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Terms of Service

Terms of Service

Last updated: August 8, 2021

These Terms of Service (“Terms”) govern your use of the website and services (collectively, the “Site”) owned and operated by Colony Cooks Management LLC (referred to as “Colony,” “we,” or “our” as applicable) that displays or links to these Terms. You (on behalf of yourself and any organization you represent) automatically agree to these Terms simply by visiting, viewing, or using the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR PLACING ANY ORDER THROUGH THIS SITE. YOUR USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

Please note that Section 15 of these Terms contains an arbitration clause and a class action waiver provision. It affects how any disputes between you and Colony would be resolved.

1. General

By accessing or using this Site in any way, including without limitation, browsing this Site, placing an Order (as defined herein), using any information, and/or submitting any content or personal information to the Site, you agree to and are bound by these Terms, as updated from time to time. By using the Site, you affirm that you are more than 18 years of age and agree to abide by and comply with these Terms. Please review these Terms carefully and periodically for any updates or changes as terms may change without notice. YOUR CONTINUED USE OF THIS SITE FOLLOWING CHANGES MADE TO ANY OF THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

2. Terms of Sale

(a) Orders, Merchants, and Delivery

The Site allows you to place orders for pickup or delivery — including individual orders, scheduled orders for a future time, and group orders placed with others (each, an “Order”) — from member restaurants and food brands participating on the Site (each, a “Merchant”). Merchant, not Colony or its vendors that provide services to operate this Site, is the seller of its food and products, and as such, Colony is not responsible or liable for the food or products or any Order or attempted Order, in whole or in part, made in connection with this Site. You hereby release and agree to hold Colony and its officers, directors, employees, agents, successors, divisions, distributors, suppliers and affiliates harmless from any and all liability for any damages, costs, expenses or losses arising out of or incurred in connection with any products and services offered by a Merchant through the Site and any Order submitted by you. You agree that when you purchase food and products on the Site, title to the food and products passes from Merchant to you at the Merchant’s location. Colony does not hold or acquire title or ownership in any food or products that you order through the Site. THE FOOD PRODUCTS AND OTHER GOODS ARE OFFERED ON AN “AS IS,” AND “AS AVAILABLE” BASIS.

Where delivery is available, delivery is performed by independent third-party contractors and/or third-party delivery networks and services (each, a “Contractor”). You acknowledge and agree that Colony does not itself deliver food or products or offer a delivery service, and neither Colony nor its vendors that provide services to operate this Site have responsibility or liability for the actions of any Contractor. You hereby release and agree to hold Colony and its officers, directors, employees, agents, successors, divisions, distributors, suppliers and affiliates harmless from any and all liability for any damages, costs, expenses or losses arising out of or incurred in connection with any products and services offered by a Contractor to fulfill and deliver any Order submitted by you. You agree that when you purchase food and products on the Site, a Contractor will be directed by your instructions to transport the food and products to your designated delivery location, but does not acquire any ownership interest in any food or products from your Order. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACTS OR OMISSIONS BY ANY MERCHANT OR CONTRACTOR.

You are responsible for providing an accurate delivery address and contact information and for being available to receive your Order. Delivery may be limited to defined delivery zones; if your address falls outside an available zone, pickup may still be offered. Group order organizers are responsible for the full Order placed through their group, including items added by participants, unless an individual-pay option is offered and selected, in which case each participant is responsible for their own portion.

(b) Fees, Taxes, and Charges

By placing an Order, you accept all the terms and conditions in these Terms and/or applicable to the Order. You are responsible for paying all fees and applicable taxes associated with any Order you submit as such fees and taxes become due with a valid payment method. The prices of the food and products set forth on the Site are subject to change. The final charges for each Order may contain additional processing, service, and/or delivery fees as dictated by Merchant or any third-party payment processor. When you place an Order, prior to final submission, you will have an opportunity to review the final Order and accept the fees charged. Unless otherwise stated all fees are in U.S. Dollars. ALL SALES ARE FINAL. If technical problems or any other problems prevent or unreasonably delay processing or delivery (if applicable) of any Order, your sole and exclusive remedy is a refund of the price paid.

