Clevenard’s Terms of Service
PLEASE READ OUR TOS CAREFULLY BEFORE USING ANY OF OUR SERVICES.
If You are a restaurant or merchant, other terms and conditions will apply to Your relationship with Clevenard.
If You are a Clevenard driver, other terms and conditions will apply to Your relationship with Clevenard.
If You submit information to Clevenard for purposes of seeking employment with the Clevenard as an employee or contractor, Clevenard reserves the right – but do not have a duty – to retain it in the manner in which Clevenard retain similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek.
If You do not agree to any aspect of our TOS, You must discontinue use of our Services. You should print or otherwise save a copy of our TOS for Your records.
We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to Clevenard by You; Because this information is important to Your interaction with Clevenard and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS have changed constitutes Your acceptance of our TOS as revised.
Clevenard is not the retailer of any products offered by Restaurants. Our responsibility to You is limited solely to facilitating a platform wherein You, the user, are able to request to have food, beverage and or merchandise products of Your choice delivered by a Clevenard employee. The Restaurants are solely responsible for preparing and packaging all products ordered through Clevenard. Each Restaurant is solely liable for the quality and freshness of its products, and Clevenard does not verify the credentials, representations, products or prices offered by the Restaurants, and does not guarantee the quality of the product, or that any Restaurant or Restaurant product complies with applicable laws. Clevenard shall not be liable or responsible for any products or services provided by Restaurants that are a cause of illness, injury or that are unacceptable to or do not meet Your expectations in any manner.
You have come to Clevenard to see menus, order food or beverages or merchandise, and schedule a delivery for Yourself or someone else. In order to provide You with Clevenard services, You have to provide us with certain information, and to streamline Your ordering experience, we collect and retain certain information about You as well:
PAYMENT SERVICE AUTHORIZATION
You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement. If you order from a Restaurant or other service provider, and do not answer the door or open the gate at the address provided by you, the Clevenard driver has the right to leave the ordered item(s) and charge the order, any service/delivery charge and taxes related thereto, to the credit card number provided by you in connection with your order and the Service. Any pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.
ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by Clevenard or its agents.
Clevenard shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Clevenard shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Clevenard agree to promptly issue a credit to Your credit card account in the amount of the charge.
OUR AREA OR RADIUS POLICY
Clevenard will assign You area with radius for delivery of goods at the initial stage of agreement, which can be change subject to decision of management. Further, Clevenard may assign You full time for specific outlet/restaurant with area and radius. You have to make sure your availability during your working hours.
OUR SALARIES, COMMISSIONI AND BENEFITS POLICY
Clevenard will pay all agreed salaries, commission and benefits on timely basis subject to compliance of work agreement.
OUR REFUND POLICY
Unless prohibited by law, in the event that Clevenard is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within 30 days of Your order date. If You do not raise the issue within 30 days of Your order date, You waive the ability to receive a credit for any error.
TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES
Our jurisdiction currently does not permit the ordering and delivering of alcoholic beverages. However, once permitted in such jurisdictions, by placing an order for an alcoholic beverage, You expressly represent and warrant that:
If You order alcohol products, You understand and acknowledge that neither Clevenard nor the driver can accept Your order of alcohol, and the order will only be delivered if the food service provider accepts Your order.
Clevenard reserves the right to report any actions by You that would violate alcohol beverage laws, including but not limited to misrepresentation of age and distributing or selling alcoholic beverages to person(s) under age 21, as well as Personal Data connected therewith, to law enforcement authorities.
OUR MATERIALS AND LICENSE TO YOU
Content and information on the Clevenard website as well as on the third-party sites used by Clevenard to provide You with information, coupons, special deals and news, is owned by a wide range of parties, including Clevenard, users who submit content like photos, videos and reviews, and the stores and restaurants we deliver from (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the European Uninine and other countries. Clevenard grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons including but not limited to delivery to a place of business, residence, hotel or other location, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by Clevenard or (b) hosted by Clevenard, Clevenard grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media. Nothing contained on the Sites should be interpreted as granting to You any broader commercial license to use any of the Provided Content and/or third party proprietary content on the Sites without the express written permission of Clevenard or the appropriate third party owner, as applicable.
If You download any software or machine-readable Provided Content from Clevenard, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Clevenard reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.
