Terms and Conditions
Last Modified: January 14, 2019
The following terms and conditions, together with any referenced policies (collectively, "Terms") are a legal agreement between you and B.GOOD ("B.GOOD" or “we” or “us” or “our”), and govern your use of the website, our mobile and tablet applications, and any other online services (collectively, the “Services”) that include authorized links to these Terms.
THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND WAIVER OF CLASS ACTION AND JURY RIGHTS (SEE SECTION 27). PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION AND OPT-OUT INSTRUCTIONS.
1. Acceptance of the Terms
Please read these Terms carefully before accessing, using or registering for the Services. Any person or entity using, accessing, or downloading any Services provided by B.GOOD (“Customer,” “Customers” or “you”) agrees to be bound or to bind the entity they represent by the provisions set forth in these Terms. All rights not expressly granted herein are reserved by B.GOOD. You represent and warrant that you have the right, authority and capacity to accept and agree to these Terms on behalf of yourself or the entity that you represent.
BY ACCESSING, BROWSING, AND/OR USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR DOWNLOAD OUR SERVICES.
Some of the B.GOOD restaurants are franchised locations (“Franchised Restaurants” or “Franchised Restaurant”). These Franchised Restaurants are own and operated as independent businesses. B.GOOD is not responsible for operations of these Franchised Restaurants. Each Franchised Restaurant is solely and independently responsible for its legal and regulatory compliance and for any issues relating to the sale of menu items to you.
B.GOOD and all Franchised Restaurants are equal opportunity employers committed to diverse workforces. However, each Franchised Restaurant that posts a job opportunity is alone responsible for setting the job requirements, hiring decisions, and other employment related matters. Although the Services may provide links to job opportunities posted by Franchised Restaurants, B.GOOD does not receive a copy of any application you submit to a Franchised Restaurant, nor does it control whether you receive an interview and are hired, or regulate franchisees’ employment policies and practices. If you are hired by a Franchised Restaurant, only that franchisee, and not B.GOOD will be your employer.
B.GOOD reserves the right to change and modify these Terms at any time by updating this page. If we make a material change to these Terms, we will provide you with a notice on our Services or email you using an email address we have on file for you. By continuing to use the Services after those changes become effective, you agree to be bound by the revised Terms. To find out when we last updated these Terms, please refer to the date listed after “Last Modified” at the top of these Terms.
4. Changes to Our Services
You understand that we are always improving and working on our Services, which means our Services can change. We can modify, suspend or discontinue any part of the Services, or introduce new features or restrictions on the part or all of the Services. We also reserve the right to remove any content, features, or pages for any reason, in our sole discretion, and without notice to you. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of the Services or any part thereof.
5. Availability, Errors and Inaccuracies
We may update our offerings of Services and products. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The products or Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information in our advertising materials, on the website, applications or other content. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice (including after an order has been submitted).
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances. You acknowledge and agree that you are not entitled to a refund or rebate related to such interruptions.
To be eligible to access, use or download our Services, you represent and warrant:
i. You have legal capacity to form a binding contract with B.GOOD;
ii. You are 18 years or older. Individuals who are under the age of 18 must have parental or legal guardian consent to access and use the Services and can only use the Services under the supervision of their parent or legal guardian;
iii. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that the information you supply to us is true, correct and complete;
iv. You will not use as a username the name of another person or entity that you do not have the right to use, or the name of a person or entity with the intent to impersonate that person or entity;
v. You will be responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password;
vi. You agree to be fully responsible for all actions taken on your account, including any actions taken by any third parties to whom you give access to your account;
vii. You will notify us immediately upon becoming aware of any breach of security or unauthorized use of your account; and,
viii. Your use and access of the Services will not violate any applicable laws or regulations.
B.GOOD is not liable for any loss or damage arising or resulting from your failure to comply with the above requirements. In addition, failure to meet any of the eligibility requirements listed above constitutes a breach of these Terms, which may result in immediate termination of your account on our Service and suspension of your use or access to our Services. We have the sole right to determine whether you are in breach of any terms contained in these Terms.
8. Sending Orders to Restaurants
This section applies to any online orders you place using the Services. Please read this section before you send any orders to restaurants using our Services.
