Terms of Service
Welcome to NomNomWeb.com
NomNom is a software as a service (SaaS) created and maintained by NomNom Software, Inc. To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to NomNomWeb.com as “NomNom” (including our owners, principles, directors, officers, members, managers, employees, service provides, affiliates, successors, and assigns), “our”, “we”, and/or “us” and we will refer to user(s) of our platform and service as “you” or “users(s)” - and specifically foodservice providers (the “Merchants”) and customers (the “Diners”). These Terms apply when you access or use any platform owned, created, or maintained by NomNom Software, Inc.
Some of our digital properties include but aren’t limited to: koreanmenuonline.com, mexicanmenuonline.com, greekmenuonline.com, delimenuonline.com, veganmenuonline.com - these websites are not our core product but they are owned by our company and these Terms apply when you access these websites.
NomNom Software, Inc. is a United States based business incorporated in the state of Texas.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. By accessing or using any of our platforms and web properties, you are waiving your right to receive specific notice of changes in our Terms of Service. You are responsible for keeping up to date with our Terms of Service.
NomNom provides a web-based platform through which Merchants can provide online ordering for their customers. NomNom is not financially affiliated with any Merchant on our platform and all employees, third party service providers, and contractors of NomNom are fully divested from any competing platforms and foodservice businesses including those that we do not yet serve. We do this to maintain our integrity as a company.
In order to sign up for this platform as a Merchant, the Merchant must create an account through one of our account managers. We currently do not allow any Merchant to set up a store without an account manager. This is to prevent misuse and abuse of our platform. All of our account managers are listed in our company directory and have an email with the nomnomweb.com domain. All account managers are paid recurring monthly commissions for each Merchant they onboard and keep. When a Merchant leaves, the account manager associated with that Merchant is no longer paid their recurring monthly commission. Our account manager commission structure is strictly confidential. We are disclosing this so Merchants are aware that our account managers have a financial incentive to retain business relationships with Merchants.
Upon signing up for our platform as a Merchant, Merchant will receive a unique login that they are solely responsible for keeping confidential. Merchant must notify us immediately of any unauthorized use of your password and/or login. NomNom will not be responsible for any liabilities, losses, or damages arising out of unauthorized use of your username, password, and/or login. Diners do not need to create an account to place an order with any of our Merchants through the NomNom.
This Platform is intended for users who are at least 18 years old or legal age of majority in the state they reside. This Platform is also intended to be used only by users who reside in the United States or are visiting the United States. By using this Platform, whether a Merchant or Diner you represent and warrant that you are of legal age to form a binding contract with NomNom Software, Inc. and meet all eligibility requirements in these Terms. If you do not meet all the eligibility requirements in these Terms, you shall not access or use this Platform.
By using this Platform, you represent or warrant that:
You have the legal capacity and you agree to comply with these Terms
You are not a minor in the jurisdiction you currently reside
If you use the Platform on behalf of a company or any other legal entity, you have the authority to act on behalf of such entity and/or its affiliates
You are not and will not access the Platform through automated or non-human means whether through a bot, script, or otherwise unless NomNom Software, Inc. expressly permits.
You will not use this Platform for any illegal or unauthorize purpose including but not limited to sale of illegal substances, weapons, or indecent material.
Your use of this Platform will not violate any applicable law or regulation.
NomNom does not allow the sale of products containing THC or any other marijuana derivative at this time. Because NomNom is based in the state of Texas where food products containing THC and marijuana derivatives are still illegal, we cannot allow such products on our platform due to legal and liability reasons. In the event that the law changes, our policy will change accordingly. Diners may report illegal sale of alcohol on our Platform by contacting legal@nomnomweb.com.
NomNom does not allow the sale of alcohol at this time. This is strictly due to liability reasons. Diners may report illegal sale of alcohol on our Platform by contacting legal@nomnomweb.com.
Merchants who violate our Terms of Service will be banned from using the Platform and may be subject to legal action.
Diners who violate our Terms of Service will be banned from accessing the Platform and may be subject to legal action.
Merchants may use the Platform to receive and process online orders from Diners. As a Merchant, you are solely responsible to ensure all content you create, upload, modify, download, receive, or otherwise use in connection with the Platform, including but without limitation, content related to restaurant menu(s), customer data, and customer payment information is accurate, authorized for use in connection with the Platform, and is not used in violation of intellectual copyright laws or any other law, and in compliance with all applicable federal, state, and local laws and regulations. In addition, you represent and warrant that 1) you are the sole and exclusive owner of all content you upload or otherwise use in connection with the Platform, 2) neither the content posted or otherwise used by you in connection with the Platform is in violation of federal, state, or local laws and regulations. You acknowledge and agree that NomNom shall not be responsible for you and/or any third party for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of any federal, state, or local laws and regulations.
The Platform uses SMS (text messaging) to communicate with Diners and Merchants. By using this Platform and providing your phone number, you authorize NomNom to message you as appropriate. For Diners: Merchants may call, text, or email you regarding your order and NomNom is not responsible for actual or alleges misused or abuse of your contact information. If you have any questions or concerns about law or regulations, PLEASE CONTACT A LICENSED ATTORNEY IN YOUR JURISDICTION.
NomNom will not tolerate use of the Platform by any Merchant (or any individual acting on behalf of the Merchant) or send messages, place phone calls, or send emails that constitute Spam to any User of the Platform. Any Merchant (or any individual acting on behalf of the Merchant) which sends Spam may be suspended, terminated, banned, blocked and NomNom may participate in the prosecution of those who send Spam. For the avoidance of doubt, we consider “Spam” to mean any text message or phone call that (i) is for the principal purpose of promoting the sale of goods or services, including the content of a website which is operated on a commercial basis, or (ii) is for the principal purpose of promoting a political purpose or objective, or (iii) contains advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or any other item (tangible or intangible) of a commercial purpose.
Spam does not include a text message or phone call that is sent to an individual or entity with whom the Merchant has a pre-existing relationship; who has consented to receive phone calls and/or text messages in connection with business transactions related to such pre-existing relationship; and which are sent only in relation to and to the extent necessary or consented to by such individual or entity in connection to facilitate such business transactions. For example, a Merchant may call or text a Diner for the purpose of confirming the Diner’s order, or updating the Diner regarding order status. A Merchant may not use a Diner’s phone number or other contact information for the purpose of conducting marketing or sending any other communications that are not related to the Diners’s order. You may report Spam to our legal department at legal@nomnomweb.com.