These Reddy Order Customer Terms of Service (these “Terms”) are a legally binding contract between Red 360 LLC (referred to as “Red 360,” “we,” or “us”), the provider of the virtual marketplace, and you (the customer or “user”) regarding your use of the Reddy Order website, mobile application, and related services (collectively, the “Platform”) to order food and other goods.

I. Acceptance, Eligibility, and Agreement

1. Binding Acceptance
   Please read these Terms carefully. By clicking “I ACCEPT,” by making a purchase on or through the Platform, or by otherwise accessing or using the Platform, you agree that you have read and understood, and agree to be bound by, these Terms.
   If you do not agree to the Terms, you do not have permission to use the Platform.

    

2. Eligibility
   You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant that your use of the Platform is in compliance with all applicable laws and regulations.

    

3. Arbitration Notice
   Except for certain disputes detailed below, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration.
   By accepting these Terms, you and Red 360 are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

    

II. Description of Service and Disclaimer of Responsibility

1. Platform Function
   The Reddy Order Platform is a virtual marketplace that connects users with local restaurants (the “Restaurants”). You may use the Platform to order food for pickup or delivery.

    

2. Red 360 is Not a Restaurant
   Red 360 is not a restaurant or food preparation entity. Restaurants operate independently of Red 360 and are required to comply with all federal, state, and local laws pertaining to the preparation, sale, and marketing of food, including food safety and menu disclosure.
   Red 360 is not liable or responsible for Restaurants’ food preparation or safety and does not verify their compliance with any applicable laws.
   Red 360 does not guarantee the quality of what the Restaurants sell.

    

3. Red 360 is Not a Delivery Service
   Red 360 does not provide delivery services. Delivery of your orders may be fulfilled by third-party delivery service providers (“Delivery Partners”) or by the Restaurants themselves.
   Red 360 makes no promises or guarantees with respect to any delivery services provided to you.

    

III. Customer Responsibilities and Risk

1. Food Safety and Allergies
   You are solely responsible for, and assume all risks related to, the proper handling, preparation, storage, use, and consumption of the products you purchase through the Platform.
   You are also solely responsible for knowing about any food allergies you may have and verifying products and their contents before handling, preparing, using, or consuming such products.
   Red 360 expressly disclaims any and all responsibility for the food products you purchase through the Platform.

    

2. Alcoholic Beverages
   If your order includes alcoholic beverages, you represent and warrant that you are at least 21 years of age.
   Upon delivery or pickup, receipt of alcoholic beverages is subject to you presenting a valid government-issued identification card.
   Delivery or pickup may be withheld if you appear intoxicated, and if withheld, you will not receive any refund for the cost of the alcoholic beverages.

    

IV. Accounts, Purchases, and Fees

1. Account Registration
   To access certain features, you may be required to register for an account.
   You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

    

2. Pricing and Authorization
   You acknowledge that Red 360 does not determine the prices set by Restaurants on the Platform.
   You authorize Red 360 and its third-party payment processors to charge all sums for the purchases that you make on or through the Platform, including all applicable taxes and fees, to the payment method specified in your account.
   All amounts charged are generally non-refundable.

    

3. Promotions and Rewards
   Restaurants may offer promotions or rewards programs through the Platform.
   These Promotions and Rewards Programs are not managed or provided by Red 360, and Red 360 disclaims all liability arising out of them.

    

V. Platform Licensing and Intellectual Property

1. Limited License
   Red 360 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial use.

    

2. Ownership
   The Platform, including the visual interfaces, graphics, computer code, software, and all other elements (the “Materials”), are owned and operated by Red 360.
   Red 360 reserves all rights to the Materials not expressly granted in these Terms.

    

3. Prohibited Conduct
   You agree not to:

    

   • Use the Platform for any illegal purpose.

      

   • Interfere with security-related features of the Platform, including disabling features that prevent or limit copying of any content.

      

   • Reverse engineer or otherwise attempt to discover the source code of any portion of the Platform.

      

   • Violate any third-party intellectual property right.

      

4. Feedback
   If you provide suggestions or ideas regarding problems or improvements to the Platform (“Feedback”), you grant Red 360 an unrestricted, perpetual, irrevocable, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

    

VI. Disclaimers, Indemnity, and Liability

1. Disclaimer of Warranties
   THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.
   Red 360 disclaims all warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
   Red 360 does not warrant that the Platform will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

    

2. Indemnity
   To the fullest extent permitted by law, you agree to defend and indemnify Red 360 and its officers, directors, and employees against every claim brought by a third party, and any related liability or expense (including attorneys’ fees), arising out of or connected with your unauthorized use or misuse of the Platform or your violation of any portion of these Terms.

    

3. Limitation of Liability
   Red 360 will not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including lost profits or goodwill).
   Red 360’s total, aggregate liability to you for all claims arising out of the use or inability to use the Platform is limited to the greater of:
   (A) the amount you have paid to Red 360 for access to and use of the Platform in the 12 months prior to the event giving rise to the claim; and
   (B) $100.

    

VII. Dispute Resolution and Governing Law

1. Mandatory Arbitration
   Any dispute arising out of or related to these Terms will be resolved by binding arbitration, pursuant to the agreement to waive jury trials and class actions described in Section I.3.

    

2. Governing Law and Venue (Texas)
   These Terms are governed by and construed in accordance with the laws of the State of Texas.
   You and Red 360 submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Harris County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms.