Round 2 POS Terms of Use
These terms and conditions (these “Terms”) govern your use of www.order.round2pos.com to order food and beverage products (the “Online Ordering Services”). These Terms are between you and Round 2 POS, Inc. (“Round 2” or “we”) and set forth each party's respective rights and obligations.
Round 2's Online Ordering Services
Round 2 provides various technology and services to merchants to facilitate merchants' ability to take and fulfill online orders, including taking payments for such orders. Each merchant who uses Round 2's Online Ordering Services will herein be referred to as a “Merchant.”
Acceptance of These Terms and Incorporation of Related Terms
These Terms and Round 2’s Privacy Policy apply to the Online Ordering Services, whether performed by Round 2 or by a third party on Round 2’s behalf. If you are using Round 2’s Online Ordering Services to interact with a Merchant, the Merchant’s terms of use and/or privacy policy apply, so you should review and accept such documents before using the Online Ordering Services. Because Round 2 cannot guarantee that any Merchant acts in accordance with its terms of use and/or privacy policy, Round 2 shall not be liable for such Merchant’s compliance with them. Similarly, if a third-party delivery management system or service is involved in delivering the Online Ordering Services, Round 2 shall not be responsible for such third party and you should review the terms of use and privacy policy of any such third party before using it or them.
By submitting any information, including registering an account, or by making any use of the Online Ordering Services, you hereby accept these Terms unconditionally. And by doing so, you also state to Round 2 and the applicable Merchant that you: (a) are at least 16 years of age, (b) have the authority to enter into this Agreement, and (c) have read and understand the Round 2 Privacy Policy, the terms of which are hereby incorporated by reference. If you are between the ages of 13 and 18 and your parent or guardian has any questions about your use of the Online Ordering Services, please ask him or her to contact us at (412) 219-3111 or email at legal@r2pos.com. If you do not agree to these Terms, you cannot and must not use the Online Ordering Services. Round 2 may amend these Terms from time to time, and such revised versions will become effective when posted on Round 2’s Website. You should review Round 2’s Website frequently to ensure that you have reviewed the latest version of these Terms.
Permission to Use Ordering Services
By accepting these Terms, Round 2 grants you a non-transferable, non-sublicensable, non-exclusive, limited, revocable license to use the Online Ordering Services and software provided to facilitate the Online Ordering Services through Round 2’s Website. Round 2 may refuse to offer the Online Ordering Service to anyone at any time, and may withdraw access to the Online Ordering Services from anyone at any time, in its sole, unfettered discretion.
Eligibility; Submitting Orders; Personal Information
3.1 You can use the Online Ordering by checking out either as a “guest” or by registering with a Round 2 Merchant through the Website or by any other means that Round 2 or a Round 2 Merchant may make available in the future.
3.2 When you checkout either as a guest or as a registered user, you may opt in to receive communications from the Merchant about any special offers and other benefits and promotions. The Merchant may use the information you provide when checking out to facilitate these communications.
3.3 By using Round 2’s Online Ordering Services, you hereby consent to its use of your information to communicate with you about any product related issues that may affect you, in addition to the communication referenced in section 3.2 above. Although Round 2 may try to contact you as a person who previously purchased an affected product through Online Ordering, Round 2 does not and cannot guarantee that it will notify you of any such product issues, including recalls in each and every case.
3.4 Round 2 shall only share your information with third parties who need to know your information to facilitate the Online Ordering Services and, if necessary, to provide any of the communications set forth in section 3.2 and 3.3 above, and then only in accordance with Round 2 privacy policy. Round 2 does not sell you information to any third parties.
4. Location‑Based Services
If, when using the Online Ordering Services, your computer or other devices have location-based services enabled, you hereby consent to Round 2’s or a third party’s collection of your device’s geolocation for use to facilitate the Online Ordering Services. For more information about how Round 2 may use this geolocation information or how you can opt-out of its collection, please review Round 2’s Privacy Policy located here.
5. Ordering; Fees; Payment
5.1 You must submit your Online Order on the Website. Online Ordering Services may only be available at certain times of the day, so please check the Website for these hours.
5.2 Prices for products displayed for Online Ordering Services may at times be difference for the same products at the physical location. The Merchant may change the prices offered through the Online Ordering Services and applicable fees at any time without notice. Round 2 does not control the Merchant’s pricing and does not guarantee the price of any item on the Online Ordering menu at any time.
5.3 All orders made online are available for customer in-store pick up at the applicable Merchant’s location, unless otherwise indicated on the Merchant’s website. Delivery is ONLY available if specified on the menu and then only if specifically chosen by you AND confirmed thereafter.
5.4 If you choose to have an online order delivered, the Merchant and/or a third-party delivery service may assess a delivery fee (“Delivery Fee”). This Delivery Fee and any applicable taxes will be identified when you place your order and appear on your receipt. Round 2 does not set any menu pricing or any Delivery Fees.
5.5 There may be limits on the dollar values and number of orders that may be placed through the Online Ordering Service. Discounts, coupons, rewards (if any) and other offers may not be able to be used or combined with the Online Ordering Services.