(c) Payment Methods

To submit an Order, you must have a valid payment method and be an authorized user of that payment method. We accept payment through supported credit and debit cards and, where available, digital wallets. Payments are processed by our third-party payment processor; Colony does not store your full card number. Prior to the placement of any Order, you must provide (or have on file) a valid payment method, the name associated with it, and any information necessary to charge it. By placing an Order, you authorize us and our payment processor to charge your selected payment method for the items, applicable taxes, delivery and service fees, and any tip. Some situations may result in your Order being cancelled, including without limitation problems with respect to your payment information.

(d) Special Offers; Promo Codes

Occasionally Merchants may make available through the Site special promotions of Merchant, which may include without limitation promotion or promo codes, or other promotional activity associated with an Order. These offers may be for a limited time only and are subject to change, alteration or termination by Merchant in its sole discretion at any time. Merchant, not Colony, is offeror of such promotions, and as such, Colony is not responsible or liable for the promotions, promotion codes or other special offers, in whole or in part, made in connection with this Site. Colony reserves the right, in its sole discretion, to not permit a promotion, promotion code or other special offer in connection with your Order and may charge you the full non-discounted amount for an Order even if you have provided a promo code or other discount information in connection with such Order.

(e) Tips

The Site may allow you to add an optional tip to your Order. Tips are voluntary and, where offered on delivery Orders, are intended for the Contractor or delivery person fulfilling your Order. Any default tip amount shown at checkout may be adjusted or removed by you before you submit your Order.

(f) Text Messages and Communications

When you create an account, place an Order, or otherwise provide your mobile phone number, you consent to receive transactional text (SMS) messages from us and our service providers relating to your account and Orders — such as verification codes, Order and delivery status updates, and communications with Merchants or Contractors, which may be exchanged through masked or proxy phone numbers. Message frequency varies. Message and data rates may apply. You can opt out of non-essential messages at any time by replying STOP, or reply HELP for help; opting out of certain messages may affect our ability to provide Order updates. Consent to receive marketing or promotional text messages, if any, is not a condition of any purchase.

3. User Names and Passwords

In order to access certain features on this Site and to place an Order, you may be required to create an account. You are responsible for protecting and maintaining the secrecy of your account credentials, including your username, password, and any one-time verification codes sent to you. Colony will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities that occur under your account, whether or not you have authorized such activities. You agree to immediately notify Colony of any unauthorized use of your account. Colony reserves the right to terminate any account at any time for any reason.

4. Site Content

(a) Except for Merchant or Contractor content, Colony owns and reserves all rights related to the contents of the Site. Colony, its Merchants, its Contractors, and its vendors own the rights to their respective logos, trademarks, and service marks contained on this Site. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, icons, artwork, messages, video, graphics and the HTML used to generate the pages contained within this Site (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws.

(b) Except as provided in these Terms, you may not use, modify, download, upload, copy, republish, frame, print, display, perform, reproduce, license, publish, delete, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, for any commercial or public purpose, without the express written permission of Colony.

(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available. Further, the inclusion of any products, goods, restaurants, items, descriptions, or locations on this Site at a particular time does not guarantee that the products, goods, restaurants, items, descriptions, or locations will be available. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

(d) Certain materials and designations on this Site may be furnished by third parties, including advertisements, or mentioned for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners. Colony is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary rights arising out of content posted on or transmitted through this Site, or items or products listed on this Site, by third parties.

(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.

(f) Any feedback, comments, or suggestions you may provide regarding the Site or services available via the Site is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

5. User Conduct

By using this Site, including placing an Order through the Site, you agree that you shall not:

  • delete, modify, hack or attempt to change or alter any of the Content on the Site;
  • use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
  • use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
  • use any of Colony’s, its Merchants’, Contractors’ or its vendors’ names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
  • use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;
  • impersonate any third party or provide false information on your account information; or
  • use this Site in violation of any applicable law.

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your access to the Site (with or without refunding any payments you have made at our discretion), prohibit you from using the Site, and take appropriate legal action.

6. Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print materials and information available on this Site subject to the following conditions:

  • the Content is used solely for personal, informational, or non-commercial purposes;
  • the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
  • all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
  • the Content is not modified or altered in any way; and
  • no graphics are used separately from accompanying text.

