Terms
By accessing or using this mobile application (the “App”, i.e. “Voice Ordering System”), the merchant dashboard for service providers (the “Dashboard”), and/or the website (the “Website”, i.e. https://expertreasoningsystems.com) (collectively, the “Services”) associated with Expert Reasoning Systems or making any purchases on or through the Services, you agree:
• to be bound by these Terms and Conditions of Use;
• you are, and shall remain, responsible for compliance with all applicable laws and regulations; and
• that if you are agreeing to be bound by these Terms and Conditions of Use on behalf of your employer or other entity, you represent and warrant to Expert Reasoning Systems that you have legal authority to bind that entity to these Terms and Conditions of Use.
If you do not agree with any of the terms and conditions herein, you must forego using or accessing the Services. The associated Privacy Policy (at https://expertreasoningsystems.com/privacy-policy/) is incorporated herein by reference and forms an integral part of this agreement. As described more fully below, the materials contained in these Services are protected by applicable copyright and trademark law.
Our Services
The Services connect you with local vendors and merchants to provide you with products, goods, and services that local vendors and merchants provide. You may order food, drink, and beverages from these local vendors and merchants through the Services. Expert Reasoning Systems is not a restaurant or food, beverage, or drink preparation entity.
Use License
Expert Reasoning Systems grants you permission to temporarily use the materials, information, and software on this Services (“Materials”) so long as you use the Materials as permitted by your merchant agreement or for personal, non-commercial (except for transacting via the Services) transitory viewing only. You agree and acknowledge this is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the Materials;
• use the Materials for any commercial purpose except as permitted herein, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any Materials or the Services;
• knowingly upload any files that contain software viruses or other harmful computer code;
• use the Materials or the Services to send unauthorized messages including spam, to harass or engage in illegal conduct, or to induce others by means of deceit or fraud to transact via the Services;
• interfere with the operation of Expert Reasoning System’s web servers, website, merchant application, consumer application, computers, or network connections;
• use the Services to purchase alcohol products or goods;
• remove any copyright or other proprietary notations from the Materials; or
• transfer the Materials to another person or “mirror” the Materials on any other server.
This license shall automatically terminate if you violate any of the above restrictions or any other term or condition of this Terms and Conditions of Use policy, and Expert Reasoning Systems reserves the right to terminate your viewing or use of the Materials, or the use of this Services, at any time. Upon terminating your viewing and use of the Materials, or upon the termination of your license, you must delete any Materials in your possession whether in electronic or printed format. If you do not delete all Materials in your possession upon termination of this license, or upon termination of your viewing and use of the Materials, you will be in breach of this Terms and Conditions of Use policy and Expert Reasoning Systems may take appropriate actions, including but not limited to legal action.
Ownership
The Materials and the Services consist of copyrighted works owned by Expert Reasoning Systems. Subject to the license granted to you and other users, Expert Reasoning Systems reserves all other rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Materials. Expert Reasoning Systems has created, owns, has licensed, or otherwise has rights to use all of the content that appears in the Materials. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Materials.
Payments
We collect data necessary to process your payment such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by a secure third-party payment gateway. We do not store your payment information, and we only share that information with our secure third-party payment gateway in order to process the payments or refunds required for your account. Expert Reasoning Systems cannot guarantee the accuracy of payment information, which is the responsibility of the parties, and cannot be responsible for delay or interruption of payments due to inaccurate information. When you provide payment information to the Services, you consent to transactions initiated by you and enabled by the Services. Payment features are enabled through our secured third-party payment gateway, Stripe, which may request additional payment information from time-to-time to enable certain features of the Services, which features may become unavailable if you do not provide such additional information.
Because orders, payments, and refunds, incorporate Stripe services, by using the Services, you also agree to be bound by Stripe’s Terms and Conditions and Privacy Policies, available at: https://stripe.com/us/connect-account/legal.