5.6 Payment for the Online Ordering Services may only be made using Visa, MasterCard, Discover, and American Express credit cards online.
5.7 If making payment online, the Merchant is by agreement with Round 2, responsible at all times for the security of your credit card data that it possesses, stores, processes, transmits on your behalf. Because Round 2 uses third-party providers to process and transmit payments and to store your credit card data, Round 2 does not transmit or store your credit card data during the payment process. The Merchant shall obtain your consent as it relates to the use, storage and transmission of your credit card data during the payment process. Round 2 does not warrant, indemnify or accept liability regarding or relating to any payment processing claims.
6. Order Notifications; Pick‑Up or Delivery
6.1 If delivery is available, it may be limited to a specific geographic area. Delivery hours may also be limited and you should check the website for availability and hours.
6.2 If delivery is provided by a third-party delivery service, the Merchant will share your information, including but not limited to, name, address, email, mobile phone number and the details of your order, with the applicable third-party delivery service in order to effectuate your delivery.
6.3 You will always have the option to pick up your online order from the Merchant’s location, but that option must be selected at the time of your order. If you select the instore pickup option, delivery fees will be omitted from your order and should not appear on your receipt.
6.4 By providing the Merchant with a valid email address and mobile phone number, you hereby consent to Merchant’s or a third-party delivery service’s automatically sending you notifications about your order via email and/or text message. Data usage or other like fees owed to your mobile carrier may apply. You do not have to consent to receive text messages to make any purchase from the Merchant.
6.5 Third parties may offer online ordering and/or delivery services through their own websites or mobile apps. Round 2 or the Merchant is not responsible for any statements, claims (including price representations) made on third-party sites or apps and has no responsibility for any order made through a third party. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that service and not to Round 2 or the Merchant. Neither Round 2 nor the Merchant review or have any input regarding the information put on a third party’s website and are not consulted about any third party’s website.
7. Order Cancellations
7.1 Once the online order is submitted, the Merchant will charge your credit card one hundred percent (100%) of the price of the total order amount, and in the case of delivery orders, the applicable Delivery Fee, once the online order is submitted.
7.2 The Merchant may cancel any order at any time for any reason. Notification of such cancellation will be sent to you via your provided contact information. If the Merchant cancels an order pursuant to this Section 7.2, it shall determine, in its sole discretion, whether you are entitled to receive a complete refund.
7.3 Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation. Whether to refund and in what amount is a decision made solely by the Merchant and Round 2 is not responsible for and shall not be liable for any decision not to refund the whole amount or any amount less than the whole amount for any order or orders.
8. Round 2 Intellectual Property
You understand that the Round 2 Website, the Online Ordering Services and any messages that you may receive from time to time from a Round 2 or Merchant contain trademarks, logos, artwork, and text that was created by or for Round 2 or the Merchant, and that is protected by trademark and/or copyright law. You shall not use any such materials without the prior written permission of the Round 2 or the Merchant, as the case may be. Round 2 provides Round 2 technology, which includes the platform, technology, tools and know-how that Round2 uses and that enable end users to interact with the Online Ordering System, which includes payment processing. Round 2 may, at its sole discretion, offer additional services or features in the future. Round 2 may collect information about you through the Round 2 website or Online Ordering System. Round 2 shall maintain and use all such information it collects about you in compliance with its Privacy Policy.
9. Arbitration Agreement
YOU AND ROUND 2 AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
9.1 Because legal disputes can and often are costly, in money, time and energy, you and Round 2 agree that any controversy, claim, action, or dispute between you and Round 2, its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Online Ordering Services or these Terms (“Dispute”), will be resolved by this dispute resolution procedure and arbitration provision (“Arbitration Provision”).
9.2 Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to Round 2 by contacting the Round 2 at (412) 219‑3111 or legal@r2pos.com to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days. Both you and Round 2 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
9.3 Right to Opt Out of this Arbitration Provision. You may opt out of this Arbitration Provision within the first 30 days after the first time you submit an online order. You may also opt out of this Arbitration Provision within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Round 2 at legal@r2pos.com or by sending a letter to Round 2, Attn: Legal Department, 1735 N. Main St. Ext., Butler, PA 16001. You should include your printed name, mailing address, and the words “Reject Arbitration.”
9.4 Right to Bring Small Claims in Court. Instead of arbitration, either you or Round 2 may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
9.5 How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778‑7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Round 2 will reimburse those fees in an amount up to $10,000. Round 2 also waives its own right to seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
9.6 Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Round 2 agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Round 2 hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
9.7 Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Round 2 and/or use of the Online Ordering Services ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
10. Governing Law
These Online Ordering Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.
11. Miscellaneous
If any provision of these Online Ordering Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it will not impact the validity and enforceability of any other provision of these Online Ordering Terms, all of which will remain in full force and effect. Failure of Round 2 to exercise or enforce any right or provision of these Online Ordering Terms will not constitute a waiver of such right or provision in that or any other instance.