1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you are not authorized to use the Service.
1.2 Modifications to Terms
CARI Delivery may modify these Terms at any time. We will update the "Last Updated" date and, for material changes, provide notice via the Service or email. Changes for new users are effective immediately; for existing users, changes become effective 30 days after posting or upon earlier express acceptance. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service.
2. Description of Service
2.1 Service Overview
CARI Delivery is a technology platform that allows eligible users to order meals or beverages from participating third-party restaurants and have them delivered to designated locations on college or university campuses. CARI Delivery itself is not a restaurant or food preparation entity; participating restaurants operate independently.
2.2 Third-Party Food Providers
Participating restaurants are solely responsible for the preparation, quality, and safety of the food and beverages you order. CARI Delivery does not prepare or handle the food and is not responsible for issues arising from restaurant products, including safety, quality, nutrition, or allergen content. Restaurants must comply with applicable laws, but we do not verify their compliance and make no warranties about their products or services.
2.3 "As Is" Service
The Service is provided on an "as is" and "as available" basis. CARI Delivery makes no warranties regarding availability, reliability, timeliness, or quality of the Service. To the maximum extent permitted by law, we disclaim all warranties not expressly set out in these Terms.
2.4 Service Modifications
We may modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice, and are not liable if any portion of the Service is unavailable.
2.5 Compliance with Terms
All users must comply with these Terms and applicable policies. Violations may result in suspension or termination of your account.
3. Eligibility and Registration
3.1 Eligible Users
The Service is intended for members of a college or university community. To register, you must be a current student, faculty, or staff member of a participating campus and provide a valid campus-affiliated email address (e.g., ".edu"). You represent you are of legal age and authority to form a binding contract (or have necessary parental consent).
3.2 Account Information
You agree to provide truthful, accurate, current, and complete information during registration and to update it promptly. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account. Notify CARI Delivery immediately of any unauthorized use.
3.3 Account Security and Verification
You agree to periodic re-verification of affiliation as required. We may suspend or terminate accounts suspected of ineligibility or containing false information.
4. User Conduct
4.1 Responsible Use
You are solely responsible for your use of the Service and any content you submit. Use must be lawful and compliant with all applicable laws and regulations.
4.2 Respect for Others
Use the Service in a manner that does not infringe the rights of others or interfere with the community or Service operations.
4.3 Prohibited Activities
- Engage in unlawful or fraudulent activities.
- Violate others' privacy or publicity rights.
- Post or transmit offensive, harassing, threatening, defamatory, obscene, or hateful content.
- Impersonate any person or entity or misrepresent affiliation.
- Distribute unsolicited advertising, spam, or pyramid schemes.
- Upload or transmit malware or malicious code.
- Interfere with or disrupt the Service, servers, or networks (including automated access without permission).
- Violate applicable college or university policies, regulations, or codes of conduct.
4.4 Enforcement
We may investigate and act on violations, including content removal, suspension, termination, or reporting to authorities. We may cooperate with law enforcement and comply with lawful requests.
5. User Content and Intellectual Property
5.1 License to User Content
By submitting content ("User Content"), you grant CARI Delivery a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with sublicense rights) to use, reproduce, distribute, adapt, modify, create derivative works, display, and perform your User Content to operate, improve, and promote the Service.
5.2 Your Warranties for User Content
You represent you have necessary rights to submit the User Content and that its posting does not infringe any rights or laws.
5.3 User Content Guidelines
Do not upload unlawful or infringing content. We may remove content at any time for any reason. Use content posted by others at your own risk; we do not guarantee confidentiality of User Content.
5.4 Intellectual Property Ownership (Company Materials)
Except for User Content, all Service materials are owned by CARI Delivery or licensors and are protected by law. You receive a limited, personal, non-transferable, revocable license to use the Service for personal, non-commercial use per these Terms.
5.5 Copyright Policy
If you believe content infringes your copyright, notify us per our Copyright Policy or the DMCA. We may remove or disable access and terminate repeat infringers.
6. Data Privacy and Security
6.1 Privacy Policy
We collect, use, and disclose personal information per our Privacy Policy. By using the Service, you consent to that collection and use.
6.2 Disclosure of Information
We may access, preserve, and disclose account information, usage data, and User Content as required by law or legal process, to enforce these Terms, respond to claims, respond to support requests, or protect rights, property, or safety.
6.3 Security Measures
We implement commercially reasonable security measures, but no method is completely secure. Use strong passwords and secure your devices.