Disclaimer
The Materials on Expert Reasoning System’s Services are provided “as is with all faults,” without warranty of any kind, and Expert Reasoning Systems hereby disclaims all warranties and conditions with respect to the Materials whether expressed or implied. Expert Reasoning Systems hereby expressly disclaims any implied warranties or title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Expert Reasoning Systems does not warrant against interference with your enjoyment of the Services, the availability of content, that the functions of the Services will meet your requirements, that the Services is free of viruses or other harmful components, that the operation of the Services will be uninterrupted or error-free, that defects in the Services will be corrected, or that the functions contained in the Services will function with other websites or mobile applications. No oral or written information or advice given by Expert Reasoning Systems or an Expert Reasoning Systems authorized representative shall create a warranty. If a jurisdiction does not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, then the above exclusion will not apply. Expert Reasoning Systems does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Services, or otherwise relating to such Materials or on any websites or applications linked to this Services.
Limitation of Liability
To the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Expert Reasoning Systems or its agents, officers, directors, employees, successors, assigns, or affiliates be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, lost data, damaged data, inaccurate data, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of, or related to, your use or inability to use the Services, however caused, regardless of the theory of liability (tort, contract, or otherwise) and even if Expert Reasoning Systems has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability on implied warranties, or limitations of liability for consequential or incidental damages, so these limitations may not apply to you. In no event shall Expert Reasoning System’s total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of monies paid for your access to the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification
By accessing this Services you hereby agree to indemnify, hold harmless, and defend Expert Reasoning Systems, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand, or liability, including without limitation, reasonable costs and attorneys’ fees, which arise or result from your use of the Services, your order or consumption of products or goods, your breach of this Terms and Conditions of Use policy, or your unauthorized use of the Services.
No Price Guarantees
The prices for food, beverage, and services shown on Expert Reasoning System’s Services are those provided to Expert Reasoning Systems by various participating food and beverage service providers (the “Partners”). It is the Partners’ responsibility to provide Expert Reasoning Systems with up to date pricing. Expert Reasoning Systems encourages its Partners to keep Expert Reasoning Systems apprised of price changes and to honor the prices posted on Expert Reasoning System’s Services. Expert Reasoning Systems may put a hold on your credit card to cover any discrepancies. However, you hereby understand and agree that Expert Reasoning Systems is not be responsible for any price difference between prices on the Expert Reasoning Systems Services and the actual prices charged by Expert Reasoning Systems Partners.
You will be charged a service charge, or transaction fee, for every product you order: this fee is calculated as 6% of the order total excluding taxes. This service charge will be listed as a line item upon confirming your order.
Two Types of Orders
The App allows its users to make two types of orders: “Flexi-Orders” and “Contingent Orders”. When you use the App to make a Flexi-Order, you are charged once you choose either “Buy it Now” (by selecting the button or by voice input) or “Place Order”. In the event that the the Partner merchant who fulfills the order does not have all necessary ingredients to fulfill the order as specified, the merchant is then free to make reasonable substitutions while fulfilling the order. When you use the App to make a Contingent Order, you are not charged for the purchase at that time. The merchant will receive the order electronically, and will determine whether or not the order can be filled. If the order can be filled, the merchant will mark the order as “confirmed”, and subsequently you will receive a notification and your saved payment method will be used to charge you for the order. If the merchant cannot fill the order as specified, the merchant may decline the order, in which case you will be notified that the order has been cancelled and you will not be charged. However if you have provided your phone number during sign-up, and if the merchant is able to make a substitution for some part of the order, the merchant will have the option to contact you by text or by phone to ask if you would like the merchant to fill the order with the substitutions. After the conclusion of this phone or text exchange, the merchant will either discard (cancel) or approve the order, and you will subsequently be notified as described above. By providing a phone number and using the App to make a Contingent Order, you hereby agree to be contacted by the merchant whose shop you use when making this type of order. The App contains an Order Options page wherein, for each order you make, you are able to select, by touch or by voice, the option to designate the order as “Flexi-Order” (the default) or Contingent Order.
