Term & Conditions
These application Standard Terms and Conditions written on this page shall manage your use of this application. These Terms will be applied fully and affect to your use of this app. By using this application, you agreed to accept all terms and conditions written in here. You must not use this app if you disagree with any of these Terms and Conditions.
Minors or people below 12 years old are not allowed to use this application.
2. Intellectual Property Rights
Other than the content you own, under these Terms, Kantina Inc and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material contained on this Website.
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 Kantina Inc 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.
4. 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 Kantina Inc 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. Kantina Inc reserves the right to remove any of Your Content from this Website at any time without notice.
5. Contractors and Merchants Are Independent
You understand and agree that Kantina provides a technology platform connecting you with independent food service providers and others that provide the products offered through the Services ("Merchants"), and independent third-party contractors who provide delivery services ("Contractors"). You acknowledge and agree that Kantina does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the retailer; the services offered by Kantina pursuant to this Agreement do not include any retail services or any food preparation services. Kantina is not in the delivery business nor is it a common carrier. Kantina provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. Kantina will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that Kantina is not responsible for the Merchants' food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and does not verify Merchants' compliance with applicable laws or regulations. Kantina has no responsibility or liability for acts or omissions by any Merchant or Contractor.
You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant's location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Kantina holds title to or acquires any ownership interest in any goods that you order through the Services.
6. Payment & Refunds
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Kantina Inc will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.
All Charges and payments will be enabled by Kantina Inc using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Kantina Inc may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Kantina Inc.
7. Limitation of liability
In no event shall Kantina Inc, 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. Kantina Inc, 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.
You agree to indemnify and hold harmless Kantina and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys' fees incurred by the Indemnified Party. Kantina reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kantina in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Kantina MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
Kantina DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Kantina SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
10. Variation of Terms
Kantina Inc 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.
The Kantina Inc 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.
12. Entire Agreement
These Terms constitute the entire agreement between Kantina Inc and you in relation to your use of this Website, and supersedes all prior agreements and understandings.
13. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.