Please read these Terms of Service (“Terms”) carefully before using the GNGE Service.
In some instances, we may include annotations to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
These Terms constitute a binding agreement between you and GNGE and its affiliates, subsidiaries, and GNGE.com ("Us", "We", “Our”, “GNGE”, "HeyWe Brands LLC"). “You” and “users” shall mean all visitors to the GNGE Service. You accept these Terms each time you use the GNGE Service, The GNGE app or access GNGE.co. The GNGE Service, app and access to GNGE.co are offered to you, by HeyWe Brands LLC (GNGE). Conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement ("Agreement") you comply in full with all terms herein. Your use of the product constitutes your agreement to all such terms, conditions, and notices outlined herein.
This Terms and Conditions Agreement sets forth the standards of use of the HeyWE Brands LLC services and the websites “www.GNGE.co and www.Heywedeliver.com” (websites) including all additional services provided by HeyWE Brands LLC both of and online services. By using the services provided by HeyWE Brands LLC and the websites or any of our subdomains, you (the ”User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of HeyWE Brands LLC. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.GNGE.co/legal. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The GNGE Service
The GNGE Service is defined as any website, mobile application, or Internet service under GNGE’s control, whether partial or otherwise, in connection with providing the services provided by GNGE. The service of GNGE and the family of HeyWe Brands LLC services is to offer On-Demand support and delivery of products from the local restaurant and retail establishments (“Outlet”, “Partner Outlet”,”Outlet Partner”) at the request of customers.
Revisions to Terms.
We may revise these Terms at any time by posting an updated version to this page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the GNGE Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the GNGE Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The GNGE Service AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the GNGE Service.
By accessing this Website you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by HeyWE Brands LLC. The HeyWE Brands LLC site may not be linked to any other site without prior consent of HeyWE Brands LLC. HeyWE Brands LLC and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if HeyWE Brands LLC believes that customer conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of HeyWE Brands LLC and its affiliates. You hereby represent, warrant and covenant to us, that you shall: (1.) Provide true, accurate, current and complete information. (2.) Maintain and promptly amend all information to keep it true, accurate, current and complete.
Conditions for Use of GNGE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or any member of your household is true and accurate. Without limitation, any speculative, false or fraudulent orders or service requests are prohibited. You agree that the services of this Website shall be used only to request legitimate price and purchase information for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services offered by the Website may result in you being denied access to such services. Overuse means to order or use a service more often than is customarily adequate for a single user, to exceed one's ability to receive services, or to otherwise impede the ability of a service provider to service other customers adequately. Abuse means to place false orders on our Web site, to attempt to tamper with the Website or to modify any part of the site structure or underlying programming code, to verbally or physically abuse any HeyWe Brands LLC service provider who renders service, to refuse payment for any valid order submitted to the Website, and any other forms of abuse to the Web site recognized by local, state and federal laws.
TERMS OF PURCHASE
You agree to pay all fees and charges incurred in connection with your purchases including any applicable taxes. The final charges for your order may be different than those stated on the website. HeyWE Brands LLC does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. We may require additional verification or information before accepting any order.
The right to Change or Refuse Service:
We reserve the right to decline your order at any time before items you order are delivered to you. You can pay with VISA, MasterCard, Discover, or American Express. We can change our prices and billing methods at any time. HeyWe Brands LLC reserves the right in its sole discretion to refuse service at any time or to terminate any Customer or Service Provider account and remove it from the Website at any time.
We may change, suspend, or discontinue any aspect of the GNGE Service at any time, including hours of operation or availability of the GNGE Service or any feature, without notice or liability.
Fees & Payment
The user will be able to pay for services rendered by way of cash, or credit card. As a part of using a service of HeyWE Brands LLC, fees and surcharges will be charged to the user in conjunction with each request, order, and or delivery. User agrees to pay all fees regardless of the amount reasonably charged to the user by HeyWE Brands LLC. In reference to cash orders user gives permission to GNGE to process payment to credit or debit card on file if an order is canceled after allotted cancellation time, payment required is not rendered at the time of request fulfillment, or if it is suspected within reason that GNGE may not receive their payment in a timely manner.
