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This Restaurant Agreement (the "Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (the "Restaurant"), and Sendfie Inc. and its affiliates (collectively, Sendfie), regarding the Restaurant's use of the Sendfie Application, currently located at
www.Sendfie.com (including the webpages contained or hyperlinked therein and owned or controlled by Sendfie, the "Sendfie Application"), and the Restaurant's inclusion in applicable services provided by Sendfie via the Sendfie Application (as determined by Sendfie from time to time and in its sole and absolute discretion) and such other media or media channels, devices, software, or technologies as Sendfie may choose from time to time (the "Sendfie Services").
The Restaurant agrees to provide, and thereafter maintain and promptly update for so long as the Agreement is effective, true, accurate, current and complete information regarding the Restaurant as is requested during the Restaurant's registration process via the Sendfie Restaurant Web Interface (the "Registration Process").
Sendfie may perform a variety of marketing activities to promote the Sendfie Application; provided, however, that all such marketing activities will be determined in Sendfie’s sole and absolute discretion and the Sendfie Restaurant Web Interface may be changed, without notice and from time to time, to reflect any such changes.
The Restaurant will provide Sendfie with the Restaurant's current menu, and any updates, changes, or modifications thereto (the "Restaurant Menu"), in such format as is requested by Sendfie (collectively, the "Marketing Materials") for Sendfie’s inclusion in the Sendfie Application and the Sendfie Services or for any marketing or advertising activities undertaken by Sendfie, in its sole and absolute discretion (the
"Sendfie Marketing Activities"). The Restaurant hereby grants to Sendfie a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a
right to sublicense, in connection with the Sendfie Application, the Sendfie Restaurant Web Interface , the Sendfie Services, or the Sendfie Marketing Activities; and, in connection with Sendfie’s exercise of the license rights granted by the Restaurant, Sendfie may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed. Sendfie does not assert
any ownership over the Marketing Materials; rather, as between Sendfie and the Restaurant, and subject to the rights granted to Sendfie herein, the Restaurant shall be the owner of its Marketing Materials and the intellectual property rights associated thereto.
The Restaurant acknowledges and agrees that the end-user customers of the Sendfie Services (the "Customers") may via the Sendfie Application, plan events, place “in dining” food and beverage orders for self, or guests, and pay and send pre-paid dining vouchers to guests prior to arriving at participating restaurant.
When the Customer purchase a Restaurant Voucher through the Sendfie Application, Sendfie will forward the voucher to Customer via email, SMS, the Customer’s “Purchased Sendfie” folder, or the “Sendfie Received” folder of the person the Customer designated as the recipient, and notifies the applicable Restaurant of the purchase via email. Restaurant Vouchers are subject to the selected Restaurant’s applicable terms and conditions. Unredeemed Restaurant Vouchers purchased through the Sendfie Application may be canceled within 24 hours of purchase for a full refund of the purchase price to the debit or credit card account used for the purchase. Customer may request a full refund within 48
hours of purchase for Unredeemed Restaurant Vouchers purchased through the Sendfie Application. No refund after 48 hours and Unredeemed Vouchers remain valid for use at the originally selected restaurant subjected to menu availability and the selected restaurant’s policy. Purchased vouchers can only be redeemed at the restaurant the Customer selects at the time of purchase and for the menu
Customer selected at the time of purchase and cannot be used at a restaurant or for a menu that
Customer did not select at the time of purchase.
Upon purchase of a Restaurant voucher by Customer, Sendfie will send written confirmation thereof to
the Restaurant via the email address currently in the Sendfie Restaurant Web Interface account
information or via such other delivery method as Sendfie and the Restaurant may agree upon (the
"Order Confirmation"), and which Order Confirmation contains a confirmation code for the Customer
Order. When the Customer presents the voucher for the pre-selected services, the Restaurant agrees to
scan the Customer voucher or manually enter the voucher code in order to show that the voucher was
submitted for the pre-selected services. Restaurant can view purchased voucher via its Sendfie
Restaurant Web Interface account.
