Terms of Service

Please read these Terms of Service carefully before using the website located at dionsfood.digital or any services offered by Dions. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dions ("Company," "we," "us," or "our"), governing your access to and use of the website dionsfood.digital (the "Website") and all related content, features, products, and services offered through or in connection with the Website (collectively, the "Services").

By visiting, browsing, registering on, or otherwise using the Website or placing an order through the Website, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Services. By using the Services, you represent and warrant that you meet this age requirement. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. Description of Services

Dions is a food-related business operating in the United States. Through our Website at dionsfood.digital, we provide the following services and/or products:

• Online Food Ordering: Customers may browse our menu offerings and place orders for food products, meals, or related consumables through the Website.
• Delivery and Pickup Services: We may offer food delivery to designated service areas and/or in-store or curbside pickup options, subject to availability, location, and operational hours.
• Account Management: Registered users may create accounts to manage their orders, preferences, saved addresses, payment methods, and order history.
• Promotional and Loyalty Programs: From time to time, we may offer discounts, promotions, loyalty rewards, or special offers to eligible customers, subject to their specific terms and conditions.
• Customer Support: We provide customer support through email and other available channels to address inquiries, complaints, and feedback related to our products and services.
• Digital Content: We may provide recipes, nutritional information, blog content, food-related articles, and other informational content on the Website for informational purposes only.

The availability of specific services, menu items, delivery zones, and operating hours is subject to change without prior notice. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Accounts and Registration

To access certain features or to place orders through the Website, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your account password secure and confidential, and not share your login credentials with any third party;
• Be solely responsible for all activities that occur under your account;
• Immediately notify us of any unauthorized use of your account or any other security breach by contacting us at [email protected].

We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to a violation of these Terms. You may not create more than one account per person or create an account on behalf of another person without their explicit consent.

4. User Obligations and Prohibited Activities

As a condition of your access to and use of the Services, you agree to comply with all applicable federal, state, and local laws and regulations, and you agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Using any automated device, software, process, or means to access, retrieve, scrape, or index the Website or any content on the Website;
• Transmitting any unsolicited or unauthorized advertising or promotional material, spam, junk mail, or chain letters;
• Impersonating any person or entity, including any employee or representative of Dions;
• Uploading, transmitting, or distributing any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein;
• Collecting or harvesting any personally identifiable information from the Website without our express written consent;
• Using the Services to conduct any form of competitive intelligence, market research, or data mining against Dions;
• Attempting to reverse-engineer, decompile, disassemble, or otherwise derive the source code of any software or technology used in connection with the Website or Services.

4.2 Order-Specific Obligations

• You agree to provide accurate delivery addresses, contact information, and dietary preferences when placing orders;
• You acknowledge that it is your responsibility to review your order before submission and that orders once confirmed may not be cancellable or modifiable;
• You agree not to submit fraudulent orders or engage in chargebacks without first attempting to resolve disputes through our customer support channels;
• You agree not to abuse promotional codes, coupons, or loyalty rewards, including creating multiple accounts to exploit promotions.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and "look and feel" of the Website (collectively, the "Content"), are the exclusive property of Dions or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Dions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dions or its affiliates or licensors. You may not use such marks without the prior written permission of Dions. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.1 Limited License

Subject to these Terms, Dions grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services solely for your personal, non-commercial use. This license does not include the right to:

• Modify or copy the materials;
• Use the materials for any commercial purpose;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

5.2 User-Generated Content

If you submit, post, or otherwise make available any reviews, comments, feedback, photographs, or other content to the Website ("User Content"), you grant Dions a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or otherwise control all rights to the User Content you submit and that such User Content does not violate any law or these Terms.

6. Payment Terms

Dions accepts various forms of payment for orders placed through the Website, which may include major credit cards, debit cards, and other electronic payment methods as made available on the Website. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is accurate and complete;
• You authorize Dions (or its designated payment processor) to charge your payment method for the total amount of your order, including applicable taxes, delivery fees, and service fees.

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Dions reserves the right to modify pricing at any time. We make every effort to display accurate pricing; however, in the event of a pricing error, we reserve the right to cancel or adjust orders accordingly and will notify you promptly.

6.2 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. Applicable sales tax will be calculated and displayed at checkout based on your delivery address and applicable tax rates.

6.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be considered at our sole discretion in cases where:

• The wrong order was delivered;
• The order was significantly different from what was described on the Website;
• The food was unfit for consumption upon delivery.

To request a refund or report an issue with your order, please contact us at [email protected] within 24 hours of receiving your order. Refund requests will be reviewed on a case-by-case basis, and our decision shall be final.

6.4 Payment Security

We use industry-standard encryption and security measures to protect your payment information. We do not store full credit card numbers on our servers. Payment processing is handled by our third-party payment processors, and your use of such payment services is subject to their respective terms and privacy policies.

