Thank you for your interest in Osprey Technologies, Inc. (“us”, “we”, or “Osprey”) and the application (“App”), web site (“Site”), and other downloadable software we offer (the “Platform” or “Osprey Platform”) and have linked these Terms and Conditions (“Terms”) to. These Terms represent a legal agreement between you and Osprey and govern your use of the Platform. In order to use the Platform, you must agree to these Terms.
All references to “You” or “Your” within these Terms mean the person who accesses or uses the Platform. If you use the Platform on behalf of an entity or organization you represent that you have the legal authority to bind that entity to these Terms, and the use of “You” or “Your” shall refer to that entity or organization.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE OSPREY PLATFORM YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM.
The Osprey Platform connects you and other consumers (“Customers”), restaurants and/or merchandise businesses (“Retailers”), and independent delivery drivers (“Drivers”). Osprey’s software allows for you and other consumers to place orders for Pickup or delivery (“Software”). When you place an order for delivery, the Software forwards that order to the relevant Retailer(s), and once ready for pickup by a Driver, notifies the Driver that there is a delivery opportunity, to which he/she can accept, reject, or ignore. When you place an order for Pickup, the Software forwards your order to the relevant Retailer(s) and sends you a notification once it is ready to pick up. The Software facilitates these on-demand delivery or Pickup services. Osprey is not a restaurant, retailer, food preparation business, or delivery service.
Osprey is not liable for Retailers’ compliance with local, state, or federal laws, regulations, rules, or standards pertaining to their business. Osprey does not independently verify, and is not liable for, the quality of the products Retailers sell on the Platform or the representations made by Retailers for such products. Osprey strives to hold Retailers to its Partner Code of Conduct but does not represent or warrant that all Retail Partners are in compliance with this Code of Conduct. If, however, we discover a Retailer’s failure to comply with our Code of Conduct, we will take immediate disciplinary action, up to and including a relationship termination between Osprey and the violating Retailer.
Osprey is neither a retailer of the products sold by Retailers on the Platform nor a delivery service for those products. Osprey is a technology company that has created the Platform to facilitate the transportation of goods and orders from Retailers to Customers by permitting Drivers to pick up and deliver these goods and orders. Drivers are independent contractors and are not employees, partners, agents, joint ventures, or franchisees of Osprey. Drivers are required to enter into a legal, binding agreement with Osprey that requires them to comply with local, state, and federal laws and regulations. Osprey does not direct, control, or require Drivers to perform any services (“Contracted Services”), and instead presents them with opportunities to complete deliveries (“Delivery Opportunities”), which they are given the right to accept, reject, or ignore. Additionally, Osprey does not control the means by which Drivers conduct Contracted Services and explicitly disclaims any responsibility or liability for the services performed.
By using our Services, Software, or the Platform, you acknowledge and agree to the collection, sharing, and use of certain personal information by Osprey, as outlined in our Privacy Policy, which is incorporated into this Agreement for reference. You further agree to be bound by the Terms of this Agreement, as well as any additional agreements and policies which are posted on our website and mobile application.
Osprey reserves the right to modify, change, amend, or revise any part of this Agreement, or the Agreement entirely at any time. You should and are encouraged to review these changes at ospreydelivery.com/terms as continued use of the Osprey Platform represents that you acknowledge, understand, and agree to the effective Terms.
You agree that the Platform is licensed, not sold to you, and that you may only use the Platform as described in these Terms. Any and all rights not expressly granted to you are strictly reserved by Osprey. Subject to your compliance with these Terms, we grant you a personal, limited, non-sublicensable, non-transferable, and revocable license to access and use the Platform exclusively for your personal, non-commercial use, and only in compliance with all legal requirements that are applicable to you or your use of the Platform. Osprey, in its sole discretion, may revoke this license at any time.
You may not modify, alter, reproduce, rent, sub-license, lend, sell, or redistribute the App or any content thereof. If you breach any of these licensing restrictions or otherwise exceed the Scope of this license, you may be subject to prosecution and legal damages, including without limitation liability for infringement of intellectual property rights. Please be advised that Osprey enforces its intellectual property rights to the fullest extent of the law.
