Guest Terms of Use and Sale

1. Who we are and who you are buying from

Deally (“Deally”, “we”, “us”) operates an online ordering platform that restaurants use to take orders from their guests. A restaurant's ordering site may be hosted at order.deal-ly.com or on the restaurant's own website address. These Guest Terms of Use and Sale (“Terms”) apply whenever you use a Deally-hosted ordering site, place an order, buy or redeem a gift card, join a rewards program, use the AI ordering assistant or create a guest account (together, the “Services”).

The restaurant is the seller and merchant of record. When you place an order, you are buying from the restaurant named on the ordering site, not from Deally. The restaurant decides what is on its menu, sets its prices, taxes, fees, hours, delivery area and order minimums, prepares and hands over your food, and charges your card through its own payment account with our payment processor, Stripe. Deally receives a platform fee from the restaurant for providing the software. Deally does not prepare, sell, inspect or deliver food.

By using the Services you agree to these Terms. If you do not agree, do not use the Services. Restaurants may also post their own policies on their ordering site (for example, hours or delivery rules); where a restaurant's policy is more specific about its own food, prices, fees or refunds, that policy applies to your order with that restaurant.

2. Your account

You can order as a guest or create a Deally guest account. One account works across every restaurant that uses Deally; your saved addresses, order history, rewards and gift cards are shown under that account. To create an account you must be at least 13 years old. If you are under 18, you may use the Services only with the involvement of a parent or guardian. The Services are not directed to children under 13.

• Give us accurate contact details and keep them up to date. The restaurant uses the name, phone number and email you enter to prepare, hand over and, where needed, contact you about your order.
• Keep your password and sign-in methods secure. You are responsible for activity under your account unless it results from our failure to keep it secure. Tell us right away at support@deal-ly.com if you believe your account has been used without permission.
• You may ask us to delete your account at any time with the “Delete my account” link on the account page (it opens a pre-filled email to us) or by emailing us. The Guest Privacy Notice explains what is deleted and what the restaurant keeps for its own records.
• We may suspend or close an account that is used in breach of these Terms, for fraud, or to abuse a rewards or referral program.

3. Ordering, prices, taxes and fees

What you will pay

The restaurant sets all prices. Before you place an order, the ordering site shows the item prices, any modifiers or add-ons you selected, sales tax at the rate the restaurant has set, any delivery fee, any tip you choose to add, and any online ordering fee. The amount on the “Place Order” button is the amount that will be charged.

• Online ordering fee. A restaurant may add a flat or percentage fee to online orders. If it does, the fee and what it pays for are shown on the restaurant's menu page and as a separate line in your cart before you pay. The fee is set by and paid to the restaurant.
• Tips are optional unless the restaurant states otherwise and are paid to the restaurant.
• Taxes are calculated using the rate the restaurant has configured. The restaurant is responsible for charging and remitting the correct tax.
• Discounts, promotions and reward redemptions are applied by the restaurant's rules and verified on our servers when you pay. A discount that no longer qualifies at the time of payment will be removed and the corrected total shown before you confirm.

Placing an order

An order is an offer to buy from the restaurant. It is accepted when payment is confirmed and the restaurant receives the order. The restaurant may refuse or cancel an order, for example if an item has sold out, the restaurant has closed unexpectedly, the delivery address is outside its area, or it suspects fraud. If an order is cancelled before it is prepared you will be refunded in full.

Pricing and listing errors

Despite the restaurant's best efforts, a menu may occasionally show an incorrect price, description or availability. If an error affects your order, the restaurant may contact you to confirm the corrected price or cancel the affected items and refund them. Neither the restaurant nor Deally is obliged to honor a price that is obviously mistaken.

Scheduled orders

Where the restaurant allows it, you can schedule an order for a later pickup or delivery time. The time you choose must fall within the restaurant's hours and its minimum lead time; the slot is checked again when you pay, and an order whose time has passed or is no longer available will not be placed until you choose a valid time. Scheduled times are targets, not guarantees; the restaurant will tell you if it needs to change the time.

