Consumer Terms of Service -
United States

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GOGOGUEST, AS DEFINED BELOW.

SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RELATIONSHIP BETWEEN YOU, MERCHANTS AND WE AND  HOW CLAIMS THAT YOU, MERCHANTS AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT, IN PARTICULAR SECTION 13 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT, FOR UNITED STATES CONSUMERS, AS SET FORTH IN SECTION 14 (F);  AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION. 

IN ADDITION: 

• SECTION 4 OF THIS AGREEMENT REQUIRES YOU TO CONSENT TO OUR PRIVACY POLICY.
• SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO OUR USE OF CERTAIN USER CONTENT.
• SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.

1. Application of this Agreement

This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Dial IQ, Inc. dba GoGoGuest. “GoGoGuest,” “we,” “us,” and “our” mean GoGoGuest, Inc., a Delaware corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph. With respect to United States Orders, these Terms and Conditions constitute a legal agreement between you and GoGoGuest and/or affiliated companies, (depending on the Merchant, as defined below). 

‍

Certain provisions of this Agreement apply to the country in which you have selected a pickup address, and such provisions are designated as such using one or more of the following definitions:

• “United States Order” means you have selected a pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).

2. Acceptance of this Agreement 

The GoGoGuest Products and Services is used by Merchants like restaurants, coffee shops, retailers, bars, breweries and more the ability to connect with Consumers like you using guest WiFi captive portal that is associated with a Merchant’s network and Express Commerce to facilitate pick-orders through email and SMS guest engagement channels.

‍

GoGoGuest’s Technology (as defined below) permits consumers to gain access to WiFi connectivity at a Merchant’s physical location and/or place orders for food and/or other goods from Merchants, for pickup, and/or request services from Merchants. If a pick-up order is made. When you or consumers like you place a pick-up order using GoGoGuest, GoGoGuest processes your payment on behalf of the Merchant, sends the details of your pick-up order to the Merchant and notifies the Merchant about the pick-up order you or other consumers placed using GoGoGuest. 

‍

Using the information facilitated and transmitted by GoGoGuest, a Merchant then prepares your pick-up order and notifies you or other consumers’ when that pick-up order is ready at a specific Merchant location.  If a pickup order is made, the Merchant facilitates the communication with you or other consumers regarding the availability of the pick-up order, confirming the pick-up location and the timing for when a pick-up order is ready.  GoGoGuest is not a merchant, retailer, restaurant, grocer, delivery service, or in the food preparation business. GoGoGuest is not responsible or accountable for any refunds or disputes that may be between you or the Merchant. 

‍

If you access any of our websites located at https://www.gogoguest.com/ or captive portal technology located in a Merchant’s location or place a pick-up order from a specific Merchant that use any technology supplied by GoGoGuest (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by GoGoGuest (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the GoGoGuest account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://gogoguest.com/consumer-terms-of-service or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with GoGoGuest; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the GoGoGuest account registration process and to bind such organization to the Agreement.

‍

The specific Services available to you may vary based on the Products or Services that a Merchant has chosen to provide you or other consumers when using GoGoGuest Technology.  A certain function, feature, or Service available to one User may not be available to all Users or at all times, and may only be available in the latest version of the GoGoGuest. The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

‍

3. Modifications

Subject to Section 14(k) of this Agreement, GoGoGuest reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://gogoguest.com/consumer-terms-of-service or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to these modifications, you should immediately cease using the Technology and Services.

‍

4. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with GoGoGuest’s Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional GoGoGuest terms or policies for Users that are published on our website, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

‍

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You will only use the Services for lawful purposes and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by GoGoGuest. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services with an incompatible or unauthorized device.

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless GoGoGuest has given you prior permission to do so in writing.

(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.

(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party.

(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any GoGoGuest server or the networks connected to any GoGoGuest server.

(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any GoGoGuest server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures GoGoGuest may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.

