Online Ordering Terms of Use

1. Acceptance of Terms

Welcome to the online ordering website of Zestia ("Zestia," "we," "us," or "our"). By accessing and using our website, including placing orders through our online ordering system (the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Website.

2. Website Use and Access

Permitted Use

The Website is provided by Zorgo Inc. ("Zorgo") under contract with Zestia. It is for your personal, non-commercial use to browse our menu, place online orders for food and beverages offered by Zestia, and access related information.

Data Storage for Order Fulfillment

To facilitate online ordering and fulfill your orders, Zorgo Inc., our third-party service provider, will store and process certain user data. This data may include your name, email address, phone number, order history, and delivery information as necessary to process and manage your orders effectively. By using this Website and placing orders, you consent to the storage and processing of your data by Zorgo Inc. for the purpose of order fulfillment and related customer service. Details about data handling practices are further described in our Privacy Policy.

Required Consent for Order Processing

By placing an order through our Website, you are required to agree to our Terms of Service and Privacy Policy. This consent is necessary for us to process your order, handle your payment, and fulfill your request. You cannot place an order without accepting these terms.

Optional Text Message Consent (Marketing)

This consent is completely optional and is not required to place an order. If you choose to check the optional SMS marketing consent box during checkout, you are providing your express written consent to receive recurring automated marketing messages from Zestia at the phone number provided, including promotions, coupons, and cart reminders. Consent is not a condition of purchase. Msg & data rates may apply. You may opt out at any time by replying STOP. For help, reply HELP.

Prohibited Uses

• Use the Website for any unlawful purpose.
• Attempt to gain unauthorized access to any portion of the Website, server, or related systems or networks.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
• Use any robot, spider, scraper, or other automated means to access the Website without express written permission.
• Transmit any viruses, worms, or other malicious code.
• Misrepresent your identity or provide false information when using the Website.

3. Ordering System and Order Placement

Ordering Process

You can place orders through the Website by selecting menu items, specifying quantities and options, and proceeding through the online checkout process.

Order as Offer

Your order placement through the Website constitutes an offer to purchase the selected items from Zestia. All orders are subject to acceptance by us.

Order Confirmation

After you place an order, you will receive an order confirmation, typically via email or on the Website. This confirmation does not guarantee acceptance of your order but confirms that we have received it. Acceptance of your order and the formation of a contract between you and Zestia will occur when we begin preparing your order.

Order Modifications, Cancellations, and Refunds

• You may be able to modify or cancel your order before it is prepared. Contact us immediately if you need changes.
• Once preparation has begun, modifications or cancellations may not be possible.
• If an order is cancelled before preparation begins, you will receive a full refund via your original payment method. For orders cancelled after preparation has started, refunds may be issued at our sole discretion. If you are dissatisfied with your order, please contact us immediately.
• Our policies on modifications, cancellations, and refunds are subject to change and will be communicated at the time of order placement or confirmation.

4. Pricing and Payment

Pricing Accuracy

We strive to ensure that all prices displayed on the Website are accurate. However, errors may occur. In the event of a pricing error, we reserve the right to refuse or cancel any orders placed at the incorrect price, even if your order has been confirmed. If we discover a pricing error after confirmation, we will contact you for instructions or cancel your order and provide a refund.

Payment Methods

We accept online payments through major credit and debit cards. Payment processing is handled securely by Stripe, a third-party payment processor. By placing an order, you authorize Stripe to charge your designated payment method for the total order amount, including applicable taxes and fees.

Sales Tax and Fees

Prices displayed on the Website do not include sales tax, which is applied at checkout. Delivery fees or other service charges, if applicable, will be added to the total during the checkout process. Zorgo will charge a 2% upcharge to your order to facilitate operation costs.

5. Menu and Product Information

Menu Accuracy

We make reasonable efforts to ensure that menu descriptions, photographs, ingredient lists, and other product information on the Website are accurate and up to date. However, menu items, ingredients, and availability are subject to change without notice.

Availability

All menu items are subject to availability. If an item you order is out of stock, we will notify you and may offer substitutions or remove the item from your order and adjust the total price.

Allergen and Dietary Information Disclaimer

IMPORTANT, PLEASE READ CAREFULLY: We provide information about ingredients and potential allergens to the best of our ability. However, our food preparation environment involves shared equipment and surfaces, and cross-contamination is possible. WE CANNOT GUARANTEE THE ABSENCE OF ANY ALLERGENS. If you have severe allergies or dietary restrictions, it is your responsibility to inform us BEFORE placing your order and to verify allergen information upon pickup or delivery. Zestia is not responsible for any adverse reactions resulting from allergies or dietary restrictions.

6. Intellectual Property

Website Content Ownership

The Website and its entire contents, features, and functionality are owned by Zestia and/or Zorgo Inc. and are protected by applicable laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for the purpose of browsing our menu and placing orders for personal, non-commercial use in accordance with these Terms.

Restrictions on Use

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as is incidental to normal Website browsing and use. You must not use any Zestia trademarks, logos, or service marks without our prior written consent.

7. Disclaimers and Limitations of Liability

Website Provided "As Is"

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Warranty of Accuracy

WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZESTIA OR ZORGO LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM ANY USE OF OR INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS, OR OTHER CAUSES DESCRIBED IN THESE TERMS.

Maximum Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZESTIA AND ZORGO LLC EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS ($50.00), WHICHEVER IS GREATER.

Website Availability

We do not guarantee continuous, uninterrupted, or secure access to our Website, and operation may be interfered with by factors outside our control.

8. Dispute Resolution and Waiver of Legal Action

Mandatory Informal Resolution Only

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. By accessing or using this Website, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your relationship with Zestia or Zorgo Inc. shall be resolved exclusively through good-faith informal negotiation directly with us.

Waiver of Right to Sue

YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY LEGAL ACTION, LAWSUIT, ARBITRATION, OR ADMINISTRATIVE PROCEEDING against Zestia, Zorgo Inc., or their respective affiliates, officers, directors, or employees arising out of or relating to these Terms or your use of the Website. You agree that your sole and exclusive remedy for any dissatisfaction or dispute is to contact us directly to seek a resolution.

Class Action Waiver

YOU FURTHER AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING against us. All disputes must be addressed on an individual basis solely through direct communication with us.

Governing Law

These Terms of Use shall be governed by the laws of the State of Michigan, without regard to its conflict of law principles.

9. Changes to Terms of Use

We reserve the right to modify these Terms of Use at any time. We will notify you of any material changes by posting the updated Terms on the Website and updating the "Last Updated" date. Your continued use of the Website after any changes are posted constitutes acceptance of the modified Terms.

10. Contact Information

If you have any questions or concerns about these Terms of Use or the Website, please contact us at any of the contact phone numbers listed in the footer of this website.

11. Indemnification

You agree to indemnify, defend, and hold harmless Zestia, Zorgo Inc., and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Website, any violation of these Terms, or any activity related to your account.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely reflects the parties' original intent.

13. Force Majeure

Neither Zestia, Zorgo Inc., nor their affiliates shall be liable for any delay or failure in performance caused by events or circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, labor disputes, or governmental actions.