6.4 Data Storage and Limits
We may set practices and limits on data retention and storage. We may archive or delete inactive accounts or content that exceed limits without liability.
6.5 No Privacy for Public Communications
Content posted in public areas may be viewed by others. Exercise caution when sharing personal or sensitive information publicly.
7. Communications and Notifications
7.1 Consent to Communications
By creating an account or using the Service, you consent to receive communications (email, SMS, calls, in-app notifications) related to your account, orders, updates, promotions, and news.
7.2 Automated Dialing and Messaging
Some communications may be automated. Standard message/data rates may apply.
7.3 Opt-Out of Promotional Messages
Unsubscribe from promotional emails via the link provided or adjust settings. For promotional texts/calls, reply "END" or contact support.
7.4 Opt-Out of All Communications
Reply "STOP ALL" or contact support to opt out of all texts/calls. Opting out of essential communications may impact Service delivery.
7.5 Contact Information
Keep your contact information current. We are not liable for missed notices if your information is outdated.
8. Service Availability, Modifications, and Termination
8.1 Service Availability
We use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted or error-free Service.
8.2 Changes to Service
We may update, expand, reduce, or change features. We may suspend or discontinue any part of the Service with or without notice.
8.3 Termination by CARI Delivery
We may suspend or terminate access at any time, with or without cause or notice (e.g., for violations or if the Service is no longer offered).
8.4 Effects of Termination
Upon termination, your right to use the Service ceases and access to your account/content may be removed (subject to legal retention). Provisions that should survive will remain in effect.
8.5 User Initiated Termination
You may discontinue use at any time. Removing the app or ceasing use does not automatically delete your data; see our Privacy Policy for deletion.
9. Liability, Disclaimers, and Insurance
9.1 Company Insurance and Driver Coverage
CARI Delivery maintains appropriate insurance for its operations and requires drivers to hold valid licenses and required insurance.
9.2 No Company Liability for Certain Acts
To the fullest extent permitted by law, CARI Delivery is not liable for injuries, losses, or damages during pickup, transport, or delivery unless directly caused by our negligence or willful misconduct.
9.3 Exceptions for Gross Negligence or Willful Misconduct
Nothing excludes liability for our gross negligence, intentional misconduct, or knowing legal violations to the extent required by law.
9.4 Limitation of Liability (Cap)
Total cumulative liability to you will not exceed the amount you paid to CARI Delivery in the six months before the claim (or $100 if none).
9.5 Disclaimer of Warranties
The Service and all information are provided "as is" and "as available" without warranties of any kind, except as expressly stated in these Terms.
9.6 No Warranty for Third-Party Conduct or Products
CARI Delivery does not guarantee the quality, safety, or legality of third-party food or the acts of independent restaurants or drivers.
9.7 Disclaimer of Certain Damages
To the fullest extent permitted by law, CARI Delivery is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
9.8 State Law Rights; Exceptions
Some jurisdictions do not allow certain exclusions; those provisions apply only to the extent permitted by applicable law.
9.9 Sole and Exclusive Remedies; Basis of the Bargain
These limitations allocate risk between parties. Your sole remedy for dissatisfaction is to stop using the Service; liability is capped as stated.
10. Dispute Resolution (Arbitration Agreement and Class Action Waiver)
PLEASE READ THIS SECTION CAREFULLY. It requires most disputes to be resolved by binding arbitration on an individual basis, not in court, and waives class actions. You may opt out as described in Section 10.6.
10.1 Agreement to Arbitrate
Except as noted, any dispute arising out of or relating to these Terms or the Service shall be resolved by confidential, individual arbitration.
10.2 Initial Dispute Resolution - Informal Process
Before arbitration, you must give CARI Delivery an opportunity to resolve the issue by contacting support within 30 days of the event and allowing good-faith negotiations.
10.3 Arbitration Procedure
Administered by the AAA under its Consumer Arbitration Rules, conducted by a single arbitrator. Hearings in Allen County, Indiana, unless otherwise agreed or hardship warrants alternative arrangements. FAA governs enforceability.
10.4 Individual Capacity Only - No Class Actions
Claims may proceed only on an individual basis; no class, collective, consolidated, or representative actions in arbitration.
10.5 Exceptions to Arbitration
Claims in small claims court or for temporary/preliminary injunctive relief to protect IP or prevent irreparable harm may proceed in court.
10.6 Opt-Out Right
You may opt out of arbitration/class waiver within 30 days of first accepting these Terms by emailing contact@caridelivery.com or mailing a written notice with required details.
