Terms of Service
Thank you for your interest in the MiTaco application for your mobile device (the "App") provided to you by MiTaco LLC. ("Company" "us" or "we"), and our web site at MiTaco.com (the "Site"), as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the App and Site, our "Service"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. These Terms constitute a legal agreement between you and Company. In order to use the Service you must agree to these Terms.
These Terms provide that with limited exceptions all disputes between you and Company arising out of or relating to these Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters covered by Section 17.3 of these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate most disputes with Company.
Company provides a mobile app and web-based technology platform that connects consumers, retail stores, and restaurants, with independent contractor and MiTaco company employed couriers to facilitate on-demand delivery services (the "Platform"). Through the Platform consumers may request that merchandise or food be delivered to them from particular retail locations or restaurants. Independent contractor couriers and employed couriers can access the Platform and receive delivery opportunities. Company is not a retail store, restaurant, merchandise delivery service, or food preparation entity.

As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
* The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
* Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
* You consent to the collection, sharing, and use of your personally identifiable information in accordance with Company’ Privacy Policy;
* The Service is provided "as is" without warranties of any kind, and Company’ liability to you is limited; and
* Disputes arising under these Terms will be resolved by binding arbitration.
BY ACCEPTING THESE TERMS, YOU AND Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with Company.
1. Account Access
You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:
1. That you are at least eighteen (18) years old;
2. That you have not previously been suspended or removed from the Service; and
3. That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Accounts and Registration
To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
3. Scope of License
The App is licensed, not sold, to you for use only under the terms of this license. Company reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Company hereby grants you a personal, limited, revocable, non-transferable license to use the App on compatible devices that you own or control, solely for your non-commercial use.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Company that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Payment Terms
4.1. General Payment Terms
Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. Please visit our Help Center for information on how we calculate the fee estimate. All fees are in U.S. Dollars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.
Company, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within fifteen (15) days after the delivery was completed. Company may change the delivery or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time.
Company will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Company reserves the right to determine final prevailing pricing. (Please note the pricing information published on the website may not reflect the prevailing pricing.) Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Service at any time as we deem necessary for our business. We encourage you to check our website periodically to learn more about how we charge for the Service.
4.2. Authorization
You authorize Company to charge all sums for orders that you make and services you select to the payment method specified in your account. When you order on Company, a temporary pre-authorization hold is placed on your payment card to verify that the card is valid and has credit available for your intended purchase. Once your order is complete, you will be charged the final order total and the pre-authorization hold will be lifted within 24-72 business hours, depending on your bank. The pre-authorization hold remains even if an order is canceled by a customer or by Company and may remain on your card for up to 5 business days.
Company also places an initial temporary pre-authorization hold on each new payment method you add to your account.
4.3. Delinquent Accounts
If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us via our Help Center.
4.4. Customer Not Available
Company reserves the right to charge a customer the full order amount if that customer is not at the designated delivery location when the courier arrives to complete the delivery.
4.5 Cancelled Orders
If you cancel your Company order you may be charged depending on what stage the order was in when you cancelled. If you cancel a delivery after it has been accepted but is not yet being prepared by the merchant, you will not be charged a cancellation fee. If you cancel a delivery after a merchant has started preparing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee of up to $4. If you cancel a delivery after it is out for delivery, you will be charged the full price of the order.
4.6 Returned Items
If an item has to be returned for any reason, you may be subject to a non-refundable $15 return/restocking fee. For alcohol items, the courier reserves the right to refuse delivery and return the item(s) if the name on your ID does not match the name on your order, if you are not at least twenty-one (21) years old ("Legal Age"), if you cannot provide valid government-issued photo ID that you are Legal Age, or if you are visibly intoxicated.
5. Third-Party Interactions
5.1. Third-Party Providers
During use of the Service, you may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. Company and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Company or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Company disclaims any and all responsibility or liability arising from such agreements between you and a third party.
5.2. Couriers
You may engage third-party Couriers through the Service to provide delivery services to you and may interact with those Couriers. Any interactions or disputes between you and a Courier are solely between you and that Courier. Company and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
5.3. Third-Party Advertising
The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
5.4. Links to Third Party Sites
The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
6. Your Use of the Service
In order to use the Service, you agree to the following:
* The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
* You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
* Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
* You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use;
* You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
* You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;
* You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Company makes available the means for embedding any part of the Service;
* You agree not to access, tamper with, or use non-public areas of the Service, Company’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’ providers;
* You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
* You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;
* You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;
* You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service;
* Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by individuals, including without limitation Customers, who are Legal Age. If you are a Customer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide government-issued photo identification to your courier upon delivery to you. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. You further understand and acknowledge that neither Company nor the courier can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party merchant accepts your order; and
* You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.
7. Consent to Use of Data
Please see Company’ Privacy Policy, for more information regarding information Company collects, and how it uses and shares that information.
8. Intellectual Property Ownership
The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Company and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Company in these Terms are expressly reserved.
9. Feedback
You may choose to, or Company may invite you to, submit comments, bug reports, ideas or other feedback about the Service ("Feedback"). By submitting Feedback, you agree that Company is free to use such Feedback at its discretion without any obligation to you. Company may also choose to disclose Feedback to third parties. You hereby grant Company a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
10. Communications
10.1 Text Messaging
By using the Services or Software, you agree that the Company and those acting on its behalf including but not limited to MiTaco.com may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services or Software without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to us indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may opt-out of receiving all text messages from Company at any time by deactivating your account or sending an email to us indicating that you no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or service offered by Company. If you change or deactivate the phone number you provided to Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.