When a customer submits an order to HeyWe Brands (GNGE) website, the order is considered valid upon submission. Your receipt of an electronic or any other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by GNGE upon the completion of the order and delivery of an order, as indicated by our servers and the restaurant responsible for delivery. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Once your order is submitted to HeyWe Brands LLC, we will be responsible for delivering your order in a timely manner to the address provided on the order. The customer is responsible for payment in full when the order is placed or delivered. The customer is responsible for payment of all goods and services, including the cost of any and all additional items Customer adds to the Customer's order -or- the change in price at the restaurant when the order is purchased. Prices are subject to change from prices posted on this site. In the event the Customer fails to timely pay for the additional goods and/or services, HeyWe Brands LLC reserves the right to pursue the Customer by any and all legal means to collect on amounts due and owing. HeyWe Brands LLC also has the option to put the unpaid balance on any other saved card on the account.
Conditions of Sale.
To make a purchase through the GNGE Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or its commonwealths, territories and possessions ("United States"). Each purchase will be considered to be a separate transaction and each delivery will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order.
Methods of Payment.
All payments must be made by Cash, VISA, MasterCard, Discover, or American Express. We currently do not accept checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU AND NOT GNGE 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 (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GNGE of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If GNGE does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GNGE or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. GNGE shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required.
Price Changes and Modifications to Payment Terms. GNGE shall have the right to refuse or cancel any orders placed for items listed at an incorrect price or containing any other incorrect information or typographical errors. GNGE 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, GNGE shall immediately issue a credit to your credit card account in the amount of the charge. GNGE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Not all prices listed on the GNGE service include gratuities for delivery personnel. Some orders may have an automatic Gratuity added, in these cases you are available to request a change of the amount. In cases where you wish to additionally tip delivery personnel, it can be done in cash or by letting a team member know at time of delivery. If you tip delivery personnel using the credit card on file with the restaurant, GNGE will charge the tip amount to the credit card with which you placed the order.
GNGE may communicate with you by email or posting notice on the GNGE homepage. You may request that we provide notice of any security breaches in writing. You agree to receive emails from us at the email address you provided to us for all customer service related purposes.
By using the GNGE Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the GNGE Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the GNGE Service or sending an email to you. You may have a legal right to receive this from receiving electronic notice), please write to us at support@GNGE.com
Any and all communication received by GNGE that comes from any text-based platform connected to your GNGE account is completely the responsibility of the user. It will be assumed that all communication, therefore, is the user and user only with full conscience and ability to make all requests and agreements per communication.
User input and suggestions
We are always excited to hear from our customers. Your input means a lot to the progress of GNGE, and we welcome thoughts and suggestions! If it is something that can make you and other users happen then it makes us better and we it all as a win-win. Email us at support@GNGE.com with any of your questions, comments, concerns and suggestions. PLEASE NOTE:: suggestions are anonymous and we may use them to improve GNGE services without notice, compensation, or attribution.
If you are a Customer interested in submitting a purchase request, our Website is for your personal and non-commercial use or for your commercial use to the extent of ordering services and/or goods for or relating to your business. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, gather, or compile any information (including customer contact information), software, or services obtained from this Website without the prior written consent of HeyWe Brands LLC.
No Unlawful or Prohibited Use:
As a condition of your use of this Website, you warrant to HeyWe Brands LLC that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions, and notices.
You may not access or use the Website for any other purpose other than that for which HeyWE Brands LLC makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HeyWE Brands LLC. Prohibited activities include, but is not limited to:
- Allowing any other person or persons to place orders on your behalf via any form of communication.
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by HeyWE Brands LLC;
- Systematic retrieval of data or other content from the Website or connected accounts to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HeyWE Brands LLC;
- Making any unauthorized use of the HeyWE Brands LLC Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
- Engaging in unauthorized framing of or linking to the Website;
- Transmitting chain letters or junk email to other users;
- Using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- Attempting to impersonate another user or person;
- Using the username, phone number, email, social media profile of another user;
- Selling or otherwise transferring access or accountability of your profile/account;
- Using any information obtained from the Website in order to harass, abuse, or harm another person;
- Using the HeyWE Brands LLC Service as part of any effort to compete with HeyWE Brands LLC or any of its affiliates or to provide services as a service bureau;
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Harassing, annoying, intimidating or threatening any HeyWE Brands LLC employees or agents engaged in providing any portion of the HeyWE Brands LLC Services to you;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- Deleting the copyright or other proprietary rights notice from any Contribution or HeyWE Brands LLC Content; and
- Using the Website in a manner inconsistent with any and all applicable laws and regulations.
