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We have the right at any time to change or discontinue any aspect or feature of this site, including, without limitation, our menu, pricing, content, and hours of availability.
2. Methods of Payment
By selecting PAYPAL/STRIPE as a method of payment and submitting your order, you understand that you are committed to fulfilling that order by providing us with full required payment on your pickup or delivery date. If you do not provide us with required payment on time or you input an invalid or fake order, you will be liable for any or all incidental or consequential damages that arise.
By selecting PAYPAL/STRIPE as a method of payment, you understand that you are authorized to use the credit card presented as a method of payment. Before the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information which includes the following: (a) your name as it appears on the card, (b) credit card number, (c) credit card type, (d) expiration date, and (e) any activation numbers or security codes required for processing. If we did not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand to us. The final charges on your credit card may be different than those stated on the website.
The information pertaining to price, product specifications and availability included on this site has been provided by us. Although we try to ensure that the prices marketed on this site are the same, prices and product availability may change, especially if you select a delivery or pickup date that is different from the date when you placed your order.
In addition, though every attempt is made to ensure price accuracy, discrepancies can occur. In the event that your checkout price and the current advertised price on this site are different, you could be subject to the current price in our store. We will notify you under these circumstances. Please note that while we intended to confirm the accuracy of information posted on this site, mistakes can be made as a result of inaccurate reporting of accurate information or accurately reporting inaccurate information. We do not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this site or on those sites to which we offer links. Of course, if you become aware that our site contains inaccurate information, please contact us and let us know.
4. Return or Cancellation Policy
Please choose carefully. Ordered food that is already made may be subject to no refund. If you receive food that is incorrectly made, please contact us within 24 hours for an exchange, refund or credit. All exchange, refund or credit requests will be subject to our sole discretion. If you would like to make changes to an order that has already been placed, please contact us 48 hours ahead of the first scheduled delivery or pick-up time. Order cancellations within 48 hours of the first scheduled delivery or pick-up time, will only be refunded 50%(incl. tax) of the purchased amount. Order cancellations within 24 hours of the first scheduled delivery or pick-up time, will not be issued any refunds.
5. Restrictions on Use
A. This site contains copyrighted material (under U.S. copyrighted laws), trademarks and other proprietary information, which includes, without limitation, text, software, photos, video, graphics, music and sound. You are prohibited from editing, publishing, transmitting, displaying, participating in the transfer or sale, creating derivative works, or in any way exploiting any content on this site entirely or partially. Unless permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission from us, the copyright owner, and our software licensor Woo Commerce. In the event of any permitted copying, redistribution or publication of copyrighted material, no altering or deletion of author attribution, trademark legend or copyright notice shall be made. You agree that you do not obtain any ownership rights by downloading copyrighted material.
B.You are not authorized to extract or copy any account information for the benefit of other merchant(s). You are not allowed to download (except page caching), copy or alter any material on this site. You are not authorized to distribute or commercialize any content on this site, including any collection of product lists, descriptions, or prices. You are not authorized to implement any derivative use of this site or its contents. No parts of this site may be duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. You are not allowed to frame or use framing methods to contain any trademark, logo, or other proprietary information (which includes images, text, page layout, or form) of this site. You may not incorporate meta tags or any other "hidden text" that include our name or trademarks.
C. We grant you a limited, revocable, and nonexclusive right to create a hyperlink to our home page only if the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link.
6. Disclaimer of Warranty and Limitation of Liability
A. You agree that the use of this site is at your own risk. Our store, its affiliates, respective employees, agents, third party content providers and licensors cannot warrant that the site will be uninterrupted or error free. We also do not provide any warranty as to the results that may be obtained from the use of this site, or as to the accuracy or reliability of any information, service, or merchandise included with this site.
B. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of this site.
C. This disclaimer of liability pertains to any damages or injury resulting from any performance failure, mistakes, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action. In no event will we, or any person or entity involved in creating, producing or distributing the site or the content included therein be liable in contract, in tort (including for its own negligence), or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use or inability to use this site. You hereby acknowledge that the provisions of this section shall apply to all use and content of this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, loss and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site.
7. E-mails, Phone calls, and Text Messages:
By registering or placing an order with us, you are consenting to receive emails from us regarding your registration or order. If you do not wish to receive emails from us, you may remove your name from our email list by contacting us.
By participating, you consent to receive text messages sent by an automatic telephone dialing system.
Consent to these terms is not a condition of purchase.
You agree to defend, indemnify and hold harmless our store, software licensor, its affiliates, respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including attorneys' fees) arising out of or relating to your use of the site.
Our store trade name, trademark, and logo appearing on this site are trademarks of us and our affiliates respectively. All other trademarks included on this site are the property of their respective owners.
10. Age Restriction
Online ordering and customer registration for online ordering are directed toward and designed for use by persons aged 13 or older. We do not establish or maintain registrations for any child whom we know to be under the age of 13. We do not solicit or knowingly collect personally identifiable information from children under the age of 13. You will be required to show a government issued photo ID upon arrival in order to provide proof of age.
11. Third Party Content
We are not responsible for the accuracy or reliability of any opinion or statement made on this site by anyone unless it is by our authorized employee spokesperson(s).
12. Changed Terms
We own the right at any time to modify the terms and conditions of this site, or any part thereof, or to implementing new conditions, including, without limitation, additional fees and charges for service. Such modifications, additions, or deletions will be effective immediately with notice, which may be instituted by methods including, but not limited to, site postings, or by electronic or traditional mail, or by other methods. Any use of the site after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, local foodz may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Date of Birth
If you purchase local foodz's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
local foodz may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
local foodz collects and uses your personal information to operate its website(s) and deliver the services you have requested.
local foodz may also use your personally identifiable information to inform you of other products or services available from local foodz and its affiliates.
Sharing Information with Third Parties
local foodz does not sell, rent or lease its customer lists to third parties.
local foodz may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. local foodz may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to local foodz, and they are required to maintain the confidentiality of your information.
local foodz may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on local foodz or the site; (b) protect and defend the rights or property of local foodz; and/or (c) act under exigent circumstances to protect the personal safety of users of local foodz, or the public.
Tracking User Behavior
local foodz may keep track of the websites and pages our users visit within local foodz, in order to determine what local foodz services are the most popular. This data is used to deliver customized content and advertising within local foodz to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by local foodz. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the local foodz website.
The local foodz website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize local foodz pages, or register with local foodz site or services, a cookie helps local foodz to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same local foodz website, the information you previously provided can be retrieved, so you can easily use the local foodz features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the local foodz services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
local foodz secures your personal information from unauthorized access, use, or disclosure. local foodz uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
local foodz does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, local foodz may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from local foodz or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from local foodz, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
Changes to this Statement
local foodz welcomes your questions or comments regarding this Statement of Privacy. If you believe that local foodz has not adhered to this Statement, please contact local foodz at:
local foodz cali inc
974 A st.
Hayward, California 94546
Effective as of November 05, 2020