In order to use the Platform, you agree to and will be governed by the following Terms;
a) Your use of the Services will solely be for lawful purposes. You will not use the Services to engage in fraudulent or unlawful behavior, including without limitation impersonation of another individual or entity, or accessing another Account without the permission of the owner, and you will not engage in behavior that is harmful to other Consumers, Drivers, Retail Partners, Osprey
b) You will not use any spambot, spider, scraper, robot, or any other automated means of accessing or mining content or data held within the Platform
c) The Platform and any content thereof contains proprietary content, information, and materials that are protected by applicable laws, including intellectual property laws, trade secrets, and copyright law.
d) You will only use the Platform and our Services in accordance with all applicable laws as referenced in Section 4(c) above.
e) You will not use any other User’s account without the consent of said User, and will not impersonate another individual or entity, or forge or manipulate any identifiers to disguise any content’s origin on the Service.
f) You will (i) not bypass any security features of the Platform (ii) not mine any content on the Platform (iii) not access or use the Platform in means other than human use, including but not limited to all automated or robotic means of accessing or using the Platform and (iv) only access the Platform by means permitted by Osprey.
g) You will not use the Platform to infringe upon the rights of any other party including without limitation, using the Platform to harass, annoy, abuse, stalk, threaten, defame another party, and you further agree that Osprey is not responsible for any such use by you, including any content of the messages you send through the Platform.
h) You will use the Software and Services for only your sole use, and will not license, sell, distribute, copy, reproduce, stream, display, publish, or in any way exploit, in part or in whole, the Software, Services, or the Platform itself, without the written consent of Osprey.
i) You will not copy, distribute, transfer, or sell the software of the Platform or any content held within the Platform, including Retailer’s menu’s or inventory lists, reviews, logos, or any other content, and you will not use the Platform, or any content held within the Platform, for commercial purposes, including but not limited to selling, advertising, or contracting to Retailers, Customers, or Drivers, unless otherwise permitted to do so by Osprey.
j) The information you have provided to us when creating or updating your account is accurate and you will notify us in a timely manner of any changes to such information and will provide us with reasonable photo proof of identification if we request it.
k) You will not use, access, tamper with, or attempt to gain access to any non-public areas of the Platform, any of Osprey’s computers or technical systems, or the computers or technical delivery systems of Osprey’s providers.
l) You will not, in part or in whole, decipher, reverse engineer, alter, damage, disassemble or otherwise change the Platform or the software that provides the Platform, or encourage, direct, or request a third-party to do so.
m) You will not institute any time-bombs, viruses, malware, worms, trojan horses, or any other harmful code or program to the Platform.
n) You will not abuse our promotional offer or credit system, including opening multiple accounts to gain access to promotional offers or credits made available to first-time users.
In the event that we discover you have breached any of these governing Terms whatsoever, we reserve the right, in our sole discretion, to suspend, deactivate, or remove your Osprey Account.
In some locations and from some Retailers you may be given the option to purchase and request delivery of alcohol products including but not limited to wine, beer, vodka, spirits, rum, cider, or liquor (collectively, “Alcoholic Beverages”). Alcoholic Beverages may only be purchased by Customers over the age of 21. If you purchase any Alcoholic Beverages you represent and warrant to us that (i) you are of legal age in your jurisdiction to purchase and consume alcohol products and (ii) you will provide a valid form of US government-issued photo identification to your Driver upon delivery to you and prior to receiving any Alcoholic Beverages. Valid forms of photo identification include a government-issued driver’s license; a US-issued passport; or a US Armed Forces identification card containing your date of birth and a photo of yourself. You understand that a photo-id issued by any country other than the United States is not an acceptable form of photo-id. Deliveries of Alcoholic Beverages cannot be accepted by Osprey, and you agree and acknowledge that the Retailer and Driver both must accept your order for you to receive it. You further acknowledge and agree that Drivers are given the exclusive authority to refuse and deny the delivery of any Alcoholic Beverages for any reason whatsoever, and must refuse the delivery if you are observably intoxicated or smell of alcohol, regardless of your legal age. If the Driver makes the decision to refuse delivery and return the Alcoholic Beverage(s), the return shall follow the Terms listed in Section 6 (g).