Our Ordering System allows you to build orders and submit them online to participating restaurants for a pickup or a delivery (“Ordering System”). You may submit your order though our catering platform, our mobile and tablet apps and a portion of the website that allows our Customers to order individually. You are charged as soon as you submit an order using our Services.
b. Availability of the Ordering System
You will need an Internet connection to place the orders though our Services. You acknowledge that the availability of our Services is dependent on your Internet Service Provider (“ISP”), your mobile device operator or carrier (“Mobile Carrier”), and your computer, mobile device, home wiring, Wi-Fi, Bluetooth connection or other relevant equipment. You are responsible for ensuring you comply with your ISP’s and Mobile Carrier’s applicable terms and agreements, including any data and usage terms.
c. You Purchase Products Directly from Restaurants
When you use our Ordering System, you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and B.GOOD or Franchised Restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU MAY BE PURCHASING DIRECTLY FROM FRANCHISED RESTAURANTS AND NOT B.GOOD AND THAT B.GOOD DOES NOT HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM FRANCHISED RESTAURANTS USING OUR ORDERING SYSTEM.
d. Required Information
To purchase our products through the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, delivery address and your pick-up location. We may require additional information from you prior to accepting or processing your order. By submitting such information, you grant us the right to use it for purposes of facilitating your orders.
e. Payment Processing
B.GOOD may use third-party payment providers to securely process your payments. You understand and agree that, when you register a payment card, B.GOOD may verify that the payment card you registered is valid. You also understand and agree that when you use our Ordering System to make a purchase from a restaurant, that restaurant will be the merchant of record. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE ALL PAYMENT CARDS YOU REGISTER.
f. Product Depiction Varies
Images of products and packaging displayed in the Ordering System may be different from the product or packaging you receive from participating restaurants. Differences may be due to your device’s display, ingredients used and lighting.
g. Prices May Be Different
Each restaurant determines its own prices by applying mandatory taxes and other fees required by law. Certain offers and pricing may not be available at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
h. Refunding Your Order
If you desire to seek a refund for any reason, including because the products are unsatisfactory, please contact regarding any refund due to you. Your legal rights in this respect are not affected by anything in these Terms.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability; we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; error in your order; or if fraud or an unauthorized or illegal transaction is suspected.
All right, title and interest in the Services and content provided through the Services are owned by B.GOOD, its licensors, or designated third parties. We provide you with a limited, non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services for your personal, non-commercial use. The rights granted to you in these Terms are subject to the following restrictions:
i. You may not violate any laws, regulations, guidelines or ordinances, including data protection laws, export control laws, or any other laws referenced in these Terms;
ii. You will not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
iii. You will not attempt to obtain the password, account or other security information from any other user of our Services;
iv. You will not compromise the security of your account or any other account on the B.GOOD Services;
v. You will not engage in conduct that is harmful, deceptive, threatening, harassing, vulgar, defamatory, obscene, fraudulent or otherwise objectionable or questionable;
vi. You will not interfere with, disrupt, violate or attempt to gain unauthorized access to any computer network or servers connected to the Services or violate the regulations, policies or procedures of such networks;
vii. You will not copy, store, reproduce, distribute, republish, download, display, post or transmit any part of the Services or content provided via our Services, except as permitted by B.GOOD in writing;
viii. You will not infringe or violate the intellectual property rights or any other right of B.GOOD;
ix. You will not send “spam” or any form of auto-responder messages to B.GOOD or other B.GOOD users;
x. You will not modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services;
xi. You will not access or use the Services for purposes of building a competitive or similar service;
xii. You will not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handled mobile device, data, the Services, or any other system, device or property;
xiii. You will not interfere with the proper working of the Services, including any unreasonable load on the Services’ infrastructure;
xiv. You will only access or attempt to access the Services through the methods or means provided by B.GOOD;
xv. You will not remove, obscure or modify any proprietary rights notices (including copyrights and trademark notices) that may be provided by or in connection with the Services; and/or,
xvi. You will not “crawl,” “scrape” or use “spiders” on any page, data, or portion of or relating to the Services, whether by automated or manual means.
Your failure to abide by the foregoing may result in the termination or suspension of your use or access to our Services, in our sole discretion, for any reason, at any time, and without notice. We have the sole right to determine whether you are in breach of any terms contained in these Terms.
B.GOOD owns and retains all proprietary rights to the Services, its trademarks, copyrights, trade secrets, and/or patents, whether registered or not, and all other trademarks and trade names are the property of their respective owners. The Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
Nothing on or in the Services shall be construed as conferring any other license to you under any intellectual property right, including any right in the nature of trademark, patent, trade secret or copyright, of B.GOOD or any third party, whether by estoppel, implication or otherwise. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the trademarks, copyrights, proprietary information or intellectual property of B.GOOD. B.GOOD, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms.
B.GOOD respects others’ intellectual property rights and reserves the right to delete or disable content alleged to be infringing the Digital Millennium Copyright Act (“DMCA”) and to suspend or terminate the accounts of alleged infringers. If you believe someone is infringing on your or another’s copyrights, please contact us at .
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a non-confidential basis, is voluntary, gratuitous, unsolicited and without restriction, and B.GOOD does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant B.GOOD the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. B.GOOD does not waive any rights to use similar or related feedback or ideas known to B.GOOD, developed by B.GOOD’s employees, or obtained from other sources.