Sendfie’s purchase and payment services allow Customers to plan events, place “in dining” food and
beverage orders for self, or guests, and pay and send pre-paid dining vouchers to guests prior to arriving
at participating restaurants. In order to use the Purchase and Payment Services at a participating
Restaurant, Users must: (1) install the Sendfie Application on a compatible mobile device; (2) create a
User account (3) select food and or beverage items from the selected restaurant menu; (3) provide valid
payment card information; and (5) have an Account in good standing. Once the payment is processed
the Customer receives a pre-paid dining voucher for use at the selected Restaurant. Customers may
only use the Payment Services to pay the full amount of the bill; no split checks or partial payments are
permitted. This Agreement does not alter Customers payment obligation to Restaurants. Restaurants
create their own prix fixe serving menus, set the price, customers choose the menu they like and pay
prior to arriving, without having to worry about the bill or splitting bills tableside - all that remains is to
enjoy their meal. Customers pay the price as listed by the restaurant, including applicable taxes and
gratuity. The Service Percentage to restaurants is 12.5% of Restaurant’s net sales (See “Service
Percentage” below) and the applicable processing fee is 2.9% + $0.30 per successful charge for all
permitted card merchants.
Restaurant receives payment immediately once processed. Restaurant portion is automatically
deposited in the Restaurant account provided to Sendfie minus Sendfie’s Service Percentage and the
applicable payment gateway processing fee (See “Processing fee” below).
The Service Percentage shall mean 12.5% of Restaurant’s Net Sales. "Net Sales" means the gross amount
charged by Restaurant to any customer that is attributable to any order through the Sendfie Service, less
all: (a) taxes (e.g., sales) other than taxes based upon Company’s net income, (b) gratuities, and (c)
amounts allowed or credited due to returns.
There is a 2.9% + $0.30 applicable Processing Fee for all permitted credit card transactions processed by
our partner payment gateway provider.
Notwithstanding anything to the contrary herein, the Restaurant is, and will be, responsible for all taxes,
payments, fees, and any other liabilities associated with the computation, payment, and collection of
taxes in connection with Customer Orders and the Restaurant's use of the Sendfie Application and the
Sendfie Services. The Restaurant shall be solely responsible for verifying amounts collected, filing the
appropriate tax returns, and remitting the proper amount to the appropriate taxing authorities. Sales
tax shall include any sales, use, privilege, gross receipts, restaurant, excise, or other tax due in relation to
the sale of food and beverages, including pick-up and delivery services (if applicable), by the Restaurant.
The Restaurant hereby represents, warrants, and covenants that:
Excluding the Marketing Materials, all of the content on the Sendfie Application and included in the
Sendfie Services (including without limitation, all source code, databases, functionality, software, the
Sendfie Application designs, audio, video, text, photographs and graphics, the "Sendfie Content"),
including the trademarks, service marks and logos contained therein ("Marks"), are owned by or
licensed to Sendfie, and are subject to copyright and other intellectual property rights under United
States and foreign laws and international conventions. All Sendfie graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks, common law trademarks or
trade dress of Sendfie in the U.S. and/or other countries. Sendfie' trademarks and trade dress may not
be used, including as part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of Sendfie. The Restaurant agrees not to
circumvent, disable or otherwise interfere with any security related features of the Sendfie Application
or the Sendfie Services, or any other features that seeks to either prevent or restrict the use or copying
of any Sendfie Content or enforce limitations on use of the Sendfie Application, the Sendfie Services, or
the Sendfie Content therein.
"Customer Data" means any and all identifiable information about purchasers generated or collected by
Sendfie or the Restaurant, including, but not limited to, purchasers' name, shipping addresses, email
addresses, phone numbers, and purchaser preferences and tendencies; and the Restaurant agrees that
the Restaurant will only use the Customer Data in fulfilling the applicable Customer Order and in
complying with the Restaurant's obligations in this Agreement, and the Restaurant agrees that Customer
Data will not be used to enhance any file or list of the Restaurant or any third party. The Restaurant
represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer
Data to any third party, in whole or in part, for any purpose whatsoever. The Restaurant agrees that it
will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling the
applicable Customer Order. The Restaurant (and any other persons to whom the Restaurant provides
any Customer Data) will implement and comply with reasonable security measures in protecting,
handling, and securing the Customer Data. If any Customer Data is collected by the Restaurant (or
otherwise on its behalf), the Restaurant shall ensure that it (and any applicable third parties) adopt,
For purposes of this Agreement, the restrictions set forth herein on the Restaurant's use of Customer
Data do not apply to: (a) data from any customer who was a customer of Restaurant prior to the
Restaurant using the Sendfie Application or the Sendfie Services, but only with respect to data that was
so previously provided to the Restaurant by such customer; or (b) data supplied by a customer directly
to the Restaurant who becomes a customer of the Restaurant and who explicitly opts in to receive
communications from the Restaurant for the purposes for which such Customer Data will be used by
Merchant; and, provided in all cases, that the Restaurant handles and uses such Customer Data in
This Agreement is effective upon the Restaurant's initial Registration Process and will remain in full force
and effect for so long as the Restaurant is included on the Sendfie Application as part of the Sendfie
Services. Either Sendfie or the Restaurant may terminate this Agreement any time, for any reason, with
or without notice by providing written notice to the other. Neither party shall have any liability to the
other party for damages suffered by a party as the result of any such termination. Sendfie will, as soon
as practicable following such termination (or notice thereof, if terminated by the Restaurant), remove
the Restaurant from inclusion in the Sendfie Services and the Sendfie Application.
