Terms_of_use | Lunch with Lou - School Lunch Provider, Westchester, NY

TERMS OF USE

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY LUNCHWITHLOU.COM (“LUNCHWITHLOU”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.LUNCHWITHLOU.COM (THE “FACILITY”) AND ALL SERVICES PROVIDED BY LUNCHWITHLOU.COM ON THE FACILITY.

By using the Facility in any manner, including but not limited to visiting or browsing the Facility, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Facility, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Facility.

USE OF THE FACILITY
(A) Gotomylunch.com is the website contracted by Lunchwithlou to provide an online ordering system for the schools.
(B) Gotomylunch.com never touches you Credit Card information. All payment transactions are processed by Lunchwithlou merchant account using stripe.com.
(C) Gotomylunch.com acts as a venue to allow its customers to create, manage and sell school lunches online.
(D) You can use the Website to pay order(s) of your child(ren) or other member at participating schools. The Facilities may not be used by anyone who is not at least 18 years old.

Password:
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Lunchwithlou of any unauthorized use of your password or any breach of security. You also agree that Lunchwithlou cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

PAYING FOR YOUR ORDER
(A) You may make Payment by using almost any kind of credit and debit card. Currently, we accept Visa, MasterCard, American Express, JCB, Discover and Diners Club. You may also pay by gift and prepaid cards that are one of the above types.
(B) A $1.00 Service charge is charged for all payments through the On-line system. This fee allows us to bring this service to you.
(C) Parents ordering for multiple children: When you make only one payment for multiple children, the service charge will only be charged on the first order.
(D) Only the orders paid will be processed and send to school.
(E) If you don’t pay, your child will not have lunch.
(F) if you don’t want to place an order on-line and pay by credit card, you need to call Lunch with Lou 914-899-3326 to arrange a different type of payment.

SECURITY
(A) The security of your personal information is very important to us. In an effort to protect your personal information, we use Secure Sockets Layer (SSL) technology with 256 bit encryption. If your browser supports SSL (most current browsers do), it will automatically encrypt the information you provide to us on the secure pages on our site, before sending it over the Internet.

REFUNDS
(A) Refunds might be available only if you cancel your order until two days before the beginning of the month ordered.
(B) Refunds take about two through four days to be processed into the customer’s bank.
If you have any question about refunds, please contact us by:
e-mail: info@lunchwithlou.com or Telephone 914-899-3326

By Mail:
45 Rogers Drive
New Rochelle-NY 10804

PERSONAL INFORMATION WE COLLECT ONLINE
(A) When you make a purchase on lunchwithlou.com, we ask for your name, address, phone number, email address and other personal information necessary to fulfill and track your order. For purposes of billing, you will need to provide your credit card type, number, expiration date.
(B) You also may create an account through lunchwithlou.com at any time by providing your email address and designating a unique access password. Creating an account allows you to save certain personal information, so that you can track the status of your orders and set your ordering preferences. For your privacy and security, we do not store credit card numbers for any reason.

PROTECTING YOUR IDENTITY
(A) We recognize how important it is to protect your identity from unlawful use, and shield your accounts from fraud and unauthorized access. With that in mind, you can be assured that it’s not our practice to:

Send e-mail that requires you to enter personal information directly into the e-mail
Send e-mail threatening to close your account if you do not take the immediate action of providing personal information
Send e-mail asking you to reply by sending personal information
Share your name with any contacts outside our firm in a manner inconsistent with our Policy

ERRORS ON OUR SITE
(A) Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Lunch with Lou reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lunch with Lou will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

SERVICE ACCESS & TECHNICAL SUPPORT

Website Access is normally available 24 hours a day, the Facility shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.

Access to the Website and the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Facility’s control.

The Facility will provide technical support to then current subscribers to the Service by email only. Technical support will only be provided for bugs or errors in the Service that are reproducible by the Facility. You agree to provide the Facility with full and accurate details of all bugs and errors in the Service requested by the Facility. You acknowledge that the Facility provides no warranty that all or any bugs or errors in the Service will be corrected.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(A) THE FACILITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY THAT THE FACILITIES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE FACILITIES. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES.
(C) IN NO EVENT WILL WE BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FACILITIES.

NO GUARANTEE
Lunchwithlou does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Lunchwithlou’s control.

INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD LUNCHWITHLOU AND (AS APPLICABLE) LUNCHWITHLOU’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.