When You accept our TOS and complete our sign-up process, You become a Clevenard account holder and we will create an Account Number so we can organize the data that we collect about Your Member Account to provide You with service and deliveries. In order to create Your Member Account You will be required to select a password. Please choose a strong password and do not reveal Your password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account please contact us. You should not share Your Member Account and/or password details with another person.
ACCEPTABLE USE POLICY
LICENSES AND INDEMNIFICATION
You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by Clevenard, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by Clevenard in its sole discretion to be advertising or “spam”.
No User Submission shall be include any material which is deemed by Clevenard, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by Clevenard in its sole discretion to be advertising or “spam”. You acknowledge that by using the Service, You may be exposed to material that is offensive, indecent or objectionable.
You recognize that some content on this site, including all User Submissions, represents the opinions of the individual who has created such content, and is not endorsed by this site in any way. Clevenard does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any restaurant, user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.
You understand that the technical processing and transmission of the Site, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to Clevenard.
You agree to indemnify and hold harmless Clevenard and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services including but not limited to laws regarding underage purchases of alcohol. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses, and You may not settle any claim without the prior written consent of Clevenard, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that Clevenard shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.
Customers placing orders will receive email or textual alerts about each order placed on the Sites and/or pop-up notices on Your mobile device or computer. Additionally, You may receive additional emails following receipt of a delivered order soliciting feedback relating to that order, or recommending restaurants and/or food/beverage items to You based on prior orders and other interactions with Clevenard and our partners.
THIRD PARTY INTERACTIONS
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for restaurants and our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Content”). When You click on a link to Third Party Content, the Company will not warn You that You have left the Company’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.
Ad Servers and Third-Party Hosted Content: Clevenard may include advertisements and content served and/or hosted by third-party providers, including Restaurants, and reserves the right to share personally identifying information with Restaurants, as well as potential Restaurants, and Clevenard business partners, designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can inform You of restaurants and stores that you might be interested in, or specific items you might be interested in.
Clevenard may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Clevenard reserves the right to communicate with its users via communications methods provided by each or any user.
If You request that Clevenard sends information to a third party, such as a friend, Clevenard may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
TECHNICAL BUGS (OR GLITCHES)
Clevenard respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Clevenard’s Copyright Agent with notification containing the following information required by the Digital Copyright Act
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLEVENARD BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF CLEVENARD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. CLEVENARD ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. CLEVENARD ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL CLEVENARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO CLEVENARD OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles. User agrees to jurisdiction in Charleston County.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and the Company.
At its sole discretion, Clevenard may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party. In addition to suspending or terminating Your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
“Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We will never ask You for information that falls into “Special Categories of Personal Data” except in connection with allergies, but in the event You ask us to deliver items to a location such as a house of worship, a hospital, a campaign office or a picket line, You may be providing such information incidentally; You consent to our use of data included in these Special Categories of Personal Data in the same way that We use Your Personal Data.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, or Your account (including, for example, a persistent device identifier or an Ad ID), and other similar information; You consent to such collection so that we can perform services to You in connection with an Order (which is a contract between You and Us) and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services.
In order to use Clevenard Services, You may from time to time provide personally identifying and other forms of information, including, but not limited to, Your name, street address, email address, phone number, and other contact information. In addition, We and our third party service providers may collect Your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then You might not be able to take advantage of many of Clevenard products and services. Like most standard website servers, We use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, and date/time stamp. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content. IP addresses are also linked to personally identifiable information, to better the user’s experience when using the Website. Although, We have no obligation to do so, We may also retain any email, letter, or other correspondence between You and Clevenard and any representative or agent thereof, to ensure quality control.
Information supplied by You to Clevenard may be used to serve You and to operate and maintain Our services, and in performance of any contract You enter into with us including any order placed via the Sites. For example, We may use the information to respond to Your requests, to customize future use of the Website for You, to improve our Website, to make recommendations to You, to remind You of past orders, and to communicate with You. We may use Your email address or information without Your consent, for a range of purposes including managing, tracking, completing and confirming Your delivery, processing Your payment, marketing, quality of service and administrative purposes, and we reserve the right to share Your personally identifying information with any entity that You order products from via Clevenard, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via Clevenard. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific services. When a User signs up for such third-party services, we may share names or other contact information that may be necessary for the third party to provide those services.
We may use Your Personal Data in connection with information from You that is not Personal Data which we have collected in a manner such that the end-product does not personally identify You or any other user of the Service. We may make information that would otherwise be deemed Personal Data (e.g. the number of Users who have ordered from a particular restaurant, or who live in a particular zip code) non-personally identifiable by either combining it with information about other users (aggregating Your personal information with information about other users), or by removing characteristics (such as Your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing Your information.
