Thank you for reviewing the terms and conditions ("Online Ordering Terms") governing your use of Signature Systems, Inc.'s PDQPOS On-Line-Ordering to order food and beverage products ("Online Ordering Services"). The Online Ordering Terms are between you and Signature Systems, Inc. and the restaurant utilizing the Online Ordering Services (hereinafter "we" or "us") and describe each party's respective rights and obligations. By submitting any orders for the Online Ordering Services, you indicate your acceptance of these Online Ordering Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 10 ENTITLED "ARBITRATION AGREEMENT" BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
These Online Ordering Terms incorporate by reference Signature Systems, Inc.'s Terms of Use and Privacy Policy. The Online Ordering Terms, including Signature Systems, Inc.'s Terms of Use and Privacy Policy, together with any such additional terms and conditions, constitute the entire agreement between you and Us related to the Online Ordering Services. The Online Ordering Terms, Signature Systems, Inc.'s Terms of Use, Signature's Privacy Policy, and any such additional terms and conditions, will apply equally. In the event of a conflict, the Online Ordering Terms will prevail.
a. You can use the Online Ordering Services by checking out as a guest through the Restaurant Website.
b. As you are checking out as a guest, you can opt in to receive communications from Us about any special offers and other benefits, promotions, sweepstakes, and news. We may use the information you provide when checking out as a guest in order to provide such communications.
c. By providing a mobile number, you agree to receive SMS (text) messages for promotional and/or order update purposes.
d. The only third parties with whom We will share your information are third-parties who are contractors and service providers engaged in connection with the Online Ordering Services (collectively, "Third-Party Service Providers") and, if applicable, to provide communications as described in Section 2.(c) above. Such information will only be used in accordance with our Privacy Policy. We will never sell your information.
If you enable location-based services on your computer or other device in connection with your use of the Online Ordering Services, you expressly consent to Us and/or Our Third-Party Service Providers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including, without limitation, to identify your local store location. Please see our Privacy Policy for further information and for details on how to opt-out of location collection.
a. All orders are available for customer in-store pick up, however delivery may be an available option in select stores and areas.
b. If you choose to have an online order delivered, you may be assessed a delivery fee ("Delivery Fee"). Such fee and any applicable taxes will be identified when you place your order.
c. There may be limits on the dollar values and number of orders that may be placed. Discounts, coupons, rewards and other offers may not be able to be used or combined with your online order unless otherwise provided.
d. Payment for the Online Ordering Services may only be made using Visa, MasterCard, Discover, and American Express credit cards, Apple Pay and Google Pay.
a. Delivery of orders submitted on the is available only at participating restaurants. Not all stores may offer delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary by store.
b. Delivery may be provided by a third-party delivery service. If delivery is chosen, We will share your information, including but not limited to, name, address, email, mobile phone number and the details of your order, with the applicable third-party delivery service in order to complete your delivery. Delivery service terms and conditions will apply.
c. By providing Us with a valid email address and mobile phone number, you acknowledge that We or a third-party delivery service may automatically send you notifications about your order via email and/or text message. Data usage or other like fees owed to your mobile carrier may apply. Consent to receive text messages is not required to make any purchase.
d. Third parties may offer online ordering and/or delivery services through their own websites or mobile apps. We do not review and are not responsible for any statements, claims (including price representations) made on third-party sites or apps and have no responsibility for an order made through a third party. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that service and not to Us.
a. Your credit card will be charged one hundred percent (100%) of the price of the total order amount, and in the case of delivery orders, the applicable Delivery Fee, once the online order is submitted.
b. We reserve the right to cancel any order at any time for any reason. Notification of such cancellation will be sent to you via your provided contact information.
c. Refunds, if any, of amounts paid for cancelled orders will be identified by the restaurant at the time of cancellation.
We may change the Online Ordering Terms at any time, with or without notice. Revised Online Ordering Terms will be posted. As permitted by applicable law, any such changes will become effective at the time they are posted.
We may suspend or terminate the Online Ordering Services or revoke or limit your use thereof at any time, for any reason or for no reason at all, without notice to you. We may suspend or terminate your ability to order via the Website for any conduct that We, in our sole discretion, believe is in violation of these Online Ordering Terms, any additional terms or applicable law, or if you use the Online Ordering Services in an unauthorized, fraudulent or otherwise unlawful manner.
a. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and We agree that any controversy, claim, action, or dispute between you and Us, our affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Online Ordering Services or these Online Ordering Terms ("Dispute"), will be resolved by this dispute resolution procedure and arbitration agreement ("Arbitration Agreement").
b. Right to Bring Small Claims in Court. Instead of arbitration, either you or We may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
c. How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules.
d. Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and We agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and We hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
e. Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Us and/or use of the Online Ordering Services ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
These Online Ordering Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.
If any provision of these Online Ordering Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it will not impact the validity and enforceability of any other provision of these Online Ordering Terms, all of which will remain in full force and effect. Failure of Us to exercise or enforce any right or provision of these Online Ordering Terms will not constitute a waiver of such right or provision in that or any other instance.