Return Policy
If there are problems with your food or beverage order placed on any Expert Reasoning Systems Services, please contact us at: support@expertreasoningsystems.com. Expert Reasoning Systems is not responsible for returns. The Partner where you perform your purchase will have the ability to refund your order either in full or partially. Expert Reasoning Systems is not liable for any charges, delivery, and food and beverage quality of any orders placed on Expert Reasoning Systems Services.
Revisions and Errors
The Materials on the Expert Reasoning Systems Services may include technical, typographical, or photographic errors. Expert Reasoning Systems does not warrant that any of the Materials on its Services are accurate, complete, or current. Expert Reasoning Systems may make changes to the Materials contained on its Services at any time without notice. However, Expert Reasoning Systems is not obligated to update the Materials.
Third Party Content
You understand that the Materials and Services may feature content from third parties. Expert Reasoning Systems may provide links on the Materials and Services to third party websites. Expert Reasoning Systems makes no representation or warranty regarding any content or services provided by any third party even if linked to from our Materials or Services, and Expert Reasoning Systems will not be liable for any claim relating to any third-party content, goods, and/or services. The linked websites are not under the control of Expert Reasoning Systems and the linked websites may collect data or solicit personal information from you. Expert Reasoning Systems is not responsible for the content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those websites may collect. All links to websites on the Expert Reasoning Systems Services do not imply Expert Reasoning System’s endorsement of the website. You assume all risk associated with the use of any linked website from the Expert Reasoning Systems Services.
Registration as a User of the App
In order to use and access certain features of the App, you will need to become a Registered User by creating a user account. For purposes of the Agreement, a “Registered User” is a user who has registered an account using the App. In registering an account using the App, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Expert Reasoning Systems under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Expert Reasoning Systems by minors. You may not share your Account or password with anyone, and you agree to notify Expert Reasoning Systems immediately of any unauthorized use of your password or any other breach of security; and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Expert Reasoning Systems has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Expert Reasoning Systems has the right to suspend or terminate your Account and refuse any and all current or future use of Expert Reasoning Systems (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform. Expert Reasoning Systems reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Expert Reasoning Systems if you have been previously removed by Expert Reasoning Systems, or if you have been previously banned from any of Expert Reasoning System’s Services.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Expert Reasoning Systems.
Revision of Terms and Conditions of Use
Expert Reasoning Systems may revise these Terms and Conditions of Use for Services at any time without notice. By using these Services you hereby agree to be bound by the then current version of these Terms and Conditions of Use. You do not have the right to modify this Terms and Conditions of Use policy without Expert Reasoning System’s prior written consent.
Governing Law, Jurisdiction, Venue, and Attorneys’ Fees
Any action, claim, suit, dispute, or proceeding relating to Expert Reasoning System’s Services shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. All actions, claims, suits, disputes, or proceedings shall be brought in the federal or state courts in the State of Washington. You hereby irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and state courts in the State of Washington. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Washington and to the venue of any such action, claim, suit, dispute, or proceeding brought in any federal or state court in the State of Washington. If you breach any of the terms or conditions of this Terms and Conditions of Use policy, you hereby agree to pay all reasonable attorneys’ fees incurred by Expert Reasoning Systems in enforcing the terms and conditions of this Terms and Conditions of Use policy. The attorneys’ fees shall be paid by you irrespective of any damages recovered or relief afforded to Expert Reasoning Systems.
Waiver
No waiver of any term, provision, or condition of this Terms and Conditions of Use policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Marketing
Expert Reasoning Systems and its business partners may communicate with you with regard to products, promotions, and other services that may be of interest to you. This may include email or other communications. Expert Reasoning Systems may also solicit your opinion for market research purposes. You have the right to opt-out or unsubscribe from any marketing communications sent from us, by emailing us at support@expertreasoningsystems.com or clicking the “unsubscribe” button at the bottom of our marketing emails. Please note that you may not be able to opt-out of or unsubscribe from communications that are material to your account and are transactional.