You understand that the prices displayed for Retailers’ Products on the Platform may not correspond to the prices for the same products on Retailers’ own mobile or web applications, or their in-store prices. Product prices as displayed on the Platform are not necessarily the lowest prices available for the product, and Retailers are required to enter into a separate agreement with Osprey which gives them the right to control their product prices without interference from Osprey.
Due to the way the Platform operates, there may be times when Osprey cannot guarantee the purchase price a Retailer will charge for a product or a menu item, such as weighted produce. When your cart includes a product or menu item that the Platform cannot determine the price of, it may attempt to estimate the price for that product or menu item (“Estimated Subtotal”).
Likewise, when the Platform cannot guarantee the applicable fees that will be charged once the order is completed and delivered, such as any applicable taxes and/or Osprey Fees, it may assign an estimate for such fees (“Estimated Fees”). There may be times when the Platform is unable to estimate the price or fees, like when the cost of a product or menu item is unknown.
Some aspects of the Platform, such as placing orders, may require you to pay fees to Osprey. We reserve the right to, in our sole discretion, make changes, updates, add, or remove any fees that we see as necessary or suitable for our business. At times we may incorporate the fees into the prices of products or menu items. You will be given the opportunity to review and accept an estimate of any fees, along with other costs you will be charged for. You acknowledge that the final fees may differ from the estimates, and agree that a fee will be charged and that you will pay said fee.
Osprey will charge the payment method that you chose or designated at the time of purchase. At times Osprey may place a temporary hold on your card or preferred payment method to verify its authenticity. This temporary hold will be released within seven (7) days.
Charges and fees paid for by you for completed and delivered orders are final and non-refundable. Osprey is not obligated to provide any refunds or credits. However, at our sole discretion, we may grant refunds, credits, or promotional offers to specific customers.
You give Osprey the authorization to charge all aggregates for orders placed by You to the payment method that you have designated in your account. You acknowledge and agree that if there is a problem with your selected payment method we may charge any other valid payment method provided in your account.
If Osprey believes that a payment method is potentially fraudulent, we retain the right, in our sole discretion, to request additional information about said payment method before you may add it to your account or use it to make purchases on your account.
If you have any outstanding payments on your account after Osprey has provided you notice of such payments, Osprey reserves the right to suspend, restrict, or terminate your access to the Platform, and we may send your account information to a debt collector/collection agency where you may be required to pay collection debts/fees and could be subject to collection action.
When you place your order using the Platform, you are certifying to us that you will be at the delivery location when the Driver arrives to deliver and complete your order, or at the pickup location if you placed your order for pickup. In the event that you are not at the delivery location when the Driver arrives, or fail to pick up your order from the Retailer, Osprey retains the right to charge you the full amount of your order, including any fees.
In the event that you cancel your order, you may be charged depending on the stage of the order at the time you canceled it. You can learn more about order cancellations by visiting our Help Center.
You may be subjected to a $15 return fee in the event that an item has to be returned for any reason. If a Driver returns an Alcoholic Beverage because (i) you failed to provide proof of identification with a government-issued form of photo ID; (ii) the name on the ID differed from the name attached to the account; (iii) you are not of legal age to purchase or consume alcohol in your jurisdiction; or (iv) you were observably intoxicated or smelled of alcohol, you will be charged a return fee.