10.7 Arbitration Final and Binding
The arbitrator's decision is final and binding (subject to limited FAA review). By agreeing to arbitration, you waive the right to a jury trial.
10.8 Fees and Expenses
Each party pays its own attorneys' fees unless awarded otherwise. Arbitration fees follow AAA rules; frivolous claims may incur fee shifting.
10.9 Survival of Agreement
This Section survives termination. Amendments do not apply to disputes of which we had notice before the amendment date.
11. Governing Law, Venue, and Campus Policies
11.1 Governing Law
These Terms are governed by Indiana law (without conflict-of-laws principles). The FAA governs the arbitration agreement.
11.2 Venue Selection and Waiver of Objections
Claims permitted in court shall be brought exclusively in state or federal courts in Allen County, Indiana. Parties submit to jurisdiction and waive venue objections.
12. Additional Terms
12.3 User Cooperation
You agree to cooperate with reasonable requests to verify identity, eligibility, or orders. Failure to cooperate may result in delays, cancellations, or suspension.
12.4 Suspicious Activity
We may suspend or terminate accounts suspected of fraudulent, illegal, or unauthorized activities, and may refuse or cancel orders placed fraudulently or in violation of these Terms.
13. Indemnification
13.1 Your Agreement to Indemnify
You agree to indemnify, defend, and hold harmless CARI Delivery, its affiliates, and their officers, directors, employees, and agents from claims, losses, liabilities, damages, and expenses arising out of your use of the Service, your breach of these Terms, your violation of others' rights, or your violation of law.
13.2 Indemnification Procedure
CARI Delivery will notify you of claims and may assume defense at its expense. Do not settle without our consent unless it releases CARI Parties without payment or admission.
14. Miscellaneous
14.1 Entire Agreement
These Terms (and referenced policies) are the entire agreement and supersede prior understandings.
14.2 Assignment
CARI Delivery may assign these Terms; you may not assign without our written consent.
14.3 Notices
We may provide notices via email, mail, or in-Service postings. Keep your email current. Notices to CARI Delivery should use the contact details in Section 21.
14.4 No Waiver
Failure to exercise a right is not a waiver. Waivers must be in writing and are not waivers of subsequent breaches.
14.5 Updates and Annual Review
We may update these Terms after periodic reviews or business/legal changes and will notify users of material updates as described in Section 1.2.
14.6 Relationship of Parties
Nothing creates a partnership, joint venture, franchise, employment, or agency relationship. You are an independent user.
15. Severability
15.1 Severability
If any provision is held invalid or unenforceable, it will be severed or reformed to the minimum extent necessary, and the remainder will continue in effect.
15.2 Interpretation of Invalid Provisions
Invalid provisions will be interpreted to the maximum extent permitted; remaining provisions remain in force.
16. Force Majeure
16.1 No Liability for Force Majeure Events
CARI Delivery is not liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, government actions, labor disputes, outages).
16.2 Performance During Force Majeure
Obligations are suspended during force majeure events. We will work to resume performance as practicable.
17. Relationship of the Parties
17.1 Independent Parties
You and CARI Delivery are independent contracting parties; no partnership, joint venture, employment, franchise, or agency relationship is created.
17.2 No Agency
You will not hold yourself out as an agent or representative; CARI Delivery is not liable for your representations or acts.
18. Feedback and Suggestions
18.1 Feedback Ownership
Feedback you provide is non-confidential. You assign all rights in Feedback to CARI Delivery; if not assignable, you grant an exclusive, perpetual, irrevocable, worldwide, royalty-free license to use it.
18.2 Use of Feedback
CARI Delivery may use Feedback for any purpose without obligation or compensation. You waive moral rights in Feedback.
19. Language
19.1 Governing Language
All communications under these Terms shall be in English. Translations are for convenience only.
19.2 Control of English Version
In case of inconsistency between English and a translation, the English version controls.
20. Survival
20.1 Surviving Provisions
Sections intended to survive termination (including but not limited to 5, 8.4, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 21) will remain in effect.
20.2 Continued Enforcement
Termination does not release obligations incurred prior to termination or liability arising from breaches.
21. Contact Information
CARI Delivery LLC · Attn: Legal Department / Customer Support · 1721 Irish Way · Notre Dame, IN 46637, USA
Email: contact@caridelivery.com · Phone: (248) 872-1729
We will endeavor to respond to customer inquiries or dispute notices promptly. For official legal notices or service of process, mail to the address above with attention to "Legal Department - Notice of Terms of Service Issue".