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”).
In compliance with United States regulations regarding online privacy for children, Clevenard does not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any Clevenard website or app, or submit Content of any type to Clevenard. By using the Service and/or submitting an order, You thereby confirm that You are thirteen (13) years old or older, and not an Age-Barred Individual
Asking a parent or legal guardian to place an order does not mean said child has placed said order. If You are an Age-Barred Individual, Your parent or legal guardian may place orders through their account or as a Guest User.
If You have any questions about Clevenard’s security You can send an email to firstname.lastname@example.org.
Although We intend to use reasonable security safeguards to protect the security of personal information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, YOUR POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a breach in the security of Clevenard’s services that impacts or involves Your Personal Data, We will contact You at Your then-current email address; we are not responsible for contacting You in the event of a security breach by or at Your credit card company that does not involve Your Clevenard account.
We collect personally identifying information such as Your IP address and e-mail address when You register for/create a user account with the Service, visit any of the sites and Services that are part of Clevenard family, or use any of Clevenard’s Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services. We cannot guarantee other services’ performance. We or the services we use store or process Your Personal Data in data centers located in the United States and may subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. I
Google – User data analytics
Facebook – Clevenard Facebook account page and customer interactions
Twitter – Clevenard Twitter account page and customer interactions
Instagram – Clevenard Instagram account page and customer interactions
We will use Your e-mail address internally for purposes of managing Your account and maintaining site integrity; in the event the Service allows Users to share photographs, videos and/or reviews of restaurants and other service providers, such Content will be connected to the User Name of the User submitting such content; if at that time You agree to allow Your e-mail address and/or User Name to be public, it will be public; if You opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to You from Clevenard about Your account, Your orders, our recommendations to You, and news about Clevenard that we reasonably believe to be of use to our registered users. By creating and maintaining a User Account on and with Clevenard, You consent to receiving such emails. We reserve the right to reply to any e-mail message You send to Clevenard and/or its personnel.
We collect, process and retain the following data for the following reasons:
E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us, as well as whether You open emails or click the links contained in emails. We need this information so we can respond to You, and so we can handle questions about the Service, and for other legal and accounting/audit reasons including maintaining the integrity of the Service and the Provided Content that we host.
User-Specific Information: We collect data and information about what pages users access or visit including Your interactions with integral Service features such Orders and Your choices there, location information so we can direct You to Clevenard, referral information (i.e. data about what site You are coming to the Service from and where You go to when You leave Clevenard) and whether there are errors in displaying Provided Content to You. We need this information to maintain the integrity of the site, the Service and the Content that we host; to process Your orders and provide You with the items You ordered from our partners and third parties; to provide You with Content; to minimize spam; and for other legal and accounting/audit reasons.
You consent to our collection, processing and retention of Your Personal Data, Your Content, and personal information (the “User Information”) connected therewith, when You place an Order via Clevenard Services. You also acknowledge that we are collecting Your User Information pursuant to our performance of a contract between You and Clevenard for Clevenard to deliver to You what You Ordered. We need such consent because Your purpose in and reason for entering into the contract was for items to be Delivered to You. In order for Clevenard to perform under the Contract, Your User Information also needs to be accessible to those on Clevenard’s team who have access to our servers, code and operations and to Clevenard management, Personnel, and legal and accounting support teams, to maintain the integrity of the Service, enforce these Terms of Service and maintain the integrity of the Service.
In the event we allow Users to create public profile pages, You consent to our collection, processing, retention and display of Your user name to create said public profile page, and to our collection, processing, retention and display of any Personal Data and Content that You submit for inclusion on said Public Profile Page. We need such consent because Your purpose in and reason for including information in Your Profile is for that Personal Data and Content to be visible to the general public.
In the event we allow Users to write and share reviews of service providers, You consent to our collection, processing, retention and display of text that You submit as Reviews or Posts, as well as Your Personal Data associated therewith. We need such consent because Your purpose in and reason for submitting a Review is for that Content to be visible to the general public.