Through the Platform, you may be given the opportunity to optionally provide your Driver with a gratuity (a tip), or you may optionally provide your Driver with a gratuity in-person with cash. You acknowledge and agree that any gratuities paid by you to your Driver through the Platform shall be subjected to Osprey’s Driver Pay System. Drivers are guaranteed minimum earnings of $7 for each order they deliver and complete. Osprey pays Drivers a base pay of $2, and any tip goes towards the minimum $7, this is known as the Driver Pay System. For example, if a customer tips $5, Osprey will pay $2 and the Driver will earn $7, but if a customer tips $8, Osprey will pay $2 and the Driver will earn $10. In all scenarios, Drivers keep 100% of gratuities paid forth by you to the Driver, and Osprey does not interfere with or obtain any such gratuity. You acknowledge that you are not required to pay your Driver(s) a gratuity—either in cash or through the Platform—and that any gratuity paid forth by you to your Driver(s) is done at your sole discretion.
You agree that any and all disputes or claims relating to your relationship with us, use of the Platform or the Platform itself, transactions made through the Platform, or any and all disputes or claims relating to these Terms, shall be solved by binding individual arbitration, rather than in court. This Arbitration Agreement shall apply to all disputes and claims during and after the termination of this Agreement. For clarity, this Arbitration Agreement shall survive termination of this Agreement and/or your relationship with Osprey. The Parties agree that this Arbitration Agreement shall be governed by the Federal Arbitration Act, including the enforceability and interpretation of the Terms in this Arbitration Agreement.
BY AGREEING TO THESE TERMS, YOU AND OSPREY EACH WAIVE THE RIGHT TO GO TO COURT OR PARTICIPATE IN A CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION, AND MUST SOLVE ANY AND ALL DISPUTES, CLAIMS, AND/OR CONTROVERSIES ON AN INDIVIDUAL LEVEL THROUGH AN INDIVIDUAL ARBITRATION PROCEEDING.
Despite the Terms listed in the paragraph directly above, the Parties agree that (i) nothing in this Arbitration Agreement prevents either party from bringing individual action in small claims court, so long as the action remains in said court and advances on an individual basis, and does not advance on a class, collective, or representative basis; (ii) either party may seek equitable relief in a court of law for misuse of intellectual property, such as infringement of copyright, trade secrets, trademarks, domain names, and patents).
All arbitrations shall be administered virtually by JAMS (the “Arbitrator”) and will conform to the Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), which are included in this clause solely for reference. The parties agree that the Arbitrator, not a local, state, or federal court or agency, retains sole authority in resolving any and all controversies, claims, or disputes that arise challenging the enforceability, legality, validity, obligations, or the breach of this Agreement. The Arbitrator is bound by these Terms.
The Parties acknowledge that resolving disputes informally with good-faith can be beneficial for both parties. You and Osprey agree that prior to demanding arbitration against the opposite party both parties shall meet and confer, either by telephone call or through video chat, to informally resolve any disputes. Your counsel may participate in the call if you have a counsel, but you must fully participate in the call as well. The complaining party shall notify the opposite party of their intent to initiate an individual resolution call, which shall occur sixty (60) days after the receiving party receives the notice unless an extension is mutually agreed upon by the Parties. In the event you need to notify Osprey that you intend to initiate an individual resolution call, please send an email with your name, phone number associated with your Osprey account (if applicable), email address associated with your Osprey account, and a description of your claim to help@ospreydelivery.com. During the time between receiving notice and conferring via a call, the Parties are free to attempt to resolve all disputes. Taking part in an individual resolution call is a requirement that must be satisfied prior to beginning arbitration.
You acknowledge and agree that if You commence arbitration in accordance with these Terms you will be required to pay a $500 fee in order to begin the arbitration. If the Arbitrator determines that the claim or arbitration is non-frivolous, you will be required to pay half of the fees invoiced by JAMS, including filing fees and other expenses. Unless stated otherwise by the Arbitrator or applicable law, you are responsible for your own attorneys’ fees.
Through use of the Platform, you may make purchases of goods and/or services from third-party Retailers through the Platform. You agree that any activity, including any and all interactions, disputes, terms, conditions, warrants, representations, controversies, or claims arising from or associated with such activity is exclusively between you and the relevant third-party Retailer. Osprey shall have no responsibility, obligation, or liability for any purchase, transaction, or interaction between you and any third-party Retailers.