4. Payment and saved cards

Payments are processed by Stripe on the restaurant's own Stripe account. The charge on your statement comes from the restaurant. Your card number is entered into and stored by Stripe; Deally never sees or stores your full card number. By paying you confirm that you are authorized to use the payment method and you agree to Stripe's applicable consumer terms.

• Saving a card is your choice. When you are signed in, the payment form may offer to save your card for next time. A saved card is stored by Stripe on the restaurant's account that you saved it at, and is offered again only when you order from that restaurant. You can remove a saved card from the payment form at that restaurant at any time.
• Authorization and settlement. Your card is charged when you place the order. If a payment is declined, the order is not placed.
• Gift cards and rewards applied at checkout reduce the amount charged to your card. If a payment fails or the order is not placed, any gift-card balance or points held for that order are released back to you.

5. Changes, cancellations and refunds

Because the restaurant prepares your food and is the seller, the restaurant decides on changes, cancellations and refunds. Deally cannot change or cancel an order or issue a refund on a restaurant's behalf.

• To change or cancel an order, contact the restaurant immediately using the phone number on its ordering site or on your order confirmation page. Once food is being prepared, the restaurant may not be able to cancel.
• Problems with your order (missing or incorrect items, quality, late or undelivered orders): contact the restaurant, or use the complaint form on the ordering site (available from your order confirmation and order history), which sends your message and any photos to the restaurant. The restaurant may offer a remake, a credit or a refund at its discretion and consistent with applicable law.
• How refunds are paid. Refunds are issued by the restaurant through Stripe to the original payment method only. A refund normally appears on your statement within 5 to 10 business days depending on your bank; you will receive an email when the restaurant issues it. Any gift-card balance or rewards points used on the order are returned to you when a full refund is issued and may be adjusted on a partial refund.
• Chargebacks. Please contact the restaurant before disputing a charge with your bank; most issues are resolved faster that way. If you dispute a charge, the restaurant may provide your order details to Stripe and your bank to respond to the dispute.

If you cannot reach the restaurant or believe a restaurant is not responding fairly, email us at support@deal-ly.com with your order number. We will pass your message to the restaurant and may help, but we are not able to guarantee an outcome on the restaurant's behalf.

6. Pickup and delivery

• Pickup. Please collect your order at the time shown in your confirmation. The restaurant may have its own rules on how long it holds an order.
• Delivery by the restaurant. Where a restaurant offers delivery, it sets its delivery area, delivery fee and minimum order. Enter a complete and accurate delivery address and instructions; the restaurant is not responsible for an order that cannot be delivered because the address is wrong, inaccessible or outside its area, and you may still be charged for it. If nobody is available to receive the order, the restaurant may leave it at the door where it is safe to do so.
• Third-party delivery services. A restaurant may show links to DoorDash, Uber Eats, Grubhub or similar services. Those are separate services with their own terms and prices; following such a link takes you off the Deally-hosted site and Deally is not involved in those orders.
• Delivery and pickup times are estimates. Traffic, weather and kitchen volume can affect them.

7. Food safety, allergens and dietary information

Menu descriptions, ingredients, allergen tags, calorie and dietary information are provided by the restaurant, and the restaurant is responsible for their accuracy. Allergen tags are shown only when the restaurant has listed them; an item with no allergen tags has not been declared allergen-free. Food is prepared in kitchens that may handle common allergens, so cross-contact is possible. If you have a food allergy or dietary restriction, call the restaurant before ordering and state the allergy in your order instructions. Alcohol is not sold through the Services at this time.

8. AI ordering assistant

Some ordering sites offer a chat assistant that can answer questions about the menu and add items to your cart. It is powered by an artificial-intelligence model and it can make mistakes: it may misunderstand a request, describe an item inaccurately or suggest something that does not suit your needs. The assistant does not place or pay for an order by itself.

• Always review your cart, the quantities, modifiers, special instructions and the total before you pay. The cart and checkout screens, not the chat, are what you are ordering.
• Nothing the assistant says changes the restaurant's prices, availability, allergen information or these Terms. Ask the restaurant directly for anything that matters to your health or safety.
• Your chat messages, your current cart and, when you are signed in, a summary of your recent orders at that restaurant are sent to our AI provider to generate replies. See the Guest Privacy Notice.