7. Linking

You may also link or hyperlink to the Site from any Acceptable Site (as defined below), but only if:

  • (a) the hyperlink to the Site is not used in a way that suggests that Colony endorses you or your website;
  • (b) the link to the Site is not used or presented in any way that disparages Colony or tarnishes, blurs or dilutes the quality of Colony’s names or trademarks or any associated goodwill; and
  • (c) the link to the Site is not displayed on any web page that displays objectionable content or links.

An "Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

8. Termination of Site / Modifications to Site

We reserve the right to modify or terminate your access to the Site (or portions of the Site) at any time, with or without notice to you, and including by discontinuing support for the Site. Sections 1-2, Sections 4-7, and Sections 9-16 of these Terms and the Privacy Policy shall survive any termination. You acknowledge and agree that Colony will not be liable to you or any third party in the event that Colony exercises its right to modify or terminate access to the Site or portions of the Site.

9. Other Sites, Content, Products and Services

As a convenience to you, this Site may provide links to web sites and access to content, products and services of third parties, including without limitation Colony’s affiliates, advertisers, vendors, partners, Contractors, and Merchants and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Colony does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Colony, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; (d) your dealings with any third parties found on or through this Site; and (e) the accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. The fact that Colony offers such links should not be construed in any way as an endorsement, authorization or sponsorship of that site or its content, products or services.

10. Typographical Errors

This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Colony and its Merchants therefore reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotional offers, descriptions, or any other information without obligation to issue any notice of such changes.

11. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE (WHETHER PROVIDED BY COLONY, MERCHANTS, COLONY’S VENDORS OR CONTRACTORS, YOU, OR THIRD PARTIES) ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS. COLONY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COLONY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, GOODS, ORDERS OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED; (F) THAT ALL ORDERS WILL BE FULFILLED; OR (G) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, GOODS, ORDERS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK.

12. Limitation of Liability

IN NO EVENT SHALL COLONY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM ANY ORDER, YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF COLONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, ERRORS, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLONY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED (A) THE AMOUNT PAID BY YOU TO COLONY OR A MERCHANT FOR THE GOODS, SERVICES, OR PRODUCTS GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00) (WHICHEVER IS LESS).

13. Indemnity

By using this Site, you agree to indemnify, defend and hold Colony, its affiliates, shareholders, directors, officers, employees and agents (collectively, the “Colony Indemnitees”) harmless from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to (i) your use of or access to this Site and/or any Content; or (ii) your violation of these Terms. You agree to cooperate as fully as reasonably required in the defense of any claim. Colony reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Colony Indemnitees.

14. Limitation on Actions Brought Against Colony

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Colony to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

15. Dispute Resolution

These Terms shall be governed exclusively by the laws of the State of California, without regard to its conflicts or choice of law rules. EACH PARTY ALSO HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION RELATED TO THESE TERMS. All disputes or claims arising out of or related to these Terms shall be determined exclusively by arbitration in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator. Such arbitration shall be conducted in Los Angeles, California. The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided for in the rules of JAMS, and judgment on the arbitration award may be entered into any court having jurisdiction. Each party shall bear its own legal fees and costs. Notwithstanding the foregoing, a party may seek injunctive relief from any court of competent jurisdiction pending the outcome of any dispute resolution procedure set forth in this section. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and Colony agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, GROUP, OR REPRESENTATIVE ACTION. WE ALSO BOTH AGREE THAT NOTWITHSTANDING OUR AGREEMENT TO ONLY ARBITRATE DISPUTES AS STATED ABOVE, YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

ARBITRATOR SHALL NOT AWARD ANY PARTY DAMAGES THAT ARE INCONSISTENT WITH THESE TERMS. BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Los Angeles, California.

16. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Colony’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Colony on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. The Site may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

17. Acknowledgement; Copyright Protection; Contact Information

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. If you have any questions about these Terms, the practices of Colony, or your dealings with this Site, please contact us through the details below. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please contact us using our contact details below.

Colony Cooks Management LLC
11419 Santa Monica Blvd, Los Angeles, CA 90025
+1 (424) 346-1420
info@colonycooks.com