Software Available for Download:
Any software that is made available to download or use from this Web site or mobile device marketplace such as but not limited to The apple store, Google play store, or Windows store ("Software") is the copyrighted work of HeyWe Brands LLC and/or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any software not accompanied by a license agreement, HeyWe Brands LLC hereby grants to you a personal, nontransferable license to use the software for viewing and otherwise using this Website in accordance with these terms, conditions, and notices, and for no other purpose. Please note that all software, including without limitation all HTML code, Java code, Active X controls, CSS code, and PHP code contained in this Website, is owned by HeyWe Brands LLC and/or its suppliers and is protected by copyright laws and International treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the user, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
The Mobile app:
You are the sole authorized User of any account you create with HeyWE Brands LLC. You are responsible for maintaining the confidentiality of any password or account number provided by you or HeyWE Brands LLC for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. GNGE has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify GNGE immediately. If you provide your cell phone number to GNGE pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
Order request must be initiated with GNGE and not directly with any outlet, after which we will process the request at our convenience with a prospective establishment. GNGE is not responsible in any part for orders that a user places directly with an establishment and GNGE exercise the right to refuse to fulfill the request holding no responsibility involved with the request in question. The only time for which a customer is permitted to place a request directly with an outlet is if said outlet is listed and in current standing as an affiliated partnered outlet. A partnered Outlet is an establishment that holds a delivery support and delivery administration agreement in place with GNGE. In all cases, we will not be held liable for any issues with the accuracy of order or lack thereof.
Processing your Order to the Outlet:
HeyWe Brands LLC will be responsible for transmitting orders placed on our site to restaurants in a timely manner after submission. HeyWe Brands LLC is not responsible for any delay in transmission of such order due to failures of telecommunications media utilized by HeyWe Brands LLC or by restaurants. Orders are placed with restaurants EXACTLY how the customer placed it, the restaurant prepares the food and is Soley responsible for any preparation/ingredient mistakes. Customer acknowledges that delays may occur in the transmission of any HeyWe Brands LLC order and agrees to hold HeyWe Brands LLC and its employees and agents harmless as stated in paragraph 9 below.
A 5-minute window is given to a customer to cancel a request for all non-ASAP orders. Once that window has passed and the user wants to cancel. the user accepts the responsibility of full cost of the request. It will be at the full discretion of GNGE and GNGE only as to how much of dollar amount or percentage user will be responsible for. The user may cancel a pre-order without penalty if GNGE is notified up until (2) hours prior to delivery arrival time unless goods have been purchased or requested service has been rendered. GNGE reserves the right to render any service before it’s requested time of fulfillment or delivery. Entire order price may be charged to the credit/debit card provided for any cancellations or applicable amendments at any time.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the HeyWE Brands LLC Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third Party Content. The inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and HeyWE Brands LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Instacart all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of HeyWE Brands LLC or any third party; or (iv) impersonates another person. HeyWE Brands LLC reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
HeyWE Brands LLC does not endorse any User Submission or any opinion, recommendation or advice therein, and HeyWE Brands LLC expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against HeyWE Brands LLC with respect thereto. HeyWE Brands LLC may provide links to websites owned or operated by third parties. HeyWE Brands LLC does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk. All stipulations outlined herein apply to also all available social media platforms in which HeyWE Brands LLC has an active account now or in the future. Linking to by way of linking or mentioning HeyWE Brands LLC, the domain name attached or the account name owned by GNGE on that platform by the provided “mentioning protocol provided in each platform’s perspective manner; can also be construed a Submission to HeyWE Brands LLC.
Official Social media accounts of HeyWE Brands LLC are:
Intellectual Property Ownership
GNGE Marks. All GNGE logos and product and service names are or may be trademarks of GNGE (the “GNGE Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the GNGE Marks.
The Product contains various information in the form of data, text, audio, graphics, and other materials from HeyWe Brands LLC and third parties (the "Content"). You acknowledge that the App and various elements contained therein message. by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of HeyWe Brands LLC or its respective owners. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may: (i) print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, (ii) temporarily store copies of such Content in your computer’s and/or mobile devices RAM that are incidental to your accessing and viewing of such Content, and (iii) store files that are automatically cached by your mobile device for display enhancement purposes.
The trademarks, service marks and logos used and displayed on our site are registered and unregistered trademarks of ours. You must not use such trademarks without the prior written permission of the HeyWe Brands, LLC. All other names, logos, product and service names, designs and slogans appearing on our website, app, or printed material are the trademarks of their respective owners.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
If you believe that any Content on our site violates your or a third party’s copyright, please notify us by providing the following information to us at our e-mail address at firstname.lastname@example.org or our mailing address via U.S. Mail 5608 Monmouth Ave Ventnor NJ 08406 ATTENTION IP MANAGER: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our site; (4) your address, telephone number and email address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the GNGE Service infringe your copyright, you (or your agent) may send GNGE a “Notification of Claimed Infringement” requesting that the material is removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the in our product are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GNGE to locate the material on the GNGE Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GNGE a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the GNGE Service should be sent to GNGE, Attn: DMCA Agent, 419 Lafayette Street, New Jersey, NY 10003. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
We appreciate hearing from our users and welcome your comments regarding the GNGE Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:
- Shall own, exclusively, all now known or later discovered rights to the creative ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Limitation of Liability
YOU AGREE THAT HEYWE Brands LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY PERSONAL SHOPPER, PERSONAL SHOPPER SERVICES, DRIVER, ASSISTANT, DISPATCHER, DELIVERY PERSONS, MANAGER, ; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF HeyWE Brands LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT HeyWE Brands LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL GNGE’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO HeyWE Brands LLC HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Website may be interfered with by numerous factors outside of our control. IN NO EVENT SHALL HeyWe Brands LLC AND/OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE THIS WEBSITE, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE, OR INTENDED USE, OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HeyWe Brands LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify and hold harmless HeyWE Brands LLC and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), 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 your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. GNGE shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.HeyWe Brands LLC should handle any and all disputes between restaurants and Customer directly with that Outlet, or Customer. In the event that you have a dispute with one or more restaurants you release HeyWe Brands LLC (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to indemnify, defend and hold HeyWe Brands LLC and its affiliates, licensors and suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to the violation of this contract or use of our product.
WARRANTY AND DISCLAIMER
HeyWe Brands LLC IS ACTING SOLELY TO DELIVER PRODUCTS BETWEEN BUSINESSES AND CUSTOMERS AND IS NOT ACTING IN ANY OTHER CAPACITY WITH EITHER CUSTOMERS OR RESTAURANTS, INCLUDING BUT NOT LIMITED TO, JOINT VENTURE, CO-OWNERSHIP, BROKER OR AGENCY RELATIONSHIP OF ANY KIND WITH ANY CUSTOMER OR RESTAURANT. IT IS RECOMMENDED THAT PRIOR TO MAKING ANY BUYING DECISIONS YOU CONSULT PROFESSIONALS AS APPROPRIATE.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by other users and third parties, and explicitly disclaim any representations or warranties regarding the accuracy of restaurant menus viewable through the GNGE Service. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.
The App and the Content, materials, and services on this site are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on the App, for any interruptions or errors in accessing the App, or for any viruses or other harmful components contained in the App or the server from which our site is made available. Neither we nor any of our affiliates make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP OR THE SERVICES OFFERED THROUGH THE APP, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SERVICES OFFERED ON THE APP OR RESULTING FROM ACCESS TO OR OTHER USE OF THE APP OR RELIANCE ON ANY INFORMATION PRESENTED ON THE APP, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted under the law.
Modification of The Product:
HeyWe Brands LLC (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. HeyWe Brands LLC may discontinue or revise any or all aspects of the product in its sole discretion and without prior notice.
HeyWe Brands LLC reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Modification of this contract will be deemed effective upon publication on the Website with respect to any Customer actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Governing Law and Jurisdiction
Term and Termination of Agreement
This Agreement is effective upon the use of the Website, Software or the Service. You or the GNGE may terminate your participation in the Service at any time, for any reason and the Company may prohibit your use of the Website, Software or Service at any time in its sole discretion. The terms of this Agreement and any subsequent modification of this Agreement shall remain in effect in perpetuity including after you or the GNGE terminate your participation and use or access to the Software or Service for any parts of the product.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New Jersey, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the GNGE Service or any service owned in full or in part by HeyWe Brands LLC.
These Terms and the relationship between you and GNGE shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions. You and GNGE agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the GNGE Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Atlantic County, New Jersey. You covenant not to sue GNGE in any other forum.
You also acknowledge and understand that with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (90) DAYS AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
HeyWe Brands LLC Attention GNGE.
5608 Monmouth ave
Ventnor NJ 08406