9. Gift cards

Gift cards offered on an ordering site are issued and sold by the restaurant, which is the issuer and merchant of record. Deally only provides the software that issues, tracks and redeems them.

• Where they work. A gift card can be used only for orders from the restaurant that issued it, through its Deally-hosted ordering site or wherever else the restaurant chooses to accept it.
• No expiry, no fees. Gift cards do not expire unless an expiration date at least five years after purchase is clearly shown when you buy the card, and no purchase, activation, dormancy or service fees are charged. Any remaining balance stays on the card until it is used.
• Not redeemable for cash, and cannot be reloaded online, except where the law requires otherwise; the restaurant may add value to a card at its discretion. For example, in California a gift card with a remaining balance under $15 is redeemable in cash on request. Contact the restaurant for a cash-out it is required to give.
• Sending a gift card. When you buy a gift card for someone else, you give us the recipient's name and email and an optional message so we can deliver it. Make sure the address is correct; a card delivered to the address you entered is treated as delivered to the recipient.
• Lost, stolen or misused codes. Treat a gift-card code like cash. Neither the restaurant nor Deally can replace value that was redeemed before you reported a code lost or stolen. Purchases are not refundable except as required by law.
• Balance checks are available on the restaurant's ordering site. The restaurant may cancel a card that was obtained fraudulently or paid for with a payment that was later reversed.

10. Rewards programs

Rewards, points, tiers, referral bonuses and challenges offered on an ordering site are run by that restaurant under rules it sets and shows on its rewards page. Deally provides the software and keeps the records.

• Earning and redeeming. Points are earned on paid orders and other activities as described on the rewards page and can be redeemed only at the restaurant that issued them, for the rewards it offers. Points for an order that is refunded or cancelled are reversed.
• No cash value and non-transferable. Points and rewards have no cash value, cannot be sold, bartered or transferred to another person or account, and are not redeemable for cash except where the law requires.
• Expiry. Points do not expire unless the restaurant has set an inactivity period, in which case the rule is shown on the rewards page (for example, “Points expire after 12 months without activity. Earning or redeeming points resets the clock.”). Individual rewards and promotional credits may carry their own expiry dates set by the restaurant.
• Referrals. Referral bonuses are credited only when the referred person completes a qualifying first order. Self-referrals, fake accounts and bulk solicitation are prohibited and may lead to forfeiture of points and closure of the accounts involved.
• Changes and ending. A restaurant may change its earning rates, rewards or tiers, or end its program, with reasonable notice on its rewards page. Points may be forfeited if a program ends, if your account is closed for breach of these Terms, or as permitted by law. A restaurant that leaves Deally takes responsibility for its program with it.

11. Emails and text messages

Transactional emails

When you place an order, buy a gift card, submit a complaint or receive a refund, we send you emails about it on the restaurant's behalf (confirmations, status updates, schedule changes, refund notices). These are part of the service and are sent to the email you provide even if you have opted out of marketing.

Promotional emails

When you join a restaurant's rewards program, or earn points on an order there, that restaurant may send you loyalty updates, offers and campaigns by email once your email address is confirmed, until you turn them off. Every promotional email has an unsubscribe link that stops promotional email from that restaurant with one click; where available, you can also change your preference on the account page of its ordering site. Unsubscribing does not stop transactional emails about your orders.

Text messages (SMS)

Text messaging may be offered by restaurants through Deally. Where it is offered, the following program terms apply. Where a restaurant offers ordering by phone, a payment link or a callback you ask for during the call is sent by text because you asked for it. Marketing texts are sent only if you tick the optional, unchecked marketing box for a restaurant; consent is never a condition of purchase.

• Message frequency varies by restaurant and your activity.
• Message and data rates may apply according to your mobile plan.
• Opt out at any time by replying STOP. Deally sends from a single number, so STOP stops all texts from Deally, for every restaurant, including payment links and callbacks. You will receive one confirmation and nothing after it. To stop marketing from one restaurant only, turn that restaurant's preference off on the account page of its ordering site instead.
• Help: reply HELP or email support@deal-ly.com.
• Carriers are not liable for delayed or undelivered messages.
• Mobile numbers are never shared with third parties or affiliates for their marketing purposes.