(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, GoGoGuest, GoGoGuest employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that GoGoGuest deems inappropriate when using the Services.

(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(t) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(u) Your participation in using the Services is for your sole, personal, or internal business use.

(v) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

‍

6. Merchants Are Independent

(a) You understand and agree that GoGoGuest provides the Services to connect you with independent Merchants that provide the products and services offered through the Services.  You acknowledge and agree that GoGoGuest is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. GoGoGuest is not in the delivery business, does not provide delivery services, and is not a common carrier. GoGoGuest provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup by a you or others like you from Merchants. GoGoGuest will not assess or guarantee the suitability, legality, or ability of any Merchant. You agree that GoGoGuest is not responsible for the Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and/or delivered by the Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. GoGoGuest has no responsibility or liability for acts or omissions by any Merchant. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated pick-up location. You agree that GoGoGuest holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify GoGoGuest immediately. GoGoGuest will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by GoGoGuest or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if GoGoGuest has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GoGoGuest has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the GoGoGuest and/or services. You agree not to create an account or use the Services if you have been previously removed by GoGoGuest, or if you have been previously banned from use of the Services.

8. User Content

(a) User Content. GoGoGuest may provide you with interactive opportunities through the Services, including, by way of example, the ability to post or otherwise provide to Ratings and Reviews (as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) reflect negatively on GoGoGuest, including GoGoGuest’s goodwill, name, and reputation; (x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, GoGoGuest, or any third party; (xii) violate any law or regulation; or (xiii) violate this Agreement or any community or content guidelines that GoGoGuest may publish from time to time (including but not limited to the GoGoGuest Review Guidelines). You hereby grant GoGoGuest (including GoGoGuest’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with GoGoGuest’s business and in all forms now known or hereafter invented (collectively, “Uses”), without notification to and/or approval by you. You further grant GoGoGuest a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to GoGoGuest herein shall survive termination of the Services or your account. GoGoGuest reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that GoGoGuest may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at GoGoGuest’s sole discretion. GoGoGuest may also access, read, preserve, and disclose any information as GoGoGuest reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of GoGoGuest, our Users, and the public.

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to GoGoGuest through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that GoGoGuest has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to GoGoGuest (including GoGoGuest’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by GoGoGuest and do not represent the views of GoGoGuest or its affiliates. GoGoGuest shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; (iv) for United States Orders, any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (v) for Canada Orders, any Rating or Review you submit will comply with the Competition Bureau’s Enforcement Guidelines and Advertising Standards Canada's Interpretation Guideline for Testimonials, Endorsements and Reviews; (vi) your Rating or Review will comply with the terms of this Agreement; (vii) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; and (viii) any Rating or Review you submit will comply with our Review Guidelines. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action, in GoGoGuest’s sole discretion, as we deem necessary or appropriate.

9. Communications About Your Pick-Up Orders

By creating a GoGoGuest account or using the Technology or Services, you agree to accept and receive communications from an independent Merchant, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to GoGoGuest. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by the Merchant, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. For certain types of communications (for example, marketing, research, or product updates), you may be able to adjust the emails, text messages, push notifications, or other communications you receive from the Merchant in the GoGoGuest application, or through mechanisms or functionality available in the communication. For purposes of clarity, any text message you may receive from a Merchant regarding an order is a transactional text message, not a promotional text message.

‍

10. Electronic Records

By creating a GoGoGuest account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing GoGoGuest at privacy@gogoguest.com with “Revoke Electronic Record Consent” in the subject line.

‍

You agree that all terms and conditions, agreements, notices, disclosures, and other communications that GoGoGuest provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.