The Platform may contain links to third-party advertisements, websites, and/or web or mobile applications (collectively, “Third-Party Content”). When you click on a link to Third-Party Content Osprey will not warn you that you are leaving the Osprey Platform or website and does not warn you that you will be subject to the terms & conditions, including any privacy policies, of the website or destination you are visiting. Osprey is not in control of Third-Party Content and is not responsible for such Content. Osprey does not review, approve, endorse, or make any warrants or representations in regards to Third-Party Content, and you understand that when you click on a link to Third-Party Content you are doing so at your own risk. You should review all terms, policies, and other legal agreements, including all privacy and data practices, prior to visiting the link destination. Additionally, you should review and investigate any Third-Party Content or Retailer as much as you, in your sole discretion, deem necessary prior to making a purchase or interaction between yourself and the third-party Retailer. Osprey disclaims any and all liability arising from activity between you and third-party Retailers as stated in Section 8 (a).
The Platform permits you to engage with third-party Drivers to provide delivery services. Any and all interactions, including any disputes, between you and a third-party Driver are exclusively between you and that Driver. Osprey is not liable for and shall have no obligations or responsibilities for any interactions between you and third-party Drivers.
The Platform may contain third-party advertisements, or other marketing content. By agreeing to these Terms, you agree to experience such marketing and advertisements.
Osprey uses Stripe for our online-payment processing. By agreeing to these Terms, you are also agreeing to the Stripe Connected Accounts Agreement, Stripe Services Agreement, and the Stripe Privacy Policy. Parts of the Platform contain features from Google Maps and Google Maps API(s). By agreeing to these Terms, you are also agreeing to the Google Maps/Earth Additional Terms of Service, and the Google Privacy Policy.
You acknowledge and agree that this Agreement is exclusively between You and Osprey, and not the Google Play Store or Apple App Store (the “App Stores”). You acknowledge and agree that each App Store is a beneficiary of this Agreement and shall retain the right, along with its affiliates, to enforce the terms and conditions of this Agreement.
Osprey and its licensors explicitly own all media, materials, and intellectual property rights contained within the Platform. This Agreement is not a sale of and does not grant you any ownership over any of the Software, Services, or the Platform itself. Excluding the limited license granted to you, by you in Section 3, and upon agreeing to this Agreement, no other rights, licenses, or immunities are granted to you or shall be assumed granted to you under these Terms. You agree not to obscure, alter, change, or modify any copyright, trademark, service mark, or any other proprietary ownership notices contained within the Software, Services, or the Platform itself. All rights not explicitly granted to you by Osprey in these Terms shall be the sole rights of Osprey.
When you use the Platform, or sign up for an account with the Platform, we collect information that you provide to us. You can and are encouraged to learn more about the information we collect and how we use it by reading our Privacy Policy, which you also agree to when you sign up for an account or use the Platform.
Through use of the Platform, including communications between You and Osprey, Drivers, and/or Retailers, you may be able to submit, post, upload, designate, or make available (collectively “Upload”) photographs, reviews, ratings, favorites, favorite Retailers, video clips, and other content (collectively “User Content”), which may or may not be viewable by other Users.
You acknowledge and understand that any User Content you Upload through or to the Platform shall be deemed and remain as Osprey’s property, and you will not be compensated in any way whatsoever for any User Content you Upload. You agree that User Content that you upload shall be deemed and remain as non-confidential and non-proprietary, and you grant Osprey with a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with Osprey, its partners, affiliates, or subsidiaries, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed upon otherwise in writing by Osprey, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.
When you Upload User Content to or through the Platform you represent that you have all such rights to share and transmit such User Content without violating the rights of any third-party. You agree that you are solely responsible for any and all User Content you Upload to or through the Platform, and that Osprey is not responsible for, and does not control any User Content, except as set forth in Section 10 (d). You acknowledge that when you use the Platform you may be exposed to User Content Uploaded by other Users that is offensive, inaccurate, indecent, or otherwise undesirable. You agree to indemnify, defend, and hold harmless Osprey of any and all claims, disputes, or allegations in connection with User Content that you Upload. Osprey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree you will fully cooperate with Osprey in asserting any available defenses.
