TERMS AND CONDITIONS

Acceptance of these Terms 

These terms and conditions (these “Terms”) are entered into by and between you and Maison Intime Hospitality Group LLC (the “Company,” “we” or “us”). These Terms govern your access to and use of themaisonintime.com (the “Website”), any services offered on or through the Website, or phone or text accounts associated with the Company.

The Company provides hospitality services and brokers the exchange of goods and services among you and other consumers or companies (“Merchants”) and independent third-party contractors that provide food and/or other goods or services (“Contractors”). The Company is not a merchant, retailer, restaurant, grocer, delivery service or food preparation business.

By using the Website, by clicking to accept or agree to these Terms when this option is made available to you, or by requesting custom private dining, delivery or other concierge service through the Company (collectively, the “Services”), you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use our Services.

Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or the Services thereafter. Your continued use of the Website or the Services following the posting of revised Terms means that you accept and agree to the changes. 

Contractors and Merchants Are Independent

You understand and agree that the Company provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that the Company is not a merchant, retailer, restaurant, grocer, delivery service or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. The Company is not in the delivery business, does not provide delivery services and is not a common carrier. [N.B. Please confirm that all deliveries are made by independent contractors.] The Company provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. You agree that the Company is not responsible for Merchants’ food preparation, food or product handling, or the safety of the food or other products, or whether the photographs, images, videos, menu or product listings, catalog, item descriptions or other menu, product or catalog information (including nutrition, ingredient and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product or catalog listings, descriptions or other information (including videos, photographs or images, or nutrition, ingredient and/or allergen information) displayed through the Services may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence. The Company has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Contractor and/or Merchant will be directed to transport the products to your designated delivery location. You agree that neither the Contractor nor the Company holds title to or acquires any ownership interest in any goods that you order through the Services. 

[N.B. Please confirm that there are no alcohol deliveries.]

User Account

You may be required to register for an account to use parts of the Services or access payment options. You must provide accurate, current and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account or through your device. You agree that you shall accept full responsibility for any unauthorized use of your password or your account. The Company will not be liable, and you may be liable, for losses, damages, liability, expenses and fees incurred by the Company or a third party arising from someone else using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Payment Terms

You understand that: (i) the Company has no obligation to itemize its costs, profits or margins when publishing prices; and (ii) pricing may change at any time, in the discretion of the Company. You are liable for all transaction taxes (other than taxes based on the Company’s income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under these Terms. If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, the Company reserves the right to charge you additional amounts on account of such taxes. In addition, if you provide inaccurate information regarding a delivery address, the Company may charge an additional fee. All payments will be processed by the Company and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date. [N.B. Consider adding: You may, at the Company’s discretion, be charged interest on all late payments at the rate of [1.5]% per month. You will be responsible for reimbursing the Company for all costs incurred in collecting any late payments, including attorneys’ fees.] 

Refunds

All sales of goods and services are final. We do not provide refunds once an order has been placed or a service has been rendered. If you experience an issue with a good or service, please contact us within two days and we will work with you in good faith to provide an appropriate remedy in accordance with applicable law.

Cancelations

You may cancel scheduled services by providing at least [Number] hours’ prior written notice. Cancellations made less than [Number] hours before the scheduled service time may be subject to a cancellation fee of [Number]% of the service price. If we must cancel or reschedule a service, you will have the option to receive a full refund or apply the amount paid toward a future service.

Intellectual Property Rights

The Website and its entire contents, features and functionality are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any 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 or your use of the Website or the Services, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Force Majeure

We shall not be liable or responsible for any failure or delay in performance of the Services caused by events beyond our reasonable control, including but not limited to acts of God, fire, flood, epidemic, war, government action, labor disputes or interruption of utilities. If a force majeure event occurs, our obligations will be suspended for the duration of the event.

Governing Law and Jurisdiction

All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No Joint Venture or Partnership

No joint venture, partnership, employment or agency relationship exists between you, the Company or any third-party provider as a result of these Terms or use of the Website or Services.

Entire Agreement

These Terms of Use and the invoice issued to you by the Company constitute the sole and entire agreement between you and the Company regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website and/or the Services.

Your Comments and Concerns

This Website is operated by Maison Intime Hospitality Group LLC, 75-79 Lodi Street, Hackensack, New Jersey 07601.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to concierge@themaisonintime.com.