Upon termination, each party shall promptly pay to the other any outstanding amounts owed for
applicable Customer Orders prior to such termination. Any provisions of this Agreement that, in order to
fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement,
shall be deemed to survive for as long as necessary to fulfill such purposes.
If there is a dispute between the Restaurant and a Customer, the Restaurant understands and agrees
that Sendfie is under no obligation with respect thereto, and the Restaurant, to the fullest extent
permitted by law, hereby releases Sendfie and its affiliates, and each of their respective officers,
directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify
each of the foregoing for any losses incurred in connection with, any and all claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant
or relating to this Agreement, the Sendfie Application, or the Sendfie Services shall be governed and
construed by the law of the State of New York, excluding such state's conflicts of law rules. Any legal
action of whatever nature by or against Sendfie arising out of or related in any respect to this
Agreement, the Sendfie Application, or the Sendfie Services shall be brought solely in the applicable
federal or state courts located in or with jurisdiction over New York County, New York, and the
Restaurant hereby agrees to such venue as the sole and exclusive venue for the resolution of any
disputes with Sendfie; subject, however, to the right of Sendfie, at Sendfie' sole discretion, to bring an
action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of
proprietary or other third party rights (or any similar cause of action) in any applicable court in any
jurisdiction where jurisdiction exists with regard to a user. The Restaurant hereby consents to (and
waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods is
excluded from this Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or
proceeding by the Restaurant related in any way to this Agreement, the Sendfie Application, or the
Sendfie Services be instituted more than two (2) years after the cause of action first arose.
TO THE FULLEST EXTENT PERMITTED BY LAW, SENDFIE AND ITS AFFILITES, AND EACH OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE SENDFIE APPLICATION AND THE
SENDFIE SERVICES AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SENDFIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SENDFIE APPLICATION'S OR THE SENDFIE SERVICES' CONTENT OR THE CONTENT OF ANY OTHER THE
SENDFIE APPLICATIONS LINKED TO THE SENDFIE APPLICATION, AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE
RESTAURANT'S ACCESS TO AND USE OF THE SENDFIE APPLICATION AND THE SENDFIE SERVICES, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF SENDFIE' SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SENDFIE APPLICATION OR OTHERWISE WITH RESPECT
TO THE SENDFIE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SENDFIE APPLICATION OR THE SENDFIE SERVICES BY ANY THIRD
PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SENDFIE APPLICATION OR THE SENDFIE
IN NO EVENT SHALL SENDFIE OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO RESTAURANT OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE SENDFIE APPLICATION OR THE
SENDFIE SERVICES, EVEN IF SENDFIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT
PERMITTED BY LAW, SENDFIE'S LIABILITY TO RESTAURANT FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY THE RESTAURANT TO SENDFIE FOR THE SENDFIE SERVICES DURING THE PERIOD OF 3 MONTHS
PRIOR TO ANY CAUSE OF ACTION FIRST ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE RESTAURANT, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO THE RESTAURANT, AND THE RESTAURANT
MAY HAVE ADDITIONAL RIGHTS.