You agree that Osprey reserves the right, but does not have any obligation, to remove, edit, move, or reject any User Content that is Uploaded to or through the Platform. Osprey, in our sole discretion, retains the right to remove any User Content that is a violation of these Terms, or that it otherwise deems as objectionable, including any User Content that violates intellectual property rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL OSPREY’S AGGREGATE LIABILITY EXCEED THE FEES YOU HAVE PAID TO OSPREY IN THE THREE (3) MONTHS PRECEDING THE EVENT THAT AROSE SUCH CLAIM, OR $1,000, WHICHEVER IS LESS. UNDER NO CIRCUMSTANCES SHALL OSPREY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE).
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. THE QUALITY OF SERVICES PROVIDED BY THIRD-PARTY DRIVERS ARE SOLELY THE RESPONSIBILITY OF SUCH THIRD-PARTY DRIVERS. YOU FURTHER AGREE THAT BY USING THE PLATFORM, YOUR PRODUCTS, INCLUDING FOOD, MAY BE SUBJECTED TO POTENTIALLY HARMFUL SITUATIONS, AND OSPREY IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF SUCH SITUATIONS.
YOU WAIVE AND RELIEVE OSPREY FROM ANY AND ALL LIABILITY OR CLAIM, INCLUDING DAMAGES, ARISING FROM YOUR RELATIONSHIP WITH A DRIVER AND/OR RETAILER. OSPREY DOES NOT AND WILL NOT INDEPENDENTLY ASSESS, EVALUATE, OR VERIFY THE SAFETY, QUALITY, OR LEGALITY OF THE PRODUCTS PROVIDED BY RETAILERS ON THE PLATFORM, AND YOU FURTHER WAIVE AND RELIEVE OSPREY FROM ANY AND ALL LIABILITY OR CLAIM, INCLUDING DAMAGES, RELATING TO RETAILERS AND THE PRODUCTS THEY PROVIDE. OSPREY IS NOT A PARTY OF DISPUTES OR NEGOTIATION OF DISPUTES, AND SHALL NOT BE REQUIRED TO PARTICIPATE IN ANY DISPUTE(S) OR NEGOTIATION OF DISPUTE(S) BETWEEN YOU AND ANY DRIVER OR RETAILER.
THIS LIMITATION OF LIABILITY FULLY APPLIES IN ALL STATES AND TO RESIDENTS IN ALL STATES, INCLUDING NEW JERSEY AND RESIDENTS OF NEW JERSEY.
You are fully responsible for your use of the Platform. You agree to indemnify and hold harmless Osprey, its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents (each an “Indemnified Party”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in connection with (i) your User Content; (ii) your violation of these Terms, including any breach of any representation, warranty, or agreement referenced in these Terms; (iii) your misuse of the Platform, Services, or Software; (iv) your violation of the rights of a third-party, including without limitation any and all intellectual property rights, privacy rights, confidentiality rights, or property rights; or (v) your violation of any relevant laws, rules, or regulations in relation to your use of the Platform, Software, or Services.
In the event of any claim, allegation, proceeding, or suit alleging any event mentioned in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Osprey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree you will fully cooperate with Osprey in asserting any available defenses.
You agree that the Terms in this Section 12 shall survive any termination of your account, this Agreement, your relationship with Osprey, and your access to the Platform and the Software and Services.
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE, SERVICES AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OSPREY MAY PERIODICALLY MAKE CHANGES TO THE SOFTWARE, SERVICES, AND THE PLATFORM AT ANY TIME AND WITHOUT NOTICE TO YOU.
