TERMS AND CONDITIONS
Last Updated: January, 2022
- Use of the Services
- Updates. You understand that the Properties are evolving. As a result, Olo may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that Olo reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
- Branded Company Products. The Properties enable CoreLife Eatery to offer various food, beverage and other related products (“Products”) to you and other users. The Products advertised or otherwise made available for purchase on the Properties are determined solely by CoreLife Eatery, and Olo shall have no liability to you for any modification, unavailability or discontinuation of any Products.
- Delivery Services. Any delivery service you use, as provided at the option of CoreLife Eatery, is at your sole discretion and Olo shall have no liability to you for any delivery-related issues.
- Eligibility and Registration
- Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Properties 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 the Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Olo immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Olo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Olo has the right to suspend or terminate your Account and refuse any and all current or future use of the Properties (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 not to create an Account or use the Properties if you have been previously removed by Olo, or if you have been previously banned from any of the Properties.
- Payment and Billing
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from CoreLife Eatery or any third party acting on their behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Olo with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuers accepted by us), charge card, CoreLife Eatery-specific gift card or CoreLife Eatery-specific cash card (“Payment Provider”). You acknowledge and agree that for each order you place through the Service, the full cost of Products you order will be assessed against your Payment Provider. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. The Service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify Olo of any change in your billing address or the credit card used for payment hereunder.
- Refund Policy
You acknowledge that Olo is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibility of the CoreLife Eatery location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. OLO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND OLO MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability
- Intellectual Property Ownership
Except for the content and information you upload to the Services, you agree that Olo and its suppliers (including CoreLife Eatery) own all rights, title and interest in the Properties, including all trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Services are the property of Olo and/or its affiliates, licensors (including CoreLife Eatery) and/or licensees. You are not authorized to use any such Marks.
- App Stores
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Arbitration Agreement carefully. It is part of your contract with Olo and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Olo should be sent to: 26 Broadway, 24th Floor, New York, NY 10004. After the Notice is received, you and Olo may attempt to resolve the claim or dispute informally. If you and Olo do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Time Limits. If you or Olo pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Olo in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND OLO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Olo.
- Small Claims Court. Notwithstanding the foregoing, either you or Olo may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
- Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
- Choice of Law
- Export Control. You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Olo Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Olo Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Olo products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Electronic Communications. The communications between you and Olo use electronic means, whether you visit the Properties or send Olo e-mails, or whether Olo posts notices on the Olo Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Olo in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Olo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Force Majeure. Olo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Properties, please contact us at: Olo, Inc. d/b/a Olo, 26 Broadway, 24th Floor, New York, New York 10004. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
INTERNATIONAL DATA TRANSFERS AND PRIVACY SHIELD
If you are a non-U.S. user of the Services, by using the Services and providing us with data, you acknowledge and agree that your personal information may be processed outside the country in which it was collected, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you acknowledge such transfer.
Olo complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the EU and/or Switzerland. Please visit our Privacy Shield Statement for more information on our Privacy Shield certification.
THE TYPES OF INFORMATION OLO COLLECTS
Olo collects information from you in various ways when you access or use the Services. Olo collect personal information from you in the following ways:
(a) Personal Information You Provide to Us. For example:
- Olo may collect personal information from you, such as your first and last name, address, e-mail, telephone number and when you create an account (“Account”).
- The Services allow you to store preferences such as your location, recent orders and favorite menu items in order to make it more convenient for you to place additional orders in the future.
- When you order menu items from the Branded Company on our Services, Olo will collect all information necessary to complete the transaction, including your name and payment information. Olo may store this information on our servers, in order to make it easier for you to place orders for the Branded Company’s menu items in the future. Olo does not store your payment information on our servers, but stores a secure “token” that helps facilitate a secure payment transaction on the Branded Company Services.
If you provide feedback or contact Olo via email, Olo will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- Olo also collects other types of personal information that you provide voluntarily, such as any information requested by Olo if you contact Olo via email regarding support for the Services.
(b) Personal Information Collected Via Technology. Olo collects certain information from you automatically when you access and use the Services as described below:
- Information Collected by our Servers. To make the Services more useful to you, Olo servers (which may be hosted by a third party service provider) collect information from you, including the referring/exit pages, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). Olo uses this information to analyze trends, administer the Services, monitor for fraudulent activities using fraud management tools, and better tailor the Services to users’ needs.
- Mobile Services. We may also collect information from your mobile device if you have downloaded a Branded Company’s Application. This information is generally used to help deliver the most relevant information to you. Examples of information that may be collected and used include your general geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event the Application crashes your mobile device, Olo will receive information about your mobile device model, software version and device carrier, to identify and fix bugs and otherwise improve the performance of the Application. This information is sent to Olo as aggregated information. The aggregated information is not used to identify an individual.
(c) Facebook and other Social Networking Services. The Services may allow users to access Facebook and other social networking sites (each, an “SNS”) to interact with and share their experiences with the Branded Company’s products and services with their friends. If you are not a registered user of the Services, you can create an Account by clicking on “Sign In” using Facebook or another SNS that we support, and then entering your SNS login credentials. In this case, Olo may receive information from Facebook or another SNS to make it easier for you to create an Account on the Services. Once you register on the Services and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS. The information that your Facebook or other SNS account provides to Olo may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.
(d) Location Information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, Olo will collect your location information when you use the Services; for example, to locate those restaurants and locations of the Branded Company that are near you or when you “check in” via the Services. If you do not want Olo to collect this information, you may decline the collection of your location when prompted, or adjust the location services settings on your device.
HOW OLO USES YOUR INFORMATION
(a) General Use. In general, Olo uses your personal information to respond to your requests as submitted through the Services, to provide you the Services you request, or to help serve you better. Olo uses your personal information in the following ways:
- facilitate the creation of, and secure and maintain your Account;
- identify you as a legitimate user in Olo’s system;
- provide improved administration of the Site, Application and Services;
- provide the Services you request;
- improve the quality of experience when you interact with the Site, Application and Services;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
- send you administrative e-mail notifications, such as security or support and maintenance advisories;
- call or send you an SMS message about your order status or any issues with your order (e.g., food being prepared); and,
- send surveys, offers, and other promotional materials related to the Services at the Branded Company’s request or direction.
(b) Creation of Non-Identifiable Data. Olo may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. Olo may use this information, in a form that does not personally identify you to analyze request patterns and usage patterns to enhance Olo’s products and services. Olo reserves the right to use and disclose non-identifiable information to third parties in its discretion.
DISCLOSURE OF YOUR PERSONAL INFORMATION
BECAUSE OLO DOES NOT CONTROL THE PRIVACY PRACTICES OF THE BRANDED COMPANY, YOU SHOULD READ AND UNDERSTAND THE BRANDED COMPANY’S PRIVACY POLICIES.
SAFEGUARDS AND RETENTION
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.
We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.
A NOTE ABOUT CHILDREN
The Services are not directed towards individuals under the age of 13, and Olo does not intentionally gather personal information about visitors who are under the age of 13. Furthermore, Olo does not intentionally allow visitors under the age of 18 to register for the Services. If a child under 13 submits personal information to Olo and Olo learns that the personal information is the information of a child under 13, Olo will attempt to delete the information as soon as possible. If you believe that Olo might have any personal information from a child under 13, please contact Olo at: One World Trade Center, 82nd Floor, New York, NY 10007.
LINKS TO OTHER SITES
YOUR CHOICES REGARDING YOUR INFORMATION
You have several choices regarding use of information on the Services.
(a) Cookies. If you decide at any time that you no longer wish to accept cookies from the Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all or portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let Olo know at the contact information provided below.
(b) De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Account, then you may close your account with the Branded Company. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
(c) Application. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
(d) How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Olo currently does not take action in response to these signals. If and when a standard is established, Olo may revise its policy on responding to these signals.
(e) Access, Update, or Correct Your Information. Subject to limited exceptions under applicable law, you may request to review, correct inaccuracies, and/or update your personal information Olo’s custody and control by submitting a request to firstname.lastname@example.org. or by writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.
(f) Opting Out of Email and SMS Communications. If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving our marketing communications by contacting us at the contact information under “Contact Us” below. If you provide your phone number through the Services, Olo may send you notifications by SMS, such as to alert you of a problem with your order or to notify you that your delivery is on its way. You may opt out of SMS communications by unlinking your mobile phone number through the Site.
(g) Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to Olo’s collection of location information, you may no longer be able to use some features of the Services.
YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California customer”) may request information about whether the business has disclosed personal data to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California customers should visit the Branded Company’s website for further information on how to submit a request or, if applicable, opt out of the Branded Company’s sharing of the customers’ personal data with third parties for those parties’ direct marketing purposes.
[Insert contact title/position]
One World Trade Center, 82nd Floor
New York, NY 10007 USA
NOTICE TO CALIFORNIA USERS
We are providing this supplemental privacy notice to California users on behalf of the Branded Company, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). Please note that as a service provider handling personal information on behalf of the Branded Company, Olo is not required to provide a CCPA notice. This notice does not apply to individuals with whom Olo engages in the individuals’ capacity as representatives of businesses that may provide services to Olo, or to which Olo may provide its services including any user who visits www.olo.com, which is designed only for businesses and not for individuals’ use in their personal or household capacity.
The CCPA grants California residents the following rights.
- Information. You can request information about how the Branded Company has collected, used and shared your personal information through the Olo Services during the past 12 months.
- Access. You can request a copy of the personal information that Olo maintains about you on behalf of the Branded Company.
- Deletion. You can ask to delete the personal information that Olo maintains about you on behalf of the Branded Company
- Opt-out of sale of your personal information. While Olo does not allow the Branded Company to sell personal information through the Olo Services, we offer instructions on how to limit online tracking.
Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing
certain sensitive information in response to an access request and limiting the circumstances in which
they must comply with a deletion request.
You are entitled to exercise the rights described above free from discrimination.
Here is how you can submit requests:
- To request access to or deletion of personal information, visit the Branded Company’s website.
- To learns how to limit tracking visit Online Tracking Opt-out Guide.
- Identity verification. CCPA requires verification of the identity of the individual submitting the request. For identity verification requirements, visit the Branded Company’s website.
- Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.