant may charge more for some items than is estimated. St. Augustine Delivery reserves the right to determine final prevailing pricing of all items ordered through the Service. In cases in which prevailing pricing is different than the estimated pricing, the fees you are ultimately charged may be different than the estimate. You acknowledge and agree to pay the prevailing pricing and fees. Please visit our Help Center to learn more about how items are priced. St. Augustine Delivery has no obligation to itemize its costs, profits or margins when publishing prices on the Site or in the App and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on St. Augustine Delivery’ income).

Certain features of the Service, including placing orders, may require you to pay fees. St. Augustine Delivery may change, or add, fees for our Service at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate, which may be the result of any requested substitutions or the ultimate prevailing price of the items (discussed above). In some cases we may not be able to provide an estimate of the fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our Site or visit our Help Center periodically to learn more about how we charge for the Service.

St. Augustine Delivery will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.

Charges paid by you are final and non-refundable, except as expressly provided in Section 4.2, and will be quoted in the local currency of the location where the order is being delivered. Except as expressly provided in Section 4.2, St. Augustine Delivery has no obligation to provide refunds or credits, but may grant them, in each case in St. Augustine Delivery sole discretion and regardless of your decision to terminate your usage, our decision to terminate your usage, and/or any disruption caused to our Service for any reason whatsoever.

St. Augustine Delivery, in its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Service or fees charged to you. St. Augustine Delivery reserves its right to expire or modify any promotion at any time.

4.2. Subscription Service

St. Augustine Delivery Unlimited is offered as a monthly or yearly pre-paid subscription on a per account basis.

If you sign up for the monthly subscription service, you will be charged your first monthly subscription fee on the date you purchase your subscription. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price, until you cancel your subscription or we terminate it. If you sign up for the yearly subscription service, you will be charged your first upfront, non-refundable (except as described below) yearly subscription fee on the date you purchase your subscription. Your subscription will automatically continue on a yearly basis at the then-current price, and you will continue to be charged on a yearly basis, until you cancel your subscription or we terminate it. You can find your monthly and/or yearly subscription billing date in your settings within the App.

We may change the subscription terms or fees at any time on a going forward basis in our discretion. For information on the monthly and yearly subscription fees and terms, please visit our Help Center.

You may cancel your subscription service at any time in your account settings or by contacting us via our Help Center. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your Unlimited services for the remainder of the your pre-paid subscription term.

We may terminate your subscription for St. Augustine Delivery Unlimited at our discretion and without any notice. If we cancel your yearly subscription for St. Augustine Delivery Unlimited, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that St. Augustine Delivery will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Service violates these Terms or has harmed another user.

4.3. Payment Authorization

You authorize St. Augustine Delivery to charge all sums for orders that you make and services you select to the payment method designated in your account. When you order on St. Augustine Delivery, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, you will only be charged the final order total once your order is registered as complete within the St. Augustine Delivery system, which generally occurs between 24-48 business hours after you receive your order. In the event that the pre-authorization is greater than the final amount, the difference will be returned to you after your order is completed or cancelled, which may take up to 5 business days depending on your bank.

St. Augustine Delivery also places an initial temporary pre-authorization hold on each new payment method you add to your account.

St. Augustine Delivery reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

4.4. Delinquent Accounts

If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us via our Help Center.

4.5. Customer Not Available

St. Augustine Delivery reserves the right to charge a customer the full order amount if that customer is not at the designated delivery location when the courier arrives to complete the delivery.

4.6 Cancelled Orders

If you cancel your St. Augustine Delivery order you may be charged depending on what stage the order was in when you cancelled. If you cancel a delivery after it has been accepted but is not yet being prepared by the merchant, you will not be charged a cancellation fee. If you cancel a delivery after a merchant has started preparing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee of up to $4. If you cancel a delivery after it is out for delivery, you will be charged the full price of the order.

4.7 Returned Items

If an item has to be returned for any reason, you may be subject to a non-refundable $15 return/restocking fee. For alcohol items, the courier reserves the right to refuse delivery and return the item(s) if the name on your ID does not match the name on your order, if you are not at least twenty-one (21) years old ("Legal Age"), if you cannot provide valid government-issued photo ID that you are Legal Age, or if you are visibly intoxicated.

5. Communications

5.1 Text Messaging

By using the Services or Software, you agree that the Company and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services or Software without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to management@staugdelivery.com indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may opt-out of receiving all text messages from Company at any time by deactivating your account or sending an email to management@staugdelivery.com indicating that you no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or service offered by Company. If you change or deactivate the phone number you provided to Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details.

5.2 Push Notifications

When you install our app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

5.3 Email

You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

5.4 E-SIGN Disclosure

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by contacting us via the Help Center with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via the Help Center with contact information and the address for delivery.

 

6. Indemnity

You are responsible for your use of the Service, and you agree to defend (at St. Augustine Delivery’ option) and indemnify St. Augustine Delivery and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

a.       Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

b.      Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

c.       Any dispute or issue between you and any third party, including any Courier, restaurant or other third-party merchant

St. Augustine Delivery reserves 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) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, St. Augustine Delivery may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without St. Augustine Delivery’ prior written consent.

 

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