Full program details are on the SMS Opt-In & Consent page.

12. Acceptable use

You agree not to:

• place orders you do not intend to collect or pay for, or dispute charges for orders you received;
• use another person's account, payment method, gift card or rewards without permission, or create multiple accounts to abuse promotions or referrals;
• attempt to gain unauthorized access to the Services, a restaurant's data or another guest's data, or probe, scan or test their vulnerability;
• scrape, crawl or copy menus or other content in bulk, or use bots or automated means to place orders or interact with the AI assistant;
• interfere with the Services, transmit malware, or use the AI assistant or complaint form to send unlawful, abusive, harassing or deceptive content;
• use the Services for any unlawful purpose or in breach of these Terms.

We use rate limits and fraud checks (including hashed IP addresses) to protect the Services and may block or refuse orders that appear fraudulent or abusive.

13. Complaints, reviews and photos you submit

When you report a problem with an order, you may add a description and up to three photos. You keep ownership of what you submit. You give the restaurant and Deally a non-exclusive, royalty-free, worldwide license to store, copy and use that content to review and resolve your complaint, to respond to payment disputes about the order, to detect fraud and abuse, and to operate and improve the Services. You confirm that you have the right to share the content, that it is accurate to the best of your knowledge, and that it does not include anyone else's personal information or anything unlawful. We may remove content that breaches these Terms.

14. Intellectual property

The ordering software, design, text and graphics of the Services are owned by Deally or its licensors and are protected by copyright, trademark and other laws. Each restaurant's name, logo, menu, photos and descriptions belong to that restaurant. We grant you a limited, personal, non-transferable, revocable license to use the Services to browse menus and place orders for your own use. You may not copy, modify, distribute, sell, reverse engineer or create derivative works from the Services except as the law expressly allows.

15. Disclaimers

Deally provides the ordering software; the restaurant provides the food. To the fullest extent permitted by law, Deally provides the Services “as is” and “as available” and disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty about the food, menu information, allergen information, pricing, preparation, timing or delivery, all of which are the restaurant's responsibility. We do not guarantee that the Services will be uninterrupted or error-free. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you; in that case they apply to the extent the law allows.

16. Limitation of liability

To the fullest extent permitted by law, Deally and its officers, employees and service providers will not be liable to you for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising out of or relating to the Services or these Terms, however caused. Deally's total liability to you for all claims relating to the Services in any 12-month period will not exceed the greater of (a) the platform fees Deally actually received from restaurants in connection with your orders in that period, or (b) US$100.

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud or willful misconduct, or for gross negligence where applicable law prohibits its exclusion. They also do not limit the restaurant's responsibility to you for the food and services it sells, or any non-waivable consumer right you have under the law of your state. Claims about the food, an order or a refund are claims against the restaurant, which is the seller.

17. Your responsibility for misuse

If a third party brings a claim against Deally because you knowingly breached the Acceptable use section, submitted content you had no right to submit, or committed fraud through the Services, you agree to reimburse Deally for the reasonable costs, including reasonable attorneys' fees, that result directly from that claim. This does not apply to claims caused by Deally's own breach or negligence, and it does not require you to pay for Deally's own wrongdoing.

18. Dispute resolution, arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DEALLY TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. YOU CAN OPT OUT WITHIN 30 DAYS AS DESCRIBED BELOW.

18.1 Disputes with a restaurant

This section governs disputes between you and Deally. Disputes about the food, an order, a delivery, a refund, a gift card or a rewards program are first and foremost with the restaurant that sold them; please raise them with the restaurant as described in section 5. Nothing in this section limits your rights against a restaurant.

18.2 Informal resolution first

Before starting arbitration or a lawsuit, you and Deally agree to try to resolve the dispute informally. Send a written notice to support@deal-ly.com with your name, the email on your account, a description of the dispute and what you are asking for; we will send any notice to you at the email on your account. The parties will make a good-faith effort to resolve the dispute within 60 days of the notice. Any statute of limitations is paused during that period. If the dispute is not resolved, either party may proceed as set out below.

