TERMS & CONDITIONS
Last Updated: February 11th, 2019
Welcome to Last Call! These Terms and Conditions (“Terms”) outline the rules and regulations for the use of Last Call’s website, all associated applications and content, and products and Services made available through Last Call (collectively, the “Site”). These Terms serve as a contract between you and Last Call LC. By accessing the Site, Last Call assumes you accept these Terms in full. Do not continue to use the Site if you do not accept all of the Terms stated on this page.
What’s in the Terms?
- Amendment of Terms. Last Call reserves the right to amend the Terms at our discretion and without prior notice to the Customer. All such amendments will be effective upon the date they are posted to the Site. Your continued access and use of the Site constitutes your consent to be bound by these Terms, whether additional or amended.
What does Last Call do?
- We’re a fun food Platform! Last Call is an online Platform that allows restaurants, grocery stores, and other businesses (collectively, “Merchants”) to discount their surplus food and advertise it to our users, effectively preventing food waste and providing more affordable meal options to members of the community. Through the Last Call Platform, you are able to access third party food products from Merchants. Last Call is not itself a food Service provider, and thus does not control nor claim responsibility for any of the Merchants or their products that are hosted on the Platform.
- We rescue meals. Merchants are able to sell daily fresh, surplus food via the Platform. When multiple meal options are listed under one restaurant, you may purchase a meal and choose one option at checkout. All meals and meal options are subject to availability upon your arrival to the restaurant. Remember, it is the mission of Last Call to prevent food waste, and with the nature of surplus food it is not always possible to guarantee all specified ingredients will be available when you arrive at the restaurant. Food providers may modify or substitute meal options in order to reflect surplus meal availability each day.
- You pay for meals via the Last Call Platform. You can purchase the available meals through the Site once you create your Account. The payment will be handled by PayPal and Braintree and you must provide a current, valid, accepted method of payment to buy Meals. You may not buy meals hosted on the Platform directly from the Merchant, and you must ensure that you pick up the meal during the designated pickup window.
- Be sure to check the ingredients. It is your responsibility to ensure you can safely consume each of the ingredients contained in each meal you purchase and/or consume. Not all ingredients listed in the meal options may be available at the time of purchase, and in such cases substitutions may be allowed at the discretion of the Merchant.
- Merchants are responsible for the food. All of the Merchants on the Last Call Site are required to comply with all local, state, and federal laws regarding the procurement, transportation, storage, and marketing of all food products. All Merchants hosted on the Last Call Site operate independent of Last Call, and Last Call is not responsible for the Merchants’ food preparation or safety, nor does Last Call verify the Merchant’s compliance with applicable laws. Last Call does not independently verify such claims made by a Merchant on the Site, such as photos or descriptions of meals, but strives to provide the best quality to its customers. Last Call shall not be held liable for any personal damages resulting from the purchase and consumption of the food listed on the Platform.
How do people access the Last Call Site?
No person under the age of 13 may access or use the Site. When purchasing items, you must be the authorized holder of the account used for payment. If you are a minor (under the age of 18) in the state where you reside, you must be supervised by a parent or guardian, and the guardian must read and agree to the Terms outlined in this document before using the Site.
When creating an account on the Site, you will enter your email, choose a password, and provide other personal information such as your name and address. If Last Call suspects that any of the information you provide is inaccurate or misleading, we reserve the right to remove your account and block your access to the Site. Ensure you keep your account information, such as email and password, private and confidential. You agree to immediately inform Last Call if you suspect unauthorized use of your account. Additionally, you may only create one account. Last Call will not be liable for any loss, damage, or injury resulting from your failure to keep your information secure. If you are a Merchant or other organization and you create an account, you represent and warrant that you are an authorized representative of any such organization.
These terms are only applicable to users in the United States. All those who access the Site are responsible for complying with all federal laws and local regulations, including rules governing internet data, email, or other electronic messages.
You accept and understand that Last Call reserves the right to terminate, cancel, suspend, or otherwise delete your user account without prior notice. If we believe in good faith that you have violated the Terms or attempted any breach of the Site, then you will not be entitled to any refund, nor will Last Call be held responsible for paying the refund. You agree that Last Call will not be held liable for any damages arising from such termination.
How do you order, pick up, or cancel a Last Call meal?
Once you place an order on the Last Call Platform, you are responsible for directly picking up the meal from the Merchant during the designated pickup window. If you wish to cancel your order, you may do so as long as it is at least 3 hours before the pickup time specified by emailing email@example.com, and Last Call will refund your account in credits. If you fail to cancel 3 hours before the pickup time, or otherwise do not pick-up your meal during the designated window, then you will not be entitled to a refund and Last Call and/or the Merchant may sell your meal to another party without any liability to you. Neither Last Call nor the Merchant will refund any orders if you are late to pick up the order, or otherwise do not pick up the order.
It is a breach of your Account and these Terms if you attempt to purchase a Last Call meal directly from the Merchant, or otherwise attempt to cancel or change the order with the Merchant. It is a breach of the Merchant’s Terms if they attempt to sell this food directly to you, and you should immediately inform us if this occurs. If you have an issue with the meal or with the Service in general, please contact us, not the Merchant. All issues, disputes, or concerns should be made with Last Call, not the Merchant, by contacting firstname.lastname@example.org.
How do you pay for Last Call meals?
When you purchase a Last Call meal, you authorize Last Call and its third-party payment providers (PayPal and Braintree) to charge you for the price of the meal.
When you purchase a meal through Last Call, you are buying one-time access to a specified meal item as listed on the Site. Last Call reserves the right to change our fees and policies at any time, in the case of introducing additional fees (such as cancellation or missed pick-up fees). Occasionally, Last Call may also offer additional products on our Site, such as merchandise or third-party offers, and you are responsible for paying these fees as well should you choose to buy these items or offers.
Taxes and fees are charged on every Last Call meal sold on the Platform. These taxes and fees are generally the same as what you would pay if you were purchasing directly from the Merchant. These taxes and fees are displayed when you check out on the Platform.
How does Last Call communicate with it’s customers?
By voluntarily providing your e-mail and cell phone number to Last Call during the signup process or during checkout, you have chosen to “opt-in” to receive communications from Last Call. You agree that Last Call may contact you by e-mail SMS or MMS at that e-mail phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic e-mail or SMS messaging system. You may unsubscribe from receiving e-mail by selecting “unsubscribe” from the bottom of the email or updating your notification preferences. You may unsubscribe from text messages from Last Call at any time using the instructions below.
If you chose “SMS” as a notification preference in the sign-up process or when you placed an order on the Site, you will receive notifications of meal deals happening near you on a daily, weekly, or monthly basis. You can change the frequency you wish to receive these messages by emailing us at email@example.com or otherwise updating your subscriber preferences via the sign up page on the website. If you wish to unsubscribe from meal deal messages, reply “STOP” to the number sending the message. To resubscribe, text “START” to the same number from the phone number associated with your account
When you place an order through the Site, you may receive order updates via SMS, messages soliciting feedback and/or other information relating to the order. You may unsubscribe from either of these messages by replying “STOP” to the number sending the specific messages. Please note that unsubscribing from one notification service will not automatically unsubscribe you from another. For example, if you unsubscribe from Last Call meal deal notifications, you may still receive order-related messages unless you reply “STOP” to that specific number.
If you unsubscribe from receiving text messages from Last Call through the process described above, you may continue to receive text messages for a short period while Last Call processes your request(s). If you change or deactivate the phone number you provided to Last Call, you have an obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who now owns the phone number(s).
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier is not liable for delayed or undelivered messages.
Who owns Last Call?
Last Call exclusively owns all right, title, and interest, including all related intellectual property rights, in and to the website, Platform, software and Services, including all associated photos, logos, design, and code. These Terms and this Agreement is not a sale and does not grant you any rights of ownership to the Last Call Platform, or grant you any right or license to use them. You agree not to sell, license, distribute, modify, or otherwise copy any of the materials on the Last Call Site or its Services.
What about third-party information or links on the Site?
Occasionally, the Last Call Site will include links to other third-party Sites, including third-party advertisements. We do not endorse any of these links nor guarantee the information is accurate. Your access to any linked Sites and associated content is solely at your own risk.
If you engage with third-party advertisements on the Site, you agree that Last Call will not be held liable for any damages resulting from your interactions or business dealings with other Sites. We strongly recommend you research any third-party Sites and associate yourself with their terms before providing any personal information.
What does Last Call do with your private information?
What is considered a breach in these Terms?
When you use the Site, you agree that you will not use the Site in any way that is prohibited in these Terms. Last Call reserves the right to terminate your account or otherwise refuse Service if we believe you have breached the Terms. In using the Site, you agree:
- not to attempt to gain unauthorized access to the Site or its servers or any other Account on the Site.
- not to impersonate another person or entity, and to only use payment accounts if you are the authorized account holder.
- not to use the Site in any manner that could damage the Site or any user Accounts hosted in the Site
- not to use the Site in any manner to compete with or otherwise replicate Last Call materials or Services
- not to use the Site for any illegal purposes, or to otherwise attempt to interfere with or harm the security of the Site or its Accounts
- not to engage in any fraudulent activity whatsoever in your use of the Site or in accessing Last Call Services.
Disclaimer, Waiver, and Release
All meals offered on the Last Call Platform are provided by third-party Merchants, not Last Call. In using the Service, you agree that purchasing and consuming these meals is solely at your own risk, and Last Call shall not be held responsible nor liable for any damages, personal or otherwise, resulting from your consumption of the meals. While we strive to work with the best Merchants and provide the best meals on the Site, Last Call is not a representative of any Merchant on the Site, nor is Last Call responsible for the quality of meals purchased through the Site.
You understand that Last Call is not a restaurant or food provider, and that the meals available through the Platform are prepared by the associated merchant, not Last Call. Therefore, to the fullest extent that is permissible by law, you release, indemnify, and hold harmless Last Call and its affiliates and associated officers and employees for any claims, losses, damages, liabilities, including attorneys’ fees, arising from your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the following representations, warranties, and covenants.
You agree that, to the fullest extent of the law, your use of the Last Call website, Platform, software, and Services is entirely at your own risk. The website, Platform, software and Services is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
Last Call does not warrant that the Site and all its Services will be error or virus-free, including any downloadable materials on the Site. You are solely responsible for any damages to your computer system resulting from downloading such materials or data.
Limitation of Liability
Cap on Liability. To the fullest extent of the law, the company’s aggregate liability is limited to $50 or the amounts, if any, paid by and/or due from you to the company in the three (3) month period immediately preceding the event giving rise to such claim, whichever is more.
Disclaimer of Damages. To the fullest extent of the law, Last Call or its affiliates, contractors, employees, or third-party partners or suppliers shall not be liable to anyone for any indirect, incidental, special, exemplary, consequential or other damages of any type or kind (including negligence, personal injury, or product liability). Last Call shall not be liable for any loss, damage, or injury which may be incurred by you, including in any way connected with the website, Platform, software, or Services including but not limited to the use or inability to use the website, Platform, software, or Services, or as a result of any relationship or transaction between you and any food Service provider, merchant, or advertiser who appears on the website.
You agree that any dispute or claim relating in any way to your access or use of the Services, including any of the products sold through the Last Call Platform, or to any aspect of your relationship or transactions with Last Call as a consumer of our Services, will be resolved by binding arbitration, rather than in court, except that a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative basis); and b) you or Last Call may seek relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement.
Still have questions?
We welcome any and all comments or questions you may have regarding these terms.
Contact us, anytime:
Last Call, LC
4825 Cordell Ave
Bethesda, MD 20814