OSPREY RELIES ON RETAILERS TO SUPPLY AND DISPLAY ACCURATE ALLERGEN AND DIETARY INFORMATION IN REGARDS TO PRODUCTS THEY CHOOSE TO SELL THROUGH THE PLATFORM. OSPREY DOES NOT WARRANT, TAKE RESPONSIBILITY FOR, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, CURRENT, COMPLETE, RELIABLE, OR FREE OF ERRORS, INCLUDING WITHOUT LIMITATION NUTRITIONAL INFORMATION, ALLERGEN INFORMATION, RETAILER HOURS, MENUS, PRODUCT PHOTOS, REVIEWS, DESCRIPTIONS, PRICING, OR FOOD OR PRODUCT QUALITY. ALL CONTENT PROVIDED ON THE PLATFORM IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY, AND ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK.
OSPREY DOES NOT WARRANT THAT OUR SOFTWARE OR SERVICES ARE FREE OF ERRORS, MALWARE, OR COMPUTER VIRUSES, AND OSPREY SHALL NOT BE LIABLE FOR ANY COST WHATSOEVER RESULTING FROM OR IN RELATION TO REPLACEMENT OR SERVICING OF EQUIPMENT OR DATA.
During the use of the Platform, the Software and Services may be subjected to delays, glitches, limitations, and other technical problems (“Internet Delays”) resulting from the use of the internet and electronic communication(s). Osprey shall not be liable for such Internet Delays, including damage, delivery failures, and loss or injury that result from such Internet Delays, except as explicitly set forth in its Privacy Policy or as otherwise required by applicable law.
Osprey, at any time, at its sole discretion, and without liability to you or any third-party, retains the right to modify the Software, Services, and Platform at any time, with or without providing notice to you, and may modify, suspend, deactivate, or terminate your access to the Software, Services, and Platform. Additionally, Osprey reserves the right to take legal action, including without limitation engaging in civil, criminal, or injunctive redress. In the event thereof, this Agreement shall remain fully enforceable against you, regardless of if your access to the platform has been modified, suspended, deactivated, or terminated. Osprey, in its sole discretion, reserves the right to terminate or suspend your account, with or without providing notice to you, and shall have no liability whatsoever for terminating or suspending your account. We also reserve the right to modify, alter, change, or discontinue the Platform with or without providing notice to you, including removing, changing, modifying, or discontinuing features of the Platform.
You may terminate these Terms at any time and for any reason by ceasing use of the Platform, uninstalling the app, or closing your Osprey account. Sections 6 (d), 8, 9-16, and 18 shall survive termination of these Terms.
The following Terms apply to any Software downloaded or accessed through the Apple App Store. You acknowledge and agree that these Terms are solely between you and Osprey, and not Apple, Inc (“Apple”), and that Apple is not responsible or liable for the Platform or any content held within the Platform.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
Apple is not responsible for handing or addressing any claims resulting from your use or ownership of the Platform, including (i) product liability claims; (ii) any claims that the Platform fails to comply with any applicable regulatory or legal requirements; or (iii) claims arising under consumer protection or similar legislation.
Apple is not liable for the investigation, defense, settlement, or discharge of any claim by a third-party that the Platform and/or your use of the Platform infringes upon such third-party’s intellectual property rights.
You represent and warrant that you are (i) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) not listed on any U.S. Government list of prohibited or restricted parties.
Osprey reserves the right to modify or update these Terms without prior notice, and such modifications or updates will be effective immediately upon being posted at ospreydelivery.com/legal/terms. You are encouraged to review these Terms periodically and familiarize yourself with the effective Terms, because as long as you use the Platform, you are agreeing to the Terms and any changes we make to them.
Except as otherwise provided in this Agreement, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.The failure of Osprey to enforce any right or section in these Terms shall not constitute a waiver of such right or section unless acknowledged and agreed to by Osprey in writing.
Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
Osprey uses Stripe for its payment services. By agreeing to this agreement, you also represent that you have read, understand, and agree to the Stripe Connected Account Agreement, the Stripe Terms of Service, and the Stripe Privacy Policy.
No joint-venture, agency, entity, partnership, or employment relationship exists between You and Osprey, or any of Osprey’s third-party providers, as a result of this Agreement and/or use of the Services, Software, or the Platform.
This Agreement is governed by the laws of the State of North Carolina.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Osprey without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
These Terms comprise 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.
