Thank you for your interest in the TruckBux application for your mobile device (the “App”) provided to you by TruckBux LLC (“TruckBux, “us”, or “we”), and our website at TruckBux.com (the “Site”), as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the App and Site, our "Service"). These Terms of Service (these "Terms"), including the PrivacyPolicy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. These Terms constitute a legal agreement between you and TruckBux. In order to use the Service you must agree to these Terms.
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
TruckBux provides a mobile app and web-based technology platform that connects consumers and food truck vendors to provide an efficient and streamlined process to order services. TruckBux is not a retail store, restaurant, food delivery service, merchandize delivery service or food preparation entity.
The food trucks available on our application and/or website operate independently and have entered into agreements with us to provide the food and delivery services available to you on the site and/or application. The food trucks are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; TruckBux is not responsible for the food trucks' food preparation or safety and does not verify any food truck compliance with applicable laws. In addition, TruckBux does not guarantee the quality of what the food trucks sell, nor does it guarantee the services provided by the food truck, including in those cases where the food truck provides the delivery services. Any employee provided by the food truck as a delivery contractor is an employee of Truckbux, LLC and will be governed by policies set by TruckBux, LLC. In addition, TruckBux does not independently verify representations made by food trucks regarding their food, including without limitation any menu- or food truck-level descriptors or disclosures.
Some deliveries are provided by TruckBux's network of independent delivery service providers ("DSPs"). DSPs have entered into agreements with TruckBux, which require DSPs to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. TruckBux shall not be liable or responsible for any delivery services provided by DSPs or any errors or misrepresentations made by them.
You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites. Notwithstanding the foregoing, you are prohibited from using the Sites if you are under the age of 13.
Use of the Sites to order requires that you register and/or create an account ("Account"). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TruckBux has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TruckBux has the right to block your current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify TruckBux of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. TruckBux will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
General Payment Terms:
TruckBux will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. TruckBux reserves the right to determine final prevailing pricing of all items ordered through the Service. Please note the pricing information published on the Site or in the App may not reflect the prevailing pricing. In some cases, the estimated pricing at time of checkout may differ from prevailing pricing; for instance, a food truck vendor may charge more for some items than is estimated within the App. In cases in which prevailing pricing is different than the estimated pricing, the fees you are ultimately charged may be different than the estimate. You acknowledge and agree to pay the prevailing pricing and fees.
TruckBux, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Service or fees charged to you. TruckBux reserves its right to expire or modify any promotion at any time.
Certain features of the Service, including placing orders, may require you to pay fees. TruckBux may change the service fee or any other fees for any feature of the Service, including by adding fees, on a going forward basis at any time as we deem necessary for our business. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. The final fees may differ from the estimate, which may be the result of any requested substitutions or the ultimate prevailing price of the items (discussed further below). In some cases we may not be able to provide an estimate of the fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee.
TruckBux, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within forty-eight (48) hours after the completion of the delivery for which the credit and/or refund request was made.
You authorize TruckBux to charge all sums for orders that you make and services you select to the payment method designated in your account. When you order on TruckBux, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, you will only be charged the final order total once your order is registered as complete within the TruckBux system, which generally occurs between 24-48 business hours after you receive your order. In the event that the pre-authorization is greater than the final amount, the difference will be returned to you after your order is completed or cancelled, which may take up to 5 business days depending on your bank.
TruckBux also places an initial temporary pre-authorization hold on each new payment method you add to your account.
TruckBux reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.
Customer Not Available:
TruckBux reserves the right to charge a customer the full order amount if that customer is not at the designated food truck location within a reasonable amount of time to pick up the order.
If you cancel your TruckBux order you may be charged depending on what stage the order was in when you cancelled. If you cancel an order after it has been accepted but is not yet being prepared by the merchant, you will not be charged a cancellation fee. If you cancel an order after a food truck vendor has started preparing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee of up to $4.
With the exception of User Content (defined below), the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to TruckBux. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to TruckBux, LLC. Please be advised that TruckBux enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of TruckBux or the appropriate third party owner, as applicable.
If you download any software from the Sites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. TruckBux reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
You agree that the consequences of commercial use or re-publication of User Content or Materials from the Sites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that TruckBux will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
TruckBux may provide you with interactive opportunities on the Sites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked food trucks (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Sites ("User Content").
You grant TruckBux an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with TruckBux's business and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant TruckBux a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a TruckBux diner, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Sites or the services we provide, TruckBux shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.
User Content transmitted to certain parts of the Sites, including, without limitation, food truck pages and certain Interactive Areas, may be posted in public areas on our Sites, including without limitation in a compilation format, and as such will be publicly visible and accessible. TruckBux and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Sites. We do our best to encourage civility and discourage disruptive communication on the Sites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
TruckBux may monitor any and all use of the Sites; however, we are under no obligation to do so. We may manage the Sites in a manner intended to protect our property and rights and to facilitate the proper functioning of the Sites. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Sites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Sites. TruckBux will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.
The Sites may allow you to rate and post reviews of food trucks and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are not endorsed by TruckBux, and do not represent the views of TruckBux or of any affiliate or partner of TruckBux. TruckBux does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the food truck; (2) you may not have a proprietary or other affiliation with either the food truck or any of its competitors; (3) you may not draw any legal conclusions regarding the food trucks' products, services or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.
Customers placing orders will receive up to 5 text message alerts about each order placed on the Sites. You may unsubscribe from this service at any time. To unsubscribe, text "STOP" to 94833. To resubscribe, text "START" to 94833. If you need assistance, text "HELP" to 94833.
Additionally, customers may receive up to 5 additional text messages following receipt of a delivered order soliciting feedback relating to that order. If you do not respond to a text question soliciting your feedback, the remainder of the questions pertaining to that order will cease. You may unsubscribe from all such feedback texts by texting "STOP" to 32318. To resubscribe, text "START" to 32318. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from TruckBux, the food truck or your delivery person regarding your order or its delivery unless you also text "STOP" to 94833, and even in such event, you may still receive individual texts from your delivery driver that will enable your delivery driver to successfully complete the delivery of an order.
Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require assistance, you can call our customer care team at 1-877-585-7878.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TruckBux DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TruckBux DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT TruckBux) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. THIS EXCLUSION IS ENFORCEABLE IN NEW JERSEY.
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). TruckBux does not review, monitor, operate and/or control the Third Party Websites and TruckBux makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, TruckBux is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. TruckBux reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Sites is subject to any and all additional terms, policies, rules or guidelines applicable to TruckBux's services or certain features of the Sites that we may post or link to on the Sites (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Sites. All such Additional Terms are hereby incorporated into this Agreement by reference.
TruckBux respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide TruckBux's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
Please send this notification to our copyright agent at: TruckBux Holdings Inc., 3004 Danbury Court Yardley, PA 19067
TruckBux reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws principles.
II. Arbitration Rules The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425& or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
III. Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased and a separate affidavit for waiver of fees for California residents only at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTG_004304&RevisionSelectionMethod=LatestReleased .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
IV. Arbitration Location and Procedure Unless you and TruckBux otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TruckBux submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
V. Arbitrator's Decision The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. TruckBux will not seek, and hereby waives all rights TruckBux may have under applicable law to recover attorneys' fees and expenses if TruckBux prevails in arbitration.
VI. Fees Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, TruckBux will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
VII. Changes TruckBux reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if TruckBux changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Sites after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing TruckBux written notice of such rejection by mail or hand delivery to: TruckBux, Attn: Dispute Resolutions, 3004 Danbury Court Yardley, PA 19067, or by email from the email address associated with your account to: [email protected], within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and TruckBux in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
Any waiver by TruckBux of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.