11. Intellectual Property Ownership

GoGoGuest alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by GoGoGuest. GoGoGuest names, GoGoGuest logos, and the product names associated with the Technology and Services are trademarks of GoGoGuest or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

‍

11. Payment Terms

(a) Prices & Charges. You understand that: (i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice; (ii) GoGoGuest has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of GoGoGuest or the Merchant (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, GoGoGuest reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on GoGoGuest’s income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement (which, for the avoidance of doubt, includes any fees GoGoGuest charges for DashPass subscriptions). If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, GoGoGuest reserves the right to charge you additional amounts on account of such taxes. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, GoGoGuest reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by GoGoGuest and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

(c) Refunds

(i) United States Orders. This Section 12(c)(i) applies to United States, Orders. Charges paid by you for pick-up orders confirmed by a Merchant, are final and non-refundable. GoGoGuest has no obligation to provide refunds or credits. Refunds are at the sole discretion of the Merchant who processed the pick-up order. You may be required to provide identification information and/or a signature upon pick up and/or receipt of certain orders, as communicated at the time you place your order; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that the Merchant will not honor any claim that your order was not ready for pick-up  and you may be subject to a non-refundable restocking fee. 

In order to make a claim for a refund or credit, please follow the procedures set out in the Technology or Services.

(ii) Promotional Offers and Credits. The Merchant, at its sole discretion, may make promotional offers with different features and different pricing 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: (iii) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (iv) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by the Merchant; (v) are subject to the specific terms that the Merchant establishes for such promotional offer. 

(d) Fees for Services. The Merchant may change the fees that they charge through the GoGoGuest Services,  These charges may be deemed necessary or appropriate for the Merchant’s business, including but not limited to Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Surge Fees. A Merchant may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. Further, GoGoGuest may charge Merchants fees on orders that you place through the Services, including commissions and other fees, and may change those Merchant fees as we deem necessary or appropriate for our business or to comply with applicable law. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by the Merchant through GoGoGuest is for any right to access, install, or use any Technology.

CASES HAVE BEEN FILED AGAINST GOGOGUEST—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH GOGOGUEST, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST GOGOGUEST IN AN INDIVIDUAL ARBITRATION PROCEEDING. 

13. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION 10 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

‍

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding GoGoGuest or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with GoGoGuest as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or GoGoGuest may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or GoGoGuest may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual. The following additional jurisdiction-specific exception to the foregoing applies to United States Consumers only:

(i) United States Consumers Only. You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

“Disputes” are defined as any claim, controversy, or dispute between you and GoGoGuest, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

You and GoGoGuest agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

13.1 Initial Dispute Resolution. Most Disputes can be resolved without resort to arbitration. If you have any Dispute with us, you agree that before taking any formal action, you will contact us at legal@GoGoGuest.com, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

13.2. Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration in San Francisco, CA or another location that we have both agreed to, and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

If you decide to initiate arbitration on behalf of the company or legal entity you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required by JAMS to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. To start an arbitration, you or we must do the following things:

Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111; (415) 774-2609.

Send one copy of the demand for arbitration to us at the U.S. mailing address listed below. We will send a copy of the demand for arbitration to you at the email or mailing address we have on file for you.

Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discoveries will be in accordance with procedures approved by the arbitrator. This Section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

13.3. Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to your use of the Services and the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

13.4 Exceptions. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

13.5 Class Action Waiver. Both parties agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the 

claim, not other GoGoGuest customers, and cannot be used to decide other disputes with other customers.

‍

13.6 Survival. This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

14. Social Media Guidelines

GoGoGuest maintains certain social media pages for the benefit of the GoGoGuest Merchant and Consumer community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

‍

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless GoGoGuest 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, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section 18, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. GoGoGuest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoGoGuest in asserting any available defenses. This Section 18 does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services. You agree that the provisions of this Section 18 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.

‍

16. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 19 MAY NOT APPLY TO YOU. SECTION 19 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. GOGOGUEST WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. GOGOGUEST MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY,RELIABILITY, COMPLETENESS, ORTIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.

GOGOGUEST DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOGOGUEST SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

‍

17. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, GoGoGuest is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

‍

18. Breach and Limitation of Liability

This Section 21 applies to the fullest extent permitted by applicable law, and some provisions in this Section 21 may not apply in certain jurisdictions.