18.3 Binding arbitration

Except for the disputes described in 18.5, any dispute, claim or controversy between you and Deally arising out of or relating to the Services or these Terms, including their formation, scope, enforceability and whether a claim must be arbitrated, will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this section. The AAA rules and filing forms are available at www.adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator will be a neutral, independent arbitrator and may award the same individual relief a court could, including statutory damages and attorneys' fees where the law allows. Arbitration fees are allocated under the AAA Consumer Arbitration Rules; if the arbitrator finds your claim is not frivolous, Deally will pay any AAA filing, administrative and arbitrator fees that exceed the amount you would have paid to file in court. The arbitrator may hold hearings by video or phone, and in-person hearings, if any, will take place in the county where you live or another agreed place. Judgment on the award may be entered in any court with jurisdiction.

18.4 Class-action and jury waiver

You and Deally agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding, and may award relief only to the individual party seeking it and only to the extent needed to provide relief for that party's individual claim. To the extent any dispute proceeds in court, you and Deally each waive the right to a jury trial where that waiver is permitted. Nothing in this section prevents you from seeking public injunctive relief where that right cannot be waived under applicable law; any such request will be decided by a court after the arbitrator has resolved all individual claims.

18.5 Exceptions: small claims and other carve-outs

Either party may bring an individual claim in small claims court in the county where you live, if the claim qualifies and stays there. Either party may also seek emergency injunctive relief in court to protect intellectual property or to stop unauthorized access to the Services. You may also bring a complaint to a federal, state or local agency, which may seek relief against Deally on your behalf.

18.6 Your right to opt out

You may opt out of this arbitration agreement by emailing support@deal-ly.com within 30 days after you first accept these Terms (for example, by placing your first order or creating an account) with the subject line “Arbitration opt-out”, your name and the email on your account. Opting out does not affect any other part of these Terms and will not cost you anything or affect your use of the Services.

18.7 Mass arbitration

If 25 or more similar demands for arbitration are brought against Deally by the same or coordinated counsel within 90 days, the demands will be administered in batches of up to 25, with a single arbitrator and a single set of fees per batch, and the parties will cooperate in good faith on the sequence of batches and a bellwether process. The AAA Mass Arbitration Supplementary Rules, where applicable, will govern to the extent they do not conflict with this paragraph. Any statute of limitations is paused for the demands in later batches while earlier batches proceed.

18.8 Severability and survival

If any part of this section is found unenforceable, the remainder stays in force, except that if the class-action waiver in 18.4 is found unenforceable as to a particular claim, that claim (and only that claim) will be heard in court rather than in arbitration, and the parties agree that it should be stayed pending the arbitration of any individual claims. This section survives the end of your relationship with Deally. Any change to this section after you accept it will not apply to a dispute of which either party has already given notice.

19. Governing law

These Terms are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs section 18. If you live in a state whose consumer-protection laws give you rights that cannot be waived by choice of another state's law, those rights remain yours. Subject to section 18, any court proceeding will take place in the state or federal courts located in California, and you and Deally consent to their jurisdiction, except that you may bring eligible claims in small claims court where you live.

20. Changes to these Terms

We may update these Terms as the Services change. The “last updated” date at the top shows when the current version took effect. For material changes, we will give notice at least 14 days before they take effect by posting a notice on the ordering sites or emailing the address on your account, and material changes will not apply to orders placed before they take effect. If you do not agree to a change, stop using the Services before it takes effect; your continued use after the effective date means you accept the updated Terms.

21. General terms

• Entire agreement. These Terms, the Guest Privacy Notice and any restaurant-specific policies shown on an ordering site are the whole agreement between you and Deally about the Services.
• Severability. If any provision is found unenforceable, it will be enforced to the extent permitted and the rest of these Terms will remain in effect.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
• Assignment. You may not transfer these Terms. We may assign them to a successor that takes over the Services, and we will post notice if we do.
• Restaurants. Each restaurant you order from may enforce the sections of these Terms that concern its orders, gift cards and rewards programs.
• Notices. We may send notices to the email on your account or by posting on the ordering sites. Send notices to us at the address below.

22. Contact us

Questions about these Terms: support@deal-ly.com. For questions about a specific order, contact the restaurant first. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.