Last updated: Jan 6, 2019
Please read these Terms and Conditions ("Terms", "Agreement", "Terms and
Conditions") carefully before using the https://www.cartana.net
https://cartana.co, the web sites created for the restaurants or stores ("Vendor") that fulfill the orders,
the Cartana mobile applications and the Cartana POS devices (the "Services", "the Sites")
operated by Cartana LLC ("Cartana").
Your access to and
use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors,
users and others who access or use the Service.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.
You may only use the Services to order if you are the authorized
holder of the credit card used for payment or an authorized
user of a corporate account and if you are able to form a
binding contract with us. In addition, 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 Service,
and your parent or legal guardian must read and agree to this
Agreement prior to your using the Service. Notwithstanding the
foregoing, you are prohibited from using the Service if you are
under the age of 13.
Use of the Sites to order
requires that you register and/or create an account
("Account"). To register and create an Account, you must create
a username and password and provide certain personal
information. In consideration of the use of the Sites'
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 Cartana has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Cartana has the right to
block your current or future use of the Sites (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 Cartana 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. Cartana 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.
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Cartana offers no guarantee by this time. Cartana is not responsible for any delays in receiving your Order for any reason. If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. The right is reserved of Vendor to require, valid government-issued photo identification, matching the name on the order, proving your age to the courier and that the recipient will not be intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Merchant then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discretion of the Vendor.
For the online ordering, we accept Visa, MasterCard, American Express, and Discover credit card if the Vendor chooses online payment. In order to protect our customers from credit card fraud, the billing address on your order form must match the billing address to which your monthly credit card statement is mailed. All Cartana online transactions are secured with industry-standard SSL data encryption that supports 128-bit encryption. If an order is not paid online, you must pay at the restaurant or pay the driver who delivers the order. You are obligated to pay for the order you made using the Sites unless the Vendor cancels the order.
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.
If you use our Sites and Services, Cartana may communicate with you via voice call, electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy. If you make an order using the Sites, a valid phone number (either voice or smart phone) must be provided. When you provide a phone number, you agree that Cartana can perform a certian validation process such as an automatic voice call or a text message to your phone.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. Cartana does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Sites.
Cartana reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Sites, restaurants, and/or Vendors. Cartana shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Sites by viewers or users ("User Content"), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Cartana, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. Cartana does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Cartana be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
The Services may contain links to third-party web sites or
services that are not owned or controlled by Cartana.
Cartana has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party
web sites or services. You further acknowledge and agree that
Cartana shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such web
sites or services.
All pricing subject to change. For all prices, products and offers, Cartana reserves the right to make adjustments due to changing market conditions, vendor discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Cartana uses reasonable efforts to include accurate and up-to-date information on the Sites, Cartana makes no warranties or representations as to the Site's accuracy. Cartana assumes no liability or responsibility for any errors or omissions in the content on the Sites.
It is the Cartana member's responsibility to read and understand the terms and conditions regarding the Reward Program provided by participating Vendor, outlined below.
If you need further information or clarification, please contact us via email using the online form provided at the end of this page.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the "Cartana Content" ) are provided to User by Cartana or its partners or licensors solely to support User's permitted use of the Services. The Cartana Content may be modified from time to time by Cartana in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Cartana Content by User shall constitute a material breach of this Agreement. Cartana and its partners or licensors retain all rights in the Services and Cartana Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Cartana or any third party is granted under this Agreement.
Cartana reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the "Terms of Use" tab ("Updated Terms"). If we make a material change to the Agreement, we may notify you electronically. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local 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 Ohio, without regard to its conflict of laws principles.
If you have any questions about these Terms, please click contact us.
Updated and Effective Jan 6, 2019
We are concerned about privacy issues and want you to be familiar with how we collect, use and disclose Personal Information (as defined below). This Privacy Policy describes our practices in connection with privacy and the Personal Information that we collect through the web sites, www.cartana.net, cartana.co, all the web sites hosted by Cartana for participating restaurants or businesses, the related Cartana mobile apps or devices, and selected other domains (collectively, the "Sites"). Except as indicated below, this Privacy Policy does not address the collection, use or disclosure of information by us or by third parties on any web sites other than the Sites. As used in this Agreement, "Cartana", "we," "us," and "our" shall mean Cartana LLC.