(a) United States Consumers. This Section 18 (a) applies to United States Consumers. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Technology and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 21(a) to keep the Technology and Services simple and efficient, and costs low, for all Users.

(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A MERCHANT’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE MERCHANT USING THE GOGOGUEST PLATFORM IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES.

(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOGOGUEST SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY GOGOGUEST’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA.

(A) A MERCHANT’S SERVICES ON GOGOGUEST TECHNOLOGY COME WITH CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT 1993 (“CGA”). YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A FAILURE OF SUBSTANTIAL CHARACTER AND YOU MAY ALSO BE ENTITLED TO COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE IS NOT OF SUBSTANTIAL CHARACTER, YOU MAY BE ENTITLED TO: (1) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS, THE REPAIR OF THE GOODS, OR A REFUND IF THE GOODS CANNOT BE REASONABLY REPAIRED OR REPLACED; OR (2) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR A REFUND. THERE MAY BE OTHER REMEDIES AVAILABLE UNDER THE CGA, DEPENDING ON THE CIRCUMSTANCES. DOORDASH’S LIABILITY IN RELATION TO ITS PROVISION OF THE SERVICES OR GOODS IS LIMITED TO THE REMEDIES THAT ARE PROVIDED PURSUANT TO THE NON-EXCLUDABLE PROVISIONS AND THE GUARANTEES SET OUT IN SECTION 21(b) OF THIS AGREEMENT.

(B) You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the goods or services (as applicable) for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.

(C) To the extent permitted by law, where the goods or services (as applicable) are supplied in trade within the meaning of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, 13, and 14(1) of that Act. 

(D) You agree and acknowledge that part 3 of the Contract and Commercial Law Act 2017 will not apply.

(E) You agree and acknowledge that you do not rely on the representations or other conduct by a Merchant offering their goods, products and services on GoGoGuest Technology, including any of its officers, employees, and sales representatives, whether during negotiations prior to these Terms being entered into or at any time subsequent to the entry into the Agreement.

19. Exclusive Venue

(a) United States Consumers. If you are a United States Consumer, to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and GoGoGuest agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding GoGoGuest or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with GoGoGuest as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in San Francisco County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.

20. Termination

If you violate this Agreement, GoGoGuest may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

‍

In addition, at its sole discretion, GoGoGuest may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Services, GoGoGuest reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

21. Other Notices

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, a Merchant, GoGoGuest, or any third-party provider as a result of this Agreement or use of the Technology or Services.

(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of: (i) for United States Orders, the State of Delaware consistent with the Federal Arbitration Act;

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) Consumer Complaints. You may report complaints to: (i) for United States Consumers, and in accordance with California Civil Code § 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210; 

(e) Notice. Where GoGoGuest requires that you provide an email address, you are responsible for providing GoGoGuest with your most current email address. In the event that the last email address you provided to GoGoGuest is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, GoGoGuest’s dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that GoGoGuest provides to you electronically (such as through email or posting through the Services, including in your GoGoGuest account) satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You may give notice to GoGoGuest by visiting our Customer Support page and initiating a chat with us. Such notice shall be deemed given on the next business day after such notice is actually received by GoGoGuest.

(g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoGoGuest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and ensures to the benefit of each party and the party’s successors and permitted assigns.

(h) Currency. Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.

(i) Use Only Where Legally Allowed. You shall not access or use any portion of the 

Services if you are not legally allowed to do so where you are located.

(j) Subcontracting. GoGoGuest may subcontract any of its obligations under this Agreement without your prior written consent.

(k) Variation of Our Websites or the Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.

(l) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and GoGoGuest relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

26. Contact Information

GoGoGuest welcomes your questions or comments regarding this Agreement. Please send your questions and concerns to Legal@GoGoGuest.com