By use of the Services, You consent to our collection, processing, retention and use of Your IP address for a limited time; we need this consent to provide You with information about Clevenard, and other location-based services. Temporarily collecting, processing, and retaining IP addresses also enables us to conduct internal management of the Services, maintain server and Service integrity, and reduce spam. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
When You make a purchase via Clevenard, You will be asked to freely give informed and unambiguous consent that the Personal Data that You submit in conjunction with Your Order (“Order Information”) can be collected, processed and retained for purposes of enabling You to use services and tools that are available only to account-holders, as well as for site/Service integrity, legal and accounting/auditing purposes. Order Information includes Your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment methods including credit or debit cards.
After You create an account with the Services, we may work with third parties on statistical modelling tools that enables us to recognize and contact You across multiple devices.
Logs of server interactions, as well as event logs are collected and processed. Our servers automatically record information that Your browser sends whenever You visit the Service. This information includes Your Internet Protocol address, Your browser type and version, the search engine You used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service You use and when and how long You use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Content that we host, and may use this information in our marketing and advertising services.
Contests and Sweepstakes
When You enter a contest, challenge or sweepstakes with Clevenard, we will use the information You submit to determine a winner, to provide the winner(s) with their prizes (including via mail by sharing PII with the postal or delivery service), and for auditing and legal purposes. We need such consent because Your purpose in and reason for submitting Your information is for and in connection with Your contest entry.
If You order items to be delivered to You, You agree to that we can email or message You the receipt and confirmation, deliver the item(s) and send You communications about other restaurants and/or items that You might be interested in, as well as information about Clevenard services, Clevenard site policy updates and other matters concerning the management and integrity of Clevenard. You further give informed and unambiguous consent that PII and SCPD submitted in connection with an Order can be collected, processed and retained for delivery and follow-up purposes, as well as legal and accounting/auditing purposes.
“Payment Information” includes Your credit or debit card number, card expiration date, CVV code, check payment information and billing/payment account address. Payment Information is not retained or otherwise used at Clevenard, but it is shared with payment services processors/providers — in 2021, we are working with Square — to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide You with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.
You may contact us at help via login/ Clevenard app if you wish to obtain a copy of the Personal Data that we have collected about You; if the GDPR applies to You, You have the right to request a copy of the information that we hold about You. If you would like a copy of some or all of your personal information, please email us.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
Cookies and Other Technologies
Parts of the Service may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.
You may be able to disable cookies on Your web browser through Your browser settings – please consult Your browser’s help menu for assistance. Please note that certain parts of the Service will not be available or usable if cookies are disabled. For example, Users may block Facebook cookies or login code but will then not be able to use Facebook to log in or use the Service; Users may manage and block Google cookies and ads via Google’s website, and may block Google cookies or login code but then will not be able to use Google to log in or use the Service.
In some of our email messages, we use a “click-through URL” linked to content on the Service. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If You prefer not to be tracked in this way, You should not click text or graphic links in the email messages.
A pixel tag or web beacon is an often-transparent graphic image, usually no larger than 1 pixel by 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. We may use web beacons and/or pixel tags for many purposes, including site usage analytics, advertising, user management, auditing and reporting, and content and advertising personalization.
ACCOUNT TERMINATION AND DELETION
If for any reason You terminate Your user account with us, we will destroy active records containing Your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes, as we need to retain data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If You are a GDPR resident or citizen and ask us to delete Your account, we will remove Your Personal Data from our Service, and then from our records in accordance with our data deletion cycle, except that we may retain Personal Data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If we terminate Your license to use the Service, we may retain enough information to prevent You from signing up for the service in the future.
USE OF LOCATION-BASED SERVICES
Clevenard may collect, use, transmit, process and maintain Your location data on a worldwide basis, including the geographic location of Your device, and You hereby consent that Clevenard’s collection, use, transmission, processing and maintenance of such location data to provide such services is permitted.
VIOLATIONS OF THE AGREEMENT
Clevenard reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
CHANGES TO THE AGREEMENT
Clevenard may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify You. You agree that You will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. If Clevenard or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, Your information might be transferred or disclosed to third parties.
Our TOS constitute the entire agreement between You and Clevenard, govern Your use of the Services and completely replace any prior agreements between You and Clevenard in relation to the Services. You may also be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of our TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Clevenard to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
To use and/or register for our Services You must be: (a) of legal age to form a binding contract with us, (b) not an Age-Barred Individual; and (c) not barred from receiving our Services under the laws of the United States or other applicable jurisdictions. Clevenard reserves the right to refuse service and refund any monies paid in such circumstances at their sole discretion.
For any questions or comments regarding the Terms, please reach us at: