(Terms of Service) (Terms and Conditions)
Yokestreet, LLC,(Yokestreet) wishes to establish and publish terms and conditions for users(“User”) of Yokestreet’s developed and published apps/products/services/etc (“Services”).
Prior to utilization of Services, User agrees to the Terms and Conditions (“Terms”) published at https://Yokestreet.com/terms-and-conditions. Agreement of “Terms” takes place upon successfully downloading and opening a Yokestreet Services product. Yokestreet Terms may be referred to in any of the following formats, and not limited to:
Terms of Service
Terms and Conditions
Other documents that may reference “Terms” within Yokestreet publications.
“DeliveryLink”= Yokestreet developed delivery platform including app for Client
“User”= Any individual that has downloaded and/or uses the DeliveryLink app, and must be associated with Guest in performing Services; e.g., “Driver”
“Guest”= Recipient of product originating from Client and fulfilled by User
“Client”= Establishment using DeliveryLink to perform delivery of products
“Driver”= See User
“Diner”= See Guest
“Restaurant”= See Client
“Services”= Yokestreet developed mobile apps, software products, services, products.
Yokestreet operates DeliveryLink, a service that connects and collects data to/from point of sale systems (“POS”) with Users and/or Client with Guest and which automates the Client’s ordering and delivery of products on behalf of client fulfillment. As a User for a DeliveryLink Client you will interact with Yokestreet according to the terms set forth below.
We own and operate DeliveryLink and the related consumer web- and mobile-sites and mobile application(s), and selected other domains (collectively, the “Platform”). These “Terms” constitute a contract between you and us (the “Agreement”) and governs your access to and use of the Platform. By accessing and/or using the DeliveryLink app, you agree to all the terms and conditions of our Agreement. If you do not agree, do not use the mobile DeliveryLink app. As used in this Agreement, “Yokestreet,” “we,” “us,” and “our” shall mean Yokestreet.
You may use the mobile DeliveryLink app only if you are an authorized employee or independent contractor of a Client As a User, you will use the Platform solely for the purpose of obtaining and fulfilling delivery orders and providing Services to Guests (“Services”). Your right and ability to continue using the mobile DeliveryLink app for the purpose of fulfilling delivery orders will terminate immediately if you are terminated by the DeliveryLink Client.
Use of the mobile DeliveryLink app requires that you register and/or create an account (“Account”) by providing certain personal information. In consideration of the use of the mobile DeliveryLink app, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete; if you fail to do any of the foregoing, Yokestreet will have the right to notify the DeliveryLink Client and restrict your access to the mobile DeliveryLink app.
You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities and any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Yokestreet of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the mobile DeliveryLink app; and (b) ensure that you exit from your Account at the end of each session. Yokestreet will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) or (b) above, or for any acts or omissions by you or someone else using your Account and/or password.
By accessing the mobile DeliveryLink app, you will have the ability to: indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Restaurant and/or Restaurant diner (the “Diner”); and view the transaction log for those orders you have fulfilled. Your ability or authorization to use or not use any of the above features may be curtailed by the DeliveryLink Client.
You agree that you will act as a “Service Yokestreet,” as such term is defined in the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. (the “CCPA”), in the performance of your obligations pursuant to the Agreement. Accordingly, by using the Platform, including the mobile DeliveryLink app, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation Guests’ data (e.g. Guests’ names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, “Diner Data”), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. For clarity, you shall not retain, use or disclose Diner Data beyond what is necessary to provide the Services without the express consent of the Diner, nor download, store and/or sell any information you process in connection with the provision of Services outside of the mobile DeliveryLink app or otherwise use Diner Data for any purpose other than providing the Services. You also agree to comply with any written requests from Guests or Yokestreet to delete Diner Data.
YOKESTREET IS A TECHNOLOGY COMPANY AND DOES NOT OPERATE ANY DELIVERY OR TRANSPORTATION NETWORK. YOKESTREET DOES NOT CONTROL THE TIME, MANNER, EQUIPMENT, OR MATERIALS BY WHICH YOU PROVIDE THE SERVICES. NOTHING CONTAINED IN THIS AGREEMENT CREATES EITHER AN EMPLOYEMENT AGREEMENT OR AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN YOU AND YOKESTREEET. YOU MUST LOOK TO THE DELIVERYLINK CLIENT FOR ALL PAYMENT, TRAINING, INSTRUCTIONS, AND QUESTIONS RELATING TO YOUR PROVISION OF SERVICES.
OUR MATERIALS AND LICENSE TO YOU
As between you and Yokestreet, the Platform, including the mobile DeliveryLink app, and everything on it (collectively, the “Materials”), except for the Diner Data and data that you directly provide about yourself on the mobile DeliveryLink app, are owned by or licensed to Yokestreet and protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries. Please be advised that Yokestreet enforces its intellectual property rights to the fullest extent of the law.
Yokestreet reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform, including the mobile DeliveryLink app, and/or services offered on or through the Platform (or any part thereof), including but not limited to the mobile DeliveryLink app’s features, look and feel, and functional elements and related services.
By accessing the mobile DeliveryLink app, you agree to the following conditions:
You will only use the Platform as permitted by the DeliveryLink Client;
You will not disclose, and will maintain the strict confidentiality of, the Diner Data and transaction logs available through the mobile DeliveryLink app;
You will not access the mobile DeliveryLink app or related services using a third-party’s account/registration, or attempt to impersonate another person, particularly any other Delivery User;
You will not falsely report your geographic location or prevent or otherwise attempt to prevent the mobile DeliveryLink app from accurately reporting your geographic location;
You will not attempt, through any means, to gain unauthorized access to any part of the mobile DeliveryLink app and/or any related service, or any other account, computer system and/or network connected to any Yokestreet server;
You will not attempt to deceive, mislead, confuse, or defraud Yokestreet through any means of circumvention related to the mobile DeliveryLink app or the Services you are purporting to provide;
You will not decompile or reverse-engineer the mobile DeliveryLink app and/or monitor any portion of the mobile DeliveryLink app and/or any Materials and/or other content on the mobile DeliveryLink app, unless an authorized representative of Yokestreet has given you specific permission to do so in writing;
You will not conduct any kind of systematic retrieval of data or other content from the mobile DeliveryLink app;
You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the mobile DeliveryLink app’s content;
You will not use the mobile DeliveryLink app in any manner that could damage, disable, overburden and/or impair any Yokestreet server, or the network(s) connected to any Yokestreet server, and/or interfere with any other Delivery User’s use of the mobile DeliveryLink app;
You will not use any information obtained from the mobile DeliveryLink app or the Yokestreet services (apart from authorized use of Yokestreet services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Diner, Restaurant or another Delivery User;
You will not copy or republish any content, including, but not limited to Diner Data and transaction logs;
You will not license, sell and/or otherwise provide access to and/or use of your Account or the mobile DeliveryLink app to any third party, including without limitation to build a competitive product and/or service;
You will not harass, annoy, intimidate or threaten any Yokestreet employees or agents engaged in providing any portion of Yokestreet’s services;
You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the mobile DeliveryLink app or Yokestreet’s services;
You will not upload or transmit viruses or other harmful, disruptive or destructive files;
You will not disrupt, interfere with, or otherwise harm or violate the security of the mobile DeliveryLink app, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the mobile DeliveryLink app or affiliated or linked sites (including those of our restaurant partners); and
You will not use the mobile DeliveryLink app for any illegal purposes.
Allowing insurance on User Vehicle to expire, if said vehicle is utilized in performing DeliveryLink Services via DeliveryLink app
You agree that the consequences of commercial use or re-publication of Diner Data or Materials from the mobile DeliveryLink app or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. Therefore, you agree that Yokestreet will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
User utilizing Yokestreet Services agree to maintain current valid State approved insurance minimums upon their utilized vehicle and maintain said insurance within the vehicle.
YOKESTREET, GUEST, CLIENT, AND OTHER COMMUNICATIONS
Yokestreet, our Guest, Clients, and/or our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes: (i) to provide notifications related to your Services and Yokestreet’s offerings; (ii) to facilitate scheduling on behalf of the DeliveryLink Client; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. You understand and consent that such messages may be sent using an automatic telephone dialing system. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details. You may opt out of Yokestreet User-specific text messages by texting STOP in response to a Yokestreet User SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. You may also opt out of certain Yokestreet User-specific email communications by following the unsubscribe link at the bottom of a Yokestreet User-related email.
Yokestreet may monitor any and all use of the mobile DeliveryLink app, and may manage the mobile DeliveryLink app in a manner intended to protect our property and rights and to facilitate its proper functioning. If any conduct on or outside of our App violates any terms and conditions of this Agreement; or interferes with other people’s enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole, good faith judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate access to the mobile DeliveryLink app or to any information available through the mobile DeliveryLink app. Yokestreet will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any communication.
You agree to indemnify and hold harmless Yokestreet and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the mobile DeliveryLink app and/or Materials (including without limitation all Diner Data), and/or all Uses of your User Content by Yokestreet and/or any third party authorized by Yokestreet.
THE APP, THE MATERIALS AND ALL OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOKESTREET DOES NOT REPRESENT OR WARRANT THAT THE APP, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APP WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOKESTREET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. YOU (AND NOT YOKESTREET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
THIRD PARTY LINKS
The mobile DeliveryLink app may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Yokestreet does not review, monitor, operate and/or control the Third Party Websites and Yokestreet makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Yokestreet is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Yokestreet reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Yokestreet 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 mobile DeliveryLink app or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Yokestreet’s Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work 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 party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to our copyright agent at: admin@Yokestreet.com
VIOLATIONS OF THE AGREEMENT
Except as provided by your Partner Agreement, Yokestreet 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 mobile DeliveryLink app from a particular device and/or IP address.
CHANGES TO THE AGREEMENT
WAIVER AND SEVERABILITY