Terms and Conditions
In consideration of KostaDelivery.com ("KostaDelivery.com," "we," "us" or "our") providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, KostaDelivery.com or our pages and/or accounts on social media websites (the “Kosta Delivery Service”) and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site and the other materials on the Site KostaDelivery.com (collectively, and as such may be revised from time to time by us, the "Content"), and, you hereby agree to the following terms and conditions (together with the Terms and Conditions, if agreed by you, these "Terms of Use").
KostaDelivery.com reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.
GENERAL
The Site is solely a facilitator of communications between the merchant and users. Unless expressly stated otherwise on the Site, if applicable, the services or products featured on the Site are offered, provided, sold by other merchants and delivered by us. We are in no way responsible for the quality of goods or services offered by the merchants. All questions regarding merchant products and/or services should be directed to the appropriate merchant.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
The Site, KostaDelivery.com, and content submitted by us are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site KostaDelivery.com and all content submitted or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express written consent. Use of the Site, KostaDelivery.com, or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is prohibited. You agree not to use the Site KostaDelivery.com or the Content for any unlawful purposes and to comply with any and all requests from us to protect our respective rights in the Site, KostaDelivery.com, and all content submitted by us. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, KostaDelivery.com, or the Content to, in each case, whether alone or with others, engage in any activity or provide any product or service that, in our good faith judgment, is competitive with KostaDelivery.com’s products or services, or disparage or discredit KostaDelivery.com or any of KostaDelivery.com’s products or services. You may use the Site, KostaDelivery.com, and all content submitted by us only for your personal use. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site, KostaDelivery.com and/or the Content, including for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site KostaDelivery.com. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. If you have any questions about any materials posted on the Site KostaDelivery.com we urge you contact us.
NON-KOSTADELIVERY.COM CONTENT, PRODUCTS AND SERVICES; USER SUBMITTED CONTENT
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement made on the Site KostaDelivery.com, by anyone other than authorized KostaDelivery.com spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or otherwise using the Site KostaDelivery.com or the Social Media.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
In the event you use the Site, KostaDelivery.com, any and all content submitted by us on Social Media or the links included on the Site, KostaDelivery.com or any and all content submitted by us on Social Media to gain access to any World Wide Web site or any Internet location or a source of information, including social media websites, of any company, organization or person other than KostaDelivery.com, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such sites, locations or sources, for your use of such information, content or links found at any such sites, locations or sources, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly. We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-KostaDelivery.com site, location or source does not signify our sponsorship or endorsement of such site, location or source or any of the contents of such site, location or source. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
The Site KostaDelivery.com use the Freewebstore application programming interface but are not endorsed or certified by Freewebstore, Inc. All of the Freewebstore (including all Freewebstore badges) and the Freewebstore trademarks displayed on the Site KostaDelivery.com are the property of Freewebstore, Inc.
NO OBLIGATION TO KEEP INFORMATION CURRENT
We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site, KostaDelivery.com or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site, KostaDelivery.com.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, KostaDelivery.com, a computer, a pager or other wireless device or otherwise (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our team has communicated with you using Electronic Messages, the team may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES THE SITE, KOSTADELIVERY.COM AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOSTADELIVERY.COM PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE, KOSTADELIVERY.COM, MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, KOSTADELIVERY.COM WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE KOSTADELIVERY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. KOSTADELIVERY.COM PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING THE USE OF THE SITE, KOSTADELIVERY.COM OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT KOSTADELIVERY.COM) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE, KOSTADELIVERY.COM. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, KOSTADELIVERY.COM OR ANY LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE, ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITYBY USING THE SITE KOSTADELIVERY.COM YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD KOSTADELIVERY.COM PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE KOSTADELIVERY.COM OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE KOSTADELIVERY.COM (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF THE KOSTADELIVERY.COM PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) (i) you are the person to whom used to access the Site KostaDelivery.com and the information you provided to us, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site KostaDelivery.com on behalf of the person, company or organization to whom you used to access the Site KostaDelivery.com;
(B) if you are accessing the Site KostaDelivery.com on behalf of a person, company or organization you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site KostaDelivery.com;
(C) you will not reverse engineer, decompile or reverse compile any of our technology, including any software or Java applets associated with the Site KostaDelivery.com;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site KostaDelivery.com and/or the Content;
(E) you will access and use the Site KostaDelivery.com in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use;
(F) if we grant you access to the Site KostaDelivery.com in your individual capacity, you are of the age of majority; and
(G) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or otherwise using the Site KostaDelivery.com, and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm any KostaDelivery.com Parties or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any KostaDelivery.com Parties or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).
INDEMNIFICATION
You shall indemnify and hold harmless KostaDelivery.com and their partners from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Site KostaDelivery.com and/or the Content, and/or (iii) any and all information or content submitted by you or otherwise using the Site KostaDelivery.com including for claims that any of it violates, infringes or misappropriate any proprietary rights, or right of publicity, privacy or any other right of any third party.
LOCATION; GOVERNING LAW
The Site KostaDelivery.com are published in the United States. You agree that any access to or use of the Site KostaDelivery.com or solely between you and us, will be deemed entirely at our facility, under and subject to applicable law, rules and regulations, to the same extent as if you were to physically come to our offices and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the local laws without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or local courts. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.
MODIFICATION; TERMINATION
We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site KostaDelivery.com (including the Content or hours of availability) and/or your access to or use of the Site KostaDelivery.com and/or the Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, KostaDelivery.com modifies, suspends, terminates or discontinues your access to or use of the Site KostaDelivery.com and/or the Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site KostaDelivery.com and/or the Content, and your relationship with us.
FORCE MAJEURE
None of the KostaDelivery.com Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of KostaDelivery.com, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of KostaDelivery.com Parties with respect to the affected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.
MISCELLANEOUS
These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site KostaDelivery.com and to use the Content and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in these Terms of Use and other terms and conditions that are subject to these Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor we may assign or delegate rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site KostaDelivery.com.
ELECTRONIC DOCUMENTS
We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site KostaDelivery.com by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site KostaDelivery.com or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site KostaDelivery.com intend to form a legally binding contract between you and KostaDelivery.com; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.
Last Updated: March 2023