7. Food Safety, Allergens, and Dietary Information

Dions takes food safety seriously and strives to provide accurate information about ingredients, allergens, and nutritional content. However, you acknowledge and agree that:

• Our food products are prepared in a kitchen that may handle common allergens including but not limited to nuts, dairy, gluten, eggs, shellfish, soy, and other allergens;
• Cross-contamination may occur during food preparation;
• Nutritional and allergen information provided on the Website is approximate and may vary due to ingredient substitutions, seasonal changes, or preparation methods;
• It is your sole responsibility to verify that any food product is suitable for your dietary needs, allergies, or medical conditions before ordering and consuming.

If you have severe food allergies or medical dietary restrictions, we strongly recommend that you contact us directly at [email protected] before placing an order to discuss your specific needs. Dions shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Dions does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising. Dions will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

The information, content, and materials on this Website are provided for general informational purposes only and do not constitute professional nutritional, medical, legal, or financial advice. You should not act or rely on any information on the Website without seeking appropriate professional advice for your specific circumstances.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES.

IN ANY CASE, DIONS'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DIONS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT DIONS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages; therefore, the above limitations may not apply to you in their entirety. In such jurisdictions, Dions's liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dions and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website or Services in any manner not expressly authorized by these Terms;
• Your User Content or any content you submit to the Website;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or rights of publicity;
• Any misrepresentation made by you in connection with your use of the Services;
• Any dispute between you and any other user of the Website or Services.

Dions reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Dions. Dions will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Dions. These links are provided for your convenience only. Dions has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any such entities or individuals or their websites.

You acknowledge and agree that Dions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party websites you visit.

12. Governing Law and Jurisdiction

These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you agree to submit to the personal and exclusive jurisdiction of the courts located within the United States for the purpose of litigating all such disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms shall be interpreted and construed in accordance with applicable federal law, including but not limited to the Federal Trade Commission Act (FTC Act), which governs unfair or deceptive acts or practices in commerce, and other applicable federal consumer protection statutes. Where applicable, the terms shall also comply with relevant state consumer protection laws.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information about your California privacy rights.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Dions at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice. If the dispute is not resolved within this timeframe, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute, controversy, or claim arising out of or relating to these Terms or the Services (each, a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English and shall take place in the United States.

The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in excess of the limitations set forth in these Terms.

13.3 Class Action Waiver

YOU AND DIONS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Dions agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent immediate and irreparable harm to that party's interests, including but not limited to protection of intellectual property rights, pending the outcome of arbitration.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. Dions reserves the right, in its sole discretion and without prior notice, to:

• Suspend or terminate your access to the Website or Services, or any portion thereof, at any time and for any reason, including but not limited to your violation of these Terms;
• Delete your account and all associated data, subject to our Privacy Policy and applicable legal requirements;
• Discontinue, modify, or change the Website or Services, in whole or in part, at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Services will immediately cease.

The following provisions shall survive the termination of these Terms: Sections 5 (Intellectual Property Rights), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 17 (Severability).

15. Changes to Terms

Dions reserves the right, at its sole discretion, to modify, update, amend, or replace these Terms at any time. When we make material changes to these Terms, we will notify you by:

• Posting the revised Terms on the Website with an updated "Last Updated" date at the top of this page;
• Sending an email notification to the address associated with your account, if applicable;
• Providing a prominent notice on the Website's homepage or at login.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review this page periodically to stay informed of updates. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.

Changes to these Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except that changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Services.

16. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

If you are a California resident, please be aware that the CCPA/CPRA may provide you with specific rights regarding your personal information, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. Please review our Privacy Policy for more details.

17. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision to the fullest extent permitted by applicable law.

The failure of Dions to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Dions.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Dions on the Website, constitute the entire agreement between you and Dions concerning your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No oral or written information or advice given by Dions or its authorized representatives shall create a warranty or otherwise expand the scope of these Terms in any way. You may not assign or transfer your rights under these Terms without Dions's prior written consent. Dions may freely assign its rights and obligations under these Terms.

19. Force Majeure

Dions shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Dions's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government actions, strikes or labor disputes, power outages, internet service interruptions, supply chain disruptions, or other events of force majeure. In the event of a force majeure, Dions will make reasonable efforts to resume its Services as soon as practicable.

20. Electronic Communications

By using the Website and Services, you consent to receive electronic communications from Dions. These communications may include notices about your account, order confirmations, promotional materials (if you have opted in), and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Dions sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your use of the Website, or our Services, please do not hesitate to contact us. We are committed to addressing your inquiries promptly and professionally.

For legal notices required under these Terms, please send correspondence to our email address at [email protected] with the subject line "Legal Notice – Terms of Service." We will acknowledge receipt of all formal legal notices within a reasonable time period.

For general customer support, order-related inquiries, refund requests, or feedback, please email us at [email protected] and include your order number, contact information, and a clear description of your inquiry or concern.