IF THE RESTAURANT IS A CALIFORNIA RESIDENT, THE RESTAURANT WAIVES CALIFORNIA CIVIL CODE
SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Restaurant hereby agrees to defend, indemnify and hold Sendfie and its affiliates, and each of their
respective directors, officers, employees, services providers, and agents (collectively, the "Sendfie
Indemnitees") harmless from and against, any loss, damage, liability, claim, or demand, including
reasonable attorneys' fees and expenses, made by any party due to or arising out of the Restaurant's
Marketing Materials, the Sendfie Application, the Sendfie Services, or any breach by the Restaurant of
this Agreement. Notwithstanding the foregoing, Sendfie reserves the right, at the Restaurant's expense,
to assume the exclusive defense and control of any matter for which the Restaurant may be required to
indemnify a Sendfie Indemnitee and the Restaurant agree to cooperate, at the Restaurant's expense,
with Sendfie's defense of such claims. Sendfie will use reasonable efforts to notify the Restaurant of any
such claim, action, or proceeding which may be subject to this indemnification upon Sendfie becoming
The Restaurant shall at all times maintain comprehensive public liability insurance (which may be under
a blanket policy), issued by a licensed insurer rated A+10 or better in "Best's Insurance Guide", insuring
the Restaurant against any liability arising out the lease, use, occupancy of maintenance of its premises
and all areas appurtenant thereto and the operation of the business, which will have a limit of not less
than $2,000,000 combined single limit for injury to, or death of, one or more persons per occurrence,
and for damage to tangible property per occurrence.
Except as explicitly stated otherwise, any notices given to Sendfie shall be given by email to
admin@Sendfie.com. Any notices given to the Restaurant shall be to the email address provided during
the Registration Process (or as such information may be updated via the Sendfie Application by
Restaurant from time to time); provided, however, that Sendfie may also give notices via regular mail.
Additionally, the Restaurant may contact Sendfie at the address, fax, and telephone number provided
below (as may be updated by Sendfie from time to time) with respect to any complaint regarding the
Sendfie Services or to receive further information regarding the Sendfie Services.
116 W. 23rd Street, FL5, New York, NY 10011
Attn: Restaurant Support
This Agreement constitutes the entire agreement between the Restaurant and Sendfie regarding the use
of the Sendfie Services; provided, further, that the Restaurant's use of and access to the Sendfie
Application and the Sendfie Services shall also be subject to the Term of Use. The failure of Sendfie to
exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and have no legal or contractual
effect. This Agreement and the Restaurant's account with Sendfie (including the Sendfie Application and
the Sendfie Services) may not be assigned by the Restaurant without Sendfie’s express written consent.
Sendfie may assign any or all of its rights and obligations to others at any time. If any provision or part of
a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision
is deemed severable from this Agreement and shall not affect the validity and enforceability of any
Sendfie may modify this Agreement from time to time, and any such changes will (i) be reflected on the
Sendfie Application, (ii) be effective 30 calendar days after being so posted on the Sendfie Application,
(iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such
change. The Restaurant agrees to be bound to any such changes and understands the importance of
regularly reviewing this Agreement as updated on the Sendfie Application to keeping the Restaurant's
contact information (as indicated in the Restaurant's account details via the Sendfie Application)
Notwithstanding anything to the contrary herein, Sendfie reserves the right to, at any time and from
time to time, change, alter, modify, suspend, discontinue, or otherwise amend, temporarily or
permanently, the Sendfie Application and the Sendfie Services (or any part thereof) with or without
notice. The Restaurant agrees that Sendfie shall have no liability to the Restaurant or to any third party
for any change, alteration, modification, suspension, discontinuance, or amendment of the Sendfie
Application or the Sendfie Services.
In general, we collect Personal Information that you submit to us voluntarily through Sendfie, when you access or use Sendfie, register, subscribe, or create or edit an account or user profile with Sendfie. We may also retain any messages you send through Sendfie, and may retain other information you voluntarily provide us with including your comments and other content. We use this information to operate, maintain, and provide to you the features and functionality of the Sendfie, and as further detailed below. We use the personal information you submit in connection with the services we provide. To process payment for services purchased through Sendfie, we collect and store billing and credit card information when you purchase a Sendfie Voucher, so that our service providers can process your payment for the Voucher.
We may receive information about you from third parties including third party social networking services. You should always review, and if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to Sendfie. You may also unlink your third party account from Sendfie by adjusting your settings on the third party service. We also may collect information about you from third party business partners, publicly available sources and our subsidiaries and affiliates.
Log file information is automatically reported by your browser each time you access a Web page or other content within Sendfie. We may also receive log information relating to your use of Sendfie. When you use Sendfie, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol address, operating system, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on Sendfie, domain names, landing pages, pages viewed, and other such information. This information is used to monitor, assess, diagnose problems with, and improve Sendfie.
