Important notice – Please read these terms of use carefully before using the site or any services, software, or content available on or through the site. The site and all services, software, and content available on or through it, are for your private and non-commercial use only. You may not sell, auction, alter, duplicate, transfer, distribute or otherwise use in a commercial manner the services, software, or content. By using the site, you agree to these terms of use. If you do not agree to these terms of use, please do not use the site. QuSe reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of use, at any time. it is your responsibility to check these terms of use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to all such changes.
The Site is provided by QuSeApp together with its subsidiaries (collectively, “QuSe”). The “Site” includes, without limitation: (a) all websites, subdomains, and microsites owned or managed directly by QuSe, and all services offered on or through such sites (“Services”); (b) all software offerings and applications owned by QuSe and made available on or through the Site (“Software”); and (c) all data, text, images, photographs, graphics, audio, video, offers, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through the Site (“Content”).
QuSe considers protecting your personal data very important, and has developed a Privacy Policy describing QuSe data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein. You agree that QuSe Privacy Policy is applicable to your use of the Site.
If you are under 13 years of age, then please do not use or access the site at any time or in any manner, or submit any information to the site.
Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.
Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Site, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify QuSe immediately of any unauthorized use of your password(s) or account(s). You agree that QuSe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by QuSe or another due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any QuSe networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any QuSe networks or systems, or to interfere or attempt to interfere with any QuSe networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any QuSe, networks or systems.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or QuSe has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use, QuSe has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).
Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.
QuSe may change the Services offered on or through the Site at any time without notice. QuSe makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.
By creating a QuSe account, you electronically agree to accept and receive communications from QuSe, or third parties providing services to QuSe including via text message, calls, and push notifications to the cellular telephone number you provided to QuSe. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of QuSe, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account.
(a) Prices. You understand that the prices for menu items are completely controlled by Merchants and at all times Merchants offer the same menu item price with no mark-ups as we don't charge your favorite Merchant any commissions. You are liable for all transaction taxes on the Services provided under this Agreement. Payment will be processed by QuSe, using the preferred payment method designated in your account.
(b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. QuSe has no obligation to provide refunds or credits, but may grant them, in each case in QuSe’s sole discretion.
(c) Promotional Offers and Credits. QuSe, at its sole discretion, may make promotional offers to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by QuSe; (iii) are subject to the specific terms that QuSe establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in QuSe’s Terms and Conditions for Promotional Offers and Credits. QuSe reserves the right to modify or cancel an offer at any time.
(d) Fees for Services. We charge a small Convenience Fees to operate our business without charging any commissions to your favorite Merchant. QuSe may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees (Merchant controlled), Service Fees and Convenience Fees.
All Content, including without limitation, any advice, recommendation or opinion is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by QuSe, nor is there any representation or warranty by QuSe that the Content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
QuSe may permit registered users to post content to the Site, including comments, and other materials (“User Content”). You understand and agree that QuSe does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against QuSe arising from or relating to User Content. If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google+, Twitter, your QuSe profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Use.
You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post and to grant QuSe the licenses and rights set forth in these Terms of Use.
QuSe reserves the right but not the obligation to remove any User Content and/or to terminate, deactivate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms of Use.
As a convenience to users, the Site contains links to independent third-party web sites (“Third Party Sites”). You understand and agree that QuSe makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.
All comments or materials submitted by you to QuSe through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by QuSe on a non-confidential and unrestricted basis. Further, QuSe shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. QuSe may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.
Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of QuSe and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any QuSe name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without QuSe’ express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of QuSe. Notwithstanding the foregoing, QuSe may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Pinterest, Google+, or Facebook.
If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that QuSe capture, collect, transmit, store, and use such content and/or data.
THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, QUSE MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. QUSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUSE OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. QUSE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.
IN NO EVENT SHALL QUSE AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF QUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF QUSE AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE, SO THAT THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold QuSe and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
QuSe has the right, but not the obligation, to monitor any activity on the Site. QuSe may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Location, State, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.
You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States.
These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by QuSe of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between QuSe and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between QuSe and you.
If you have any questions regarding these Terms of Use, please contact QuSeApp LLC by mail at:
QuSeApp LLC
64 Valeview Rd
Wilton, CT 06897
Attn: Legal Dept
Last updated: April 10, 2023