By accessing and/or using the Sites, you agree to all the terms and conditions of this Privacy Policy. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Sites. We may change this Privacy Policy from time to time and without prior notice, except that if we make a material change, we will notify you prior to the effective date of the change. Changes to this Privacy Policy will be effective as soon as they are posted, unless a later Effective Date is provided. By continuing to access and/or use the Sites after the Effective Date of a revised Privacy Policy, you agree to be bound by the revised Privacy Policy. For clarity, if you do not agree to the new terms of the Privacy Policy, do not continue using the Sites. The most current version of this policy will always be posted on the Sites.
1.What Types of Information Do We and Our Third Party Service Providers Collect From You?
Personal Information is information such as your name, tied to a postal address, telephone number, email address, and date of birth, or other data that, when taken together, can uniquely identify you. Personal Information also includes certain sensitive information related to your finances or, for business accounts, related to the finances of your employer, such as a credit card number or other payment account number (including the three (3) or four (4) digit validation code for your credit card). In order for you to take advantage of the services provided through the Sites, we may require that you furnish Personal Information or, for business accounts, that your employer furnish Personal Information for you. We and our third party service providers collect your Personal Information when you voluntarily provide it to us or, for business accounts, when your employer provides it to us.
Non-Personal Information (or "Non-PII") is aggregated information, demographic information and any other information that does not uniquely identify you. We and our third party service providers may collect your Non-Personal Information, including information about the device you are using in accessing and/or using the Sites, information from referring web sites, and your interaction with the Sites. We and our third party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. This collective information constitutes Non-Personal Information.
Cookies and Other Technology A cookie is a small piece of data that is sent by the Sites to your Internet browser and stored on your computer's hard drive, and that delivers information about you and your activity on the Sites. Pixel tags and web beacons are small graphic files that can function in various ways (such as allowing us to track how you view an email that we send you, and track your activity on the Sites) and are commonly used in conjunction with cookies. We, our third party service providers and other third parties detailed below under "How Do We and Our Third Party Service Providers Use Information Collected From You?" may use cookies, pixel tags, web beacons, and other similar technologies to better serve you with more tailored information and to facilitate your ongoing use of the Sites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP) and is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.
2.How Do We and Our Third Party Service Providers Use Information Collected From You?
Personal Information. We and our third party service providers may use your Personal Information and any third party's Personal Information that you may provide, as applicable:
Non-Personal Information. Because your Non-Personal Information does not personally identify you, we and our third party service providers may use such information for any purpose. For example, we may work with third parties for the purpose of advertisement delivery on the Sites, including online behavioral advertising ("OBA") and multi-site advertising. The Non-Personal Information collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services.
In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third party service providers may combine Non-Personal Information with Personal Information. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).
3.Other Important Notices Regarding Our Privacy Practices.
Forums and Profiles. We and our third party service providers may make available through the Sites certain services (for example, message boards, reviews, chat functionality, "profile pages" and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to visitors to the Sites and to the general public, including without limitation the ratings and reviews that accompany many restaurant listings and the comments section of our blog posts. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE THROUGH THE SITES.
Third Party Sites. Except as expressly set forth herein, this Privacy Policy does not address, and neither we nor our third party service providers are responsible for, the privacy, information or other practices of other websites and/or any third parties, including without limitation any of our affiliates and/or any third party operating any site to which the Sites contains a link. The inclusion of a link to a third party website on the Sites does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third party websites, including by providing any information, materials and/or other content to such sites, is entirely at your own risk.
Security. We and our third party service providers use reasonable organizational, technical and administrative measures to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.
Unsubscribe. If you do not wish to receive marketing-related emails or SMS text linked web pages from us, you may unsubscribe from receiving them by clicking on the "unsubscribe" link at the bottom of any of those emails or the web pages linked by URL within the SMS message.
Changing Personal Information. You may review, correct and/or update certain elements of your Personal Information by adjusting your preferences in the "Setting->Update Your Profile" section of cartana.co. We and our third party service providers are not responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have shared your Personal Information.
Retention Period. We and our third party service providers will retain Personal Information for the period reasonably necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
Note Regarding the Use of the Site by Children. Under no circumstances are the Sites directed to and/or intended for use by individuals under the age of thirteen (13). Such individuals are prohibited from using the Sites and should not provide Personal Information through the Sites.
Disclaimer. If you choose to access the Sites, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.
California Privacy Rights. If you are a user of the Sites and a California resident, California's "Shine the Light" law (California Civil Code 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.
Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email by clicking "Contact" of the website www.cartana.net or write to the following address:
Cartana LLC Attention: Privacy Team 912 LOVELAND MADEIRA RD, LOVELAND, OH 45140