If you send an e-mail to us, or fill out our “Feedback” form through Sendfie, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and e-mail address when you send an e-mail notification to a friend through Sendfie or the social network from which you have connected to Sendfie (such as in an invitation, or when sharing your content). Additionally, we may use your e-mail address to contact you on behalf of your friends (such as when someone sends you a personal message) or to send notifications from a social network or other website with which you have registered to receive such notifications.
When you access Sendfie via a mobile device (including but not limited to smart phones or tablets), we or our third party business partners may access, assign, collect, monitor and/or remotely store one or more unique identifiers, such as a universally unique identifier (UUID). Unique identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A unique identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by us. A unique identifier may convey information to us about how you browse and use Sendfie. A unique identifier may also be used to help you log in faster and enhance your navigation.
We use the information we collect or receive to communicate directly with you. We may send you electronic messages containing Sendfie-related notices (e.g., account verification, purchase and billing confirmations and reminders, feature notifications, technical and security notices). We may also send you electronic messages containing promotions and special offers. You can also stop receiving electronic messages (other than Sendfie-related notices) from us by clicking on the "unsubscribe link" provided in such communications or by changing your account preferences or settings.
When you visit Sendfie, we may send one or more cookies (a small text file containing a string of alphanumeric characters) to your device that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Service. A cookie may also convey information to us about how you use Sendfie (e.g., the pages you view, the links you click and other actions you take on Sendfie), and allow us or our business partners to track your usage of Sendfie over time. A persistent cookie remains on your device after you close your browser. Persistent cookies may be used by your browser on subsequent visits to Sendfie. Persistent cookies can be removed by following your browser's directions. A session cookie is temporary and disappears after you close your browser. You can set your browser to refuse certain cookies or to indicate when a cookie is being sent. However, some features of Sendfie may not function properly if the ability to accept cookies is limited or disabled.
Web beacons are used to anonymously track the online usage patterns of our users. We also may use web beacons in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. You can disable the ability of web beacons to track certain information by setting your browser to refuse certain cookies. The information allows for more accurate reporting and improvement of Sendfie.
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).
We care about the security of your information, and take physical, technological and administrative measures to protect the information you submit via Sendfie against loss, theft, and unauthorized access, use, disclosure or modification. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on Sendfie may not be accessed, disclosed, altered or destroyed. Electronic communications sent to or from Sendfie may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email.
In general, Personal Information and other information you submit or share with us is used for the following purposes by Sendfie: to enable your access to our services; to provide, maintain, protect, develop and improve Sendfie; to fulfill your requests for products and services; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.
We may share your Personal Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments, or enable such authorized service providers to interact directly with you to collect such information. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purpose.
We use Google Analytics to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
We offer you choices regarding the collection, use and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at
Your use of Sendfie through mobile devices, gives you additional choices, including whether location services are enabled. Additionally, if you use other social media services in connection with Sendfie, the providers of these services may provide you with additional choices concerning the types of data shared with Sendfie.
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
Sendfie is a general audience mobile application and is not intended for children under 13 years of age. Sendfie does not knowingly collect personal information from children under 13. If you have reason to believe that we may have accidentally received personal information from an individual under age 13, please contact us immediately at privacy@Sendfie.com.
You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at privacy@Sendfie.com. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information that you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.
Personal or other information about you collected on Sendfie may be stored and processed in the United States or any other country in which Sendfie or its affiliates, subsidiaries and services providers maintain facilities. Sendfie complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of information from European Union Member Countries. To learn more about the Safe Harbor program, please visit the Safe Harbor Website.
If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Sendfie has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Sendfie, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail privacy@Sendfie.com.
© 2015 Sendfie, Inc. All Rights Reserved.
The Service Percentage shall mean 12.5% of Restaurant’s Net Sales. "Net Sales" means the gross amount
charged by Restaurant to any customer that is attributable to any order through the Sendfie Service, less all: (a) taxes (e.g., sales) other than taxes based upon Company’s net income, (b) gratuities, and (c) amounts allowed or credited due to returns.
Notwithstanding anything to the contrary herein, the Restaurant is, and will be, responsible for all taxes,payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with Customer Orders and the Restaurant's use of the Sendfie Application and the Sendfie Services. The Restaurant shall be solely responsible for verifying amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate taxing authorities. Sales tax shall include any sales, use, privilege, gross receipts, restaurant, excise, or other tax due in relation to the sale of food and beverages, including pick‐up and delivery services (if applicable), by the Restaurant.