Our Services may contain links or access to third-party websites or services that are not owned or controlled by B.GOOD (“Third-Party Services”). A description or link to Third-Party Services does not imply an endorsement by B.GOOD of the Third-Party Services.
B.GOOD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree that B.GOOD 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 Services.
You may be required to agree to additional Third-Party Services terms and conditions, warranties, or other policies. These Terms or any other B.GOOD agreements with you do not apply to your access or use of Third Party Services. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you access or use.
13. Contests, Sweepstakes and Promotions
B.GOOD has certain technical, administrative, and physical security measures in place to protect your personal information. However, B.GOOD’s Services are provided over the Internet and we cannot guarantee that your personal information will not be accessed, used or disclosed by unauthorized third parties. In addition, you are also responsible for the security of your personal information on our Services. You should ensure that any wireless Internet connections you use for the Product Hardware, Mobile App or other Services are secure, and only share your account information with third parties you trust. If you believe that the security of your personal information on our Services has been compromised, please contact us immediately at
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS B.GOOD, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSEES, FOR ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, AND INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THESE TERMS. NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION SHALL NOT APPLY TO CLAIMS BASED ON B.GOOD’S OWN WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT BY B.GOOD.
25. Warranty Disclaimer
B.GOOD PROVIDES THE SERVICES ON AN "AS IS" BASIS AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. B.GOOD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, BE SECURE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR REQUIREMENTS, BE FREE OF ANY DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. SOME OR ALL OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.
26. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT SHALL B.GOOD, ITS OFFICERS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, BE (A) LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO B.GOOD OR AN AUTHORIZED B.GOOD RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY). B.GOOD DISCLAIMS ALL LIABILITY OF ANY KIND OF B.GOOD’S LICENSORS AND SUPPLIERS.
B.GOOD DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTEN, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THIS SECTION SHALL APPLY EVEN IF B.GOOD IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OF LIABILITY.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF B.GOOD.
27. Dispute Resolution and Waiver of Class Action and Jury Rights
Unless prohibited or displaced by the law that applies to individuals who reside in particular jurisdictions, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by B.GOOD or persons employed or engaged by B.GOOD were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Massachusetts law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THESE TERMS ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER PRESENTATIVE PROCEEDING.
The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in Boston, Massachusetts, U.S.A.
You may cancel these Terms to arbitrate by giving written notice to B.GOOD within 30 days of the date of your acceptance of these Terms, or 30 days after B.GOOD makes material changes to this section of these Terms. You should send your cancellation notice to B.GOOD, LLC, , with the following information: (i) your name, (ii) your email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with B.GOOD through arbitration. Your notice to opt-out of arbitration only applies to these Terms; if you previously entered into other arbitration agreements with B.GOOD or enter into other such agreements in the future, your notification that you are opting out of the arbitration terms of these Terms shall not affect the other arbitration agreements between you and B.GOOD. Should you choose to withdraw from the arbitration provision, all other provisions of these Terms shall remain in full force and effect.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of located in Boston, Massachusetts, and waive any objection to such jurisdiction or venue.
a. Entire Agreement
These Terms constitute the entire agreement among the parties relating to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the parties with respect to any Services provided by B.GOOD. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Services, use or access the services, content or software of our affiliates, third parties or collaborating partners, or our enter sweepstakes, promotions, or contests.
b. Term for Cause of Action
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred; claims made under the separate terms and conditions of purchase for goods or services are not subject to this limitation.
c. Governing Law
Except to the extent a claim or dispute is preempted by U.S. federal law, any claim or dispute arising from or relating to these Terms is governed by the laws of the State of Massachusetts, without regard to provisions of conflicts of law. Any lawsuit arising from or related to these Terms shall be brought exclusively in Boston, Massachusetts, and you hereby agree to the jurisdiction of any applicable court, unless such claim or dispute is required to be arbitrated as set forth in an above section.
The section titles in these Terms are for your convenience only and have no legal or contractual effect.
You may not assign or delegate any rights or obligations under these Terms, and any such attempts will be ineffective. B.GOOD can freely assign or delegate all rights and obligations under these Terms in part or in its entirety without notice to you.
f. Severability and Waiver
A failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, application, orders or posting of such notice on our Services. B.GOOD is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with provisions of these Terms. We may terminate or suspend your use, access or account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
If you transfer the Services to another owner, your right to use our Services immediately terminates with respect to the transferred Services. The new owner shall have no right to use the Services as your Account Owner and will need to register as a separate Account Owner and accept these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at firstname.lastname@example.org.
i. Contact Us
If you have any question about these Terms, please contact us at .