Term Of Service

Last Updated: June 6, 2015


By signing up for Munch (“Service”) or any of its related services, you are agreeing to be bound to the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at https://app.joinmunch.com/termofservice. Munch reserves the right to update and change the Terms of Service by posting updates and changes to JoinMunch.com and it’s client support system.

Account Terms:

  1. You must be 18 years or older to use this Service.

  2. You must provide your full legal name, current business address, a valid email address, and any other information needed in order to complete the signup process.

  3. You are responsible for keeping your password secure. Munch cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

  4. You may not use Munch for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.

  5. You are responsible for all activity and content (data, graphics, photos) that is uploaded under your Munch account.

  6. A breach or violation of any of the Account Terms as determined in the sole discretion of Munch will result in an immediate termination of your services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may utilize Munch.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  2. We reserve the right to refuse service to anyone for any reason at any time.

  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  4. Munch does not warrant that the service will be uninterrupted, timely, secure, or error-free.

  5. Munch does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  8. Munch does not warrant that the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

  9. You expressly understand and agree that Munch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  10. In no event shall Munch or our suppliers be liable for lost profit or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, Munch partners, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law of the rights of a third party.

  11. Technical support is provided to paying account holders.

  12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Munch.

  13. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Munch customer, Munch employee, member, or officer will result in immediate account termination.

  14. We do not claim any intellectual property rights over the material you provide to the Munch service. All material you upload remains yours. You can remove your Munch store at any time by removing your credit card details.

  15. By uploading images and item description content to Munch, you agree to allow other internet users to view them and you agree to allow Munch to display and store them and you agree that Munch can, at any time, review all content submitted by you to its Service.

  16. The failure of Munch to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Munch and govern your use of the Service, superseding any prior agreements between you and Munch (including, but not limited to, any prior versions of the Terms of Service).

  17. You retain ownership over all content that you submit to a Munch store however, by making your store public, you agree to allow others to view your content.

  18. Munch does not pre-screen Content, and it is their sole discretion to refuse or remove any Content that is available via the Service.

  19. Questions about the Terms of Service should be sent to dev at join munch dot com.

Payment of Fees:

  1. A valid credit card is required for accounts able to process orders beyond the trial period.

  2. The service will be billed in 30 day intervals.

  3. All fees are exclusive of all federal, state or other governmental sales, goods and services, or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

  4. Munch does not provide refunds.

Cancellation and Termination:

  1. You may cancel your account at any time by removing your card from Munch.

  2. Once your account is cancelled all of your Content may be immediately deleted from the Service. Deletion of all data is final. Please be sure that you do in fact want to cancel your account before doing so.

  3. If you cancel the Service in the middle of the month, you will still have use of your account through the end of your billing cycle. Your account will be cancelled at the end of your billing cycle.

  4. We reserve the right to modify or terminate the Munch service for any reason, without notice at any time.

  5. Fraud: Without limiting any other remedies, Munch may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modification to the Service and Prices:

  1. Prices for using Munch are subject to change upon 14 days notice from Munch. Such notice may be provided at any time by posting the changes to the Munch Site (JoinMunch.com) or via notification to the administration menu of your Munch store.

  2. Munch reserved the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.

  3. Munch shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  4. All services offered in the Munch marketplace are offered through Munch and its partners. Munch shall reserve the rights to collect and/or disperse all revenue to and from all clients, merchant & vendors.

  5. If you choose to hide either special instructions or delivery instructions, you further accept full liability for any issues that may arise from the intentional limitation of information transmitted by your customer via orders including but not limited to: inability to deliver food successfully due to missing relevant delivery information, accidental injury or death from allergy issues, customer complaints, negative experiences, and more.