EatOkra is your guide to black-owned restaurants. We are happy to have you here.
Please carefully read the following terms ("Terms") which constitute a legal agreement between you (“You” or the “User”) and EatOkra Inc. ("EatOkra" or "we") and govern your access to and use of our website http://www.eatokra.com (the "Website"), our App (EatOkra) (the "App") and our services (the Website, the App and the services are collectively referred to as the "Services"). EatOkra is not a restaurant, delivery service, or food preparation business.,
By accessing this App in any way, including, without limitation, browsing or using this App, using any information, and/or submitting information to EatOkra, you agree to and are bound by the terms, conditions, policies, and notices contained on this page.
From time to time, we may update this App and these Terms. Your use of this App, including the downloading, installing, or using the App, after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. EatOkra may, in its sole discretion, and at any time, discontinue this App or any part thereof, with or without notice, or may prevent your use of this App with or without notice to you. If you do not agree to these Terms, please stop using the site and uninstall the App immediately. You agree that you do not have any rights in this App. EatOkra will have no liability to you if this App is discontinued, or your ability to access the App or any content you may have posted on the App is terminated.
This App is not intended for use by anyone under the age of 13. You must be at least 13 years of age to access and use the App. If you are under 13 years of age (or the age of legal majority where you live), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 13 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the App.
Each User must create and register an account to use certain functionality and features of the App and the Services. If you register for an account, you will have to provide a password, address, email address, phone number, and/or financial information (including payment card information) ("Account Information"). You must provide accurate, truthful, current, and complete Account Information and promptly update this information if it changes. EatOkra has no liability for failure to deliver notices that result from inaccurate account information or otherwise. Any personal information you provide while accessing and/or using our Services is governed by our Privacy Policy, which describes how we collect and use your personal information and your rights.
After creating an account, you may utilize the many functionalities of the App, such as: recommending a business that is at least 50% black-owned, leaving a review of a Featured Restaurant or a Featured Vendor, and determining the hours of operation of a Featured Restaurant.
All potential restaurant business owners (the “Featured Restaurants”) and potential vendor business owners (the “Featured Vendors”) who desire to have their business listed on the App must represent to EatOkra that you have the authority to bind such business, and that your acceptance of these Terms will be treated as acceptance by that business.
Each Featured Restaurant must be at least 50% black-owned. In addition, each Featured Restaurant may also have a separate contractual relationship with one of our booking partners and/or our delivery partners (i.e., UberEats, GrubHub, DoorDash, etc.) Those booking partners may have their terms, and your business may be subject to such specific terms and conditions, which are not part of these Terms.
Each Featured Vendor must be at least 50% black-owned and shall agree with EatOkra terms and conditions for Caterers.
Moreover, if a Featured Restaurant or a Featured Vendor is listed on the App, the restaurant owner must maintain all data regarding their restaurant and ensure that it is accurate and up to date. EatOkra is not responsible for updating the Featured Restaurant and the Featured Vendor information. All business owners must guarantee that your products or services are not fraudulent, illegal, counterfeit, or stolen.
EatOkra also offers you selected products on our Website and/or App.
EatOkra attempts to be as accurate as possible. However, EatOkra does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.
Regarding food products, while we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Website and/or App. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this Website and/or App is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. EatOkra assumes no liability for inaccuracies or misstatements about products.
All purchases of physical items from EatOkra are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Estimated delivery dates are provided by carriers and EatOkra has no responsibility for any delay or change in the delivery date of products acquired on the Website and/or App.
As part of our Services, we offer a feature that connects catering businesses to third party vendors.
If you are a Featured Vendor or an interested caterer, you also shall agree with EatOkra Terms and Conditions for Caterers.
When using our Services, you agree that:
Access and/or use of our Services is permitted temporarily, and we reserve the right to withdraw or amend any or all of the Services without notice. We may suspend access to the Services periodically to carry out emergency or scheduled maintenance or for any other reason at any time. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services and make any changes to the Services' features, functionality, or content at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content on the Website and/or App or the Services.
The information appearing on EatOkra's Website and App could include technical, typographical, or photographic errors. EatOkra does not warrant that any of the information on its Website and App are accurate, complete, or current. EatOkra has done its due diligence to ensure that all participant restaurants and vendors are at least 50% black owned, however we shall not be held liable for any inaccurate information displayed on the Website and the App. EatOkra may update the information contained on its Website and App at any time without notice. However, EatOkra does not make any commitment to update the information.
Access to Services depends upon the availability of the internet, and we accept no responsibility for the inability to access our Services because of any circumstances beyond our reasonable control. You are informed of the risks of using the internet, particularly the fact that data transmission is not secure, and represent that you understand the risks concerning the use of the Services.
The Website, the App, the Services, the content, the form, and the services of the Website and the App are all property of EatOkra and its affiliates and licensors. The sale, copy, modification, reproduction, lease, rental, loan, distribution, or creation of derivative works based on the above content, in whole or in part, is prohibited.
EatOkra's trademarks, domain names, graphics, logos, designs, page headers, button icons, scripts, service names, and any other distinctive sign constitute EatOkra Intellectual Property Rights ("EatOkra Intellectual Property Rights"). EatOkra Intellectual Property Rights are and shall remain the sole property of EatOkra, its affiliates, and licensors.
These Terms do not imply any authorization, transfer, or license to you of any EatOkra Intellectual Property Rights. Any use of EatOkra Intellectual Property Rights shall be subject to EatOkra's prior consent.
Permission is granted to temporarily use EatOkra Intellectual Property Rights for personal, non-commercial transitory viewing only. You may not:
This permission shall automatically terminate if you violate any of these restrictions, and you may be removed from accessing the App at any time.
EatOkra may provide you with the opportunity to publish or display your content on public areas of our Website or App. You are solely responsible for your conduct and activities on and regarding our Services and any and all data, text, messages, reviews, comments, information, name, graphics, images, photographs, profiles, audio, video, items, and links (collectively "User Content") that you submit, post, and display on the Website and the App.
You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and lawfully; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by EatOkra; (iii) are subject to the specific terms that EatOkra establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. EatOkra reserves the right to withhold or deduct credits or benefits obtained through a promotion if EatOkra determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. EatOkra reserves the right to modify or cancel an offer at any time.
Further, EatOkra does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services or on any sites linked to our Website or App. In no event shall EatOkra be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, even if EatOkra or an EatOkra authorized representative has been notified orally or in writing of the possibility of such damage.
We have the right to terminate your access to our Website and/or our App at any time if:
The App may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements ("Third-Party Advertisements") (collectively, "Third-Party Websites & Advertisements"). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, EatOkra will not warn you that you have left EatOkra's App and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of EatOkra. EatOkra is not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements. EatOkra does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless EatOkra, our affiliates. Each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses, or costs (including reasonable attorneys' fees) (" Claims ") arising out of or related to (a) your access to or use of the App; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims and cooperate with EatOkra to defend such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). You also agree that EatOkra will have sole control of the defense or settlement of any Claims.
EatOkra may revise these Terms at any time without notice. By accessing and/or using the Services, you agree to be bound by the then current version of these Terms.
These Terms are governed by and construed in accordance with the laws of New York, and you irrevocably submit to the exclusive jurisdiction of the courts in this location. These Terms and your access to and use of the App will be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state and federal courts of Kings County, New York.
Questions about these Terms should be sent to us at team@eatokra.com
Effective January 21, 2021
