We, Happy Day Eats. (“Happy Day Eats”, “we”, “our”, or the “Company”) welcome you (“User”, “You”) to our online ordering and loyalty platform (the “App”) platform and our website at: https://happydayeats.com (the “Site”). Our company uses our mobile app and our website as a mediator between the user and the Restaurants that Happy Day Restaurants operates. Users may use the App and Site in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
- The App
The App provides online ordering and loyalty usable in various restaurants (“Food Establishment”). By using our App you can order food, receive a variety of discounts and special offerings, and pay using credit or debit card.
Users use credit or debit cards for purchasing via our apps or websites through online payment gateway. Upon completing such purchase, a confirmation will be sent to User’s email address, and the discount, if one is attached, and order will be sent directly to the restaurant that the order was requested from.
Please note that the App also allows You to anonymously submit feedbacks regarding the goods and service quality offered in a Food Establishment. Such feedback will be forwarded by Us to the applicable Food Establishment.
PLEASE NOTE: HAPPY DAY EATS HOPES TO ENHANCE YOUR CUSTOMER EXPERIENCE WITH A VARIETY OF FOOD ESTABLISHMENTS AND SAVE YOU MONEY WHEN YOU PURCHASE IN SUCH FOOD ESTABLISHMENTS.
- App Activation
Use of the App and Site is entirely free of charge. You do not have to register to use the App, visit the Site or make a purchase. However, upon downloading our App You might be asked to provide a phone number before you can create an account or use rewards available to You. We will then send You an SMS text (to the phone number You provided us with) with a verification number which You will be required to enter in the first time registration to opt in Your account.
Users may visit the Site and use our Apps anonymously, without opt-in, and order online. Our platform will still keep the order information for accounting and financial reasons. However, if a User wishes to receive special offerings and gifts tailored just for them (for example, free gift on Your birthday or special offerings currently available in the Food Establishments You like most), and, if a User would like to save their credit card information, then such User will have to opt-in to the platform and might share with us certain personal information (such as date of birth, etc.), during opt-in process and registration.
- Use Restrictions
Certain conduct is strictly prohibited when using the App and/or Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result (at Happy Day Eats’ sole discretion) in the termination of Your access to the App and/or Site and may also expose You to civil and/or criminal liability.
You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion of the content made accessible by Happy Day Eats on or through the App and/or Site, including any information, videos, text, graphics, software programs used by Happy Day Eats in connection with the App and/or Site, material, data obtained from or through this App and/or Site, as well as any information relating to the Food Establishments (collectively, the “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Happy Day Eats’ prior written consent; (iii) create a browser or border environment around Happy Day Eats’ Content (no fames or inline linking); (iv) interfere with or violate any other Site and/or App User’s right to privacy or other rights, or harvest or collect personal identifiable information about users of the App and/or Site without their express consent, including any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the App and/or Site, or the servers or networks that host the App, and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Site’s Content; (ix) frame or mirror any part of this Site without Happy Day Eats’ prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the App and/or Site; (xi) forward any data generated from the App and/or Site with the prior written consent of Happy Day Eats; or (xii) use the App and/or Site for any illegal, immoral, or unauthorized purpose; (xiii) use the App and/or Site and/or Content for non-personal or commercial purposes without Happy Day Eats’ express prior written consent; (xiv) remove, or disassociate, from the Content and copyright, trademark or other proprietary notices contained in such materials (such as ©, ™, or ®); (xv) infringe or violate any of the Terms.
- License and Intellectual Property Rights
Happy Day Eats hereby grants to You, and You accept, a personal, nonexclusive, non-commercial, non-sub licensable and fully revocable, limited license to use the App on Your mobile phone solely for the limited purpose of using the App for Your internal use according with the terms contained in this Agreement.
The App, the Site, the Content, and any and all intellectual property right pertaining thereto, including, but not limited to, inventions, patents, and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively “Intellectual Property”), are owned and/or licensed to Happy Day Eats and subject to copyright and other applicable intellectual property rights under United States of America laws, foreign laws and international conventions.
You may not copy, distribute, display, execute publicly, make available to the public, reduce the human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Happy Day Eats’ proprietary rights, including Happy Day Eats’ Intellectual Property, either by Yourself or by anyone on Your behalf, in any way or by any means, unless expressly permitted by the Terms.
Happy Day Eats has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this Agreement.
- Trademarks and Trade names
“Happy Day Eats”, Happy Day Restaurants, the Company’s marks and logos and all other proprietary identifiers used by the Company in connection with Happy Day Eats (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names, and logos which may appear on the Site belong to their respective owners, including, without limitation, any OF the suppliers of the App’s trademarks and trade names (“Third Party Marks”). No right, license, or interest to the Company Trademarks or the Third Party Marks is granted hereunder, and You agree that no such right, license or interest shall be asserted by You with respect to the Company Trademarks and/or to the Third Party Marks and therefore You will avoid using any of those marks, except as permitted under these terms.
- Links to Third Party Websites
The App and/or Site’s availability and functionality depend on various factors, such as communication networks. Happy Day Eats does not warrant or guarantee that the App and/or Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
- Changes to The App and/or Site
Happy Day Eats reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the App and/or Site (or any part thereof) without notice, at any time. In addition, You hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to You. You agree that Happy Day Eats shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App, the Site, and/or the Content included in the Site and/or App.
- Disclaimer and Warranties
HAPPY DAY EATS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR SITE AND/OR CONTENT AVAILABLE ON THE SITE (INCLUDING BUT NOT LIMITED TO THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS).
THE CONTENT AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. HAPPY DAY EATS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE DESCRIPTION OF THE FOOD ESTABLISHMENTS DISPLAYED ON THE SITE AND/OR APPAND TO THE PRODUCTS AND SERVICES OFFERED BY THE DIFFERENT FOOD ESTABLISHMENTS (INCLUDING, WITHOUT LIMITATION, THE PRICING, THE TASTE, THE SERVICE OFFERED BY THE FOOD ESTABLISHMENT ETC.).
THE APP, THE SITE, AND/OR THE CONTENT ARE ALL PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF APP, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
HAPPY DAY EATS DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE APP, THE SITE, THE HAPPY DAY CARDS AND/OR THE CONTENT AND THE USE OF THE SITE AND/OR THE APP. THE USE OF THE APP, THE SITE, THE HAPPY DAY CARDS AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND HAPPYDAY EATS SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
HAPPY DAY EATS DOES NOT WARRANT THAT THE OPERATION OF THE APP AND/OR SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, THE SITE, THE HAPPY DAY CARDS, AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
IN NO EVENT SHALL HAPPY DAY EATS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APP, THE SITE, THE HAPPY DAY CARDS, AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM FOOD AND/OR DRINK PURCHASED AT A FOOD ESTABLISHMENT USING HAPPY DAY CARDS, POOR SERVICE OFFERED AT A FOOD ESTABLISHMENT WHICH OFFERS HAPPY DAY CARDS, ETC.), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE APP, THE CONTENT, THE HAPPY DAY CARDS AND/OR SITE, OR THE USE OR INABILITY TO USE THE APP AND/OR SITE, OR FAILURE OF THE APP AND/OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF HAPPY DAY EATS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF HAPPY DAY EATS BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARLESS OF WHETHER HAPPY DAY EATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Happy Day Eats from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the App, the Content, the Happy Day Cards and/or Site; (ii) Your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party which related to Your use of the App and/or Site (including Your violation of any third party rights); and (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on the Content contained on the Site.
Happy Day Eats accepts credit cards through payment gateways which enable you to send payments securely online. Happy Day Eats is not affiliated with any payment gateway, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Use of credit card information is at your sole discretion and sole liability.
- Amendments to the Terms
Happy Day Eats may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address You provided us. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent by e-mail. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
- Termination of Your Account and Termination of Site’s operation
At any time, Happy Day Eats may block Your access to the App, the Site and/or temporarily or permanently limit, suspend, or terminate Your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Happy Day Eats under any applicable law. Such actions by Happy Day Eats may be taken if Happy Day Eats deems that You have breached any of these Terms in any manner.
Additionally, Happy Day Eats may at times, at its sole discretion, cease the operation of the App and/or Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Happy Day Eats does not assume any responsibility with respect to or in connection with the termination of the App and/or Site operation and loss of any data. The provisions of the Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General Sections, will survive the termination, or expiration of the Terms.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Site or use of this Site will be governed by and interpreted in accordance with the laws of The United Sates of America, without reference to its conflict-of-laws principles. Any dispute arising out of or related to Your use of this Site will be brought in, and You hereby consent to exclusive jurisdiction and venue in the competent courts of the State of Idaho. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of Your rights or obligations under these Terms without Happy Day Eats’ prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision thereof. These Terms are the entire terms and conditions between You and Happy Day Eats. Notices to You may be made via e-mail or regular mail. This Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- For information, questions or notifications of errors, please contact:
If You have any questions (or comments) concerning the Terms, You are most welcome to send Happy Day Eats an email at: email@example.com, and Happy Day Eats will make an effort to reply within a reasonable timeframe.