Terms of Use

Please note: Section 18 contains a binding arbitration agreement and a class-action waiver that affect how disputes between you and Buy The Way are resolved. Please read it carefully.

1. Acceptance of these Terms

These Terms of Use (“Terms”) are a binding contract between you and BUY THE WAY INC (“Buy The Way,” “we,” “us,” or “our”) and govern your use of buytheways.com and our related services (the “Platform”). By using the Platform, you agree to these Terms and our Privacy Policy. If you don’t agree, don’t use the Platform.

2. What Buy The Way is

Buy The Way is a technology platform that lets you order food from independent restaurants (“Food Providers”) for scheduled pickup at a fixed drop point on campus. We are not a restaurant or food preparer, and we do not make the food. Food Providers are independent and are responsible for their food, its preparation, and their compliance with applicable laws. We are not responsible for a Food Provider’s acts or omissions — but we want you to have a good experience, so contact us with any issue.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Platform.

4. Your account

You sign in with your mobile phone number and a one-time code. You’re responsible for keeping access to your phone and account secure, and for activity under your account. Tell us promptly if you suspect unauthorized use.

5. Communications & text messages

By creating an account and providing your mobile number, you consent to receive communications from us related to your account and orders — including by SMS text message, push notification, email, and phone — at the contact details you provide. These include order confirmations, pickup reminders, and service updates. Where permitted, we may also send promotional messages, which you can opt out of at any time.

Message frequency varies, and message and data rates may apply. To stop text messages, reply STOP to any message (you may still receive essential transactional messages needed to provide the service); reply HELP for help, or contact us at support@buytheways.com. Carriers are not liable for delayed or undelivered messages. Consent to promotional texts is not a condition of any purchase.

6. Ordering & pickup

• Orders are placed in advance for a scheduled pickup window at a fixed drop point.
• It’s your responsibility to pick up your order at the chosen place and time. Orders not picked up may be discarded and are non-refundable.
• Menu items, availability, and pickup times may change or sell out.
• Allergies & dietary needs. Food Providers prepare the food. If you have an allergy or dietary restriction, check with us or the Food Provider before ordering. We can’t guarantee an item is free of any allergen.

7. Prices, payment & taxes

• Prices are shown at checkout and may change over time. Applicable taxes are added.
• Payments are processed by our payment processor (Stripe). By placing an order, you authorize us and our processor to charge your selected payment method for the total shown, including tax and any tip.
• You are responsible for all charges incurred under your account.

8. Store credit

You may earn store credit (for example, as a group reward). Store credit can be applied to future orders, has no cash value, is non-transferable, and cannot be redeemed for cash except where required by law. We may set or change credit terms, including expiration, subject to applicable law.

9. Cancellations & refunds

• You may cancel an order from the Orders page. If you cancel more than 90 minutes before your scheduled pickup, you’ll receive a full refund.
• If you cancel within 90 minutes of pickup, the order is non-refundable and may still be prepared, because it’s too late to pull it from the run.
• Refunds are issued to your original payment method, and any store credit applied to the order is returned to your account.

10. User content

If you post reviews, ratings, photos, or other content, you’re responsible for it and represent that you have the right to post it. You grant us a worldwide, royalty-free, sublicensable license to use, display, and distribute that content in connection with the Platform. We may remove content at our discretion.

11. Acceptable use

Don’t misuse the Platform. For example, don’t break the law, infringe others’ rights, interfere with or disrupt the Platform, attempt to access it in unauthorized ways, or use it to harass others.

12. Intellectual property

The Platform and its content (excluding your user content and Food Provider content) are owned by Buy The Way and its licensors. We grant you a limited, personal, non-transferable license to use the Platform for its intended purpose.

13. Third-party links & services

The Platform may link to, or rely on, third-party sites and services (for example, our payment processor and map provider). We don’t control them and aren’t responsible for their content or practices, and your use of those services may be subject to their own terms.

14. Disclaimers

The Platform is provided “as is” and “as available,” without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Platform will be uninterrupted or error-free, and we make no warranty about food ordered through the Platform, which is prepared by independent Food Providers.

15. Limitation of liability

To the fullest extent permitted by law, Buy The Way will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, arising from your use of the Platform. Our total liability for any claim relating to the Platform will not exceed the greater of the amount you paid us for the order giving rise to the claim or US $100.

16. Indemnification

You agree to indemnify and hold harmless Buy The Way from claims and expenses arising out of your use of the Platform, your user content, or your violation of these Terms.

17. Termination

You can stop using the Platform at any time. We may suspend or terminate your access, or cancel an order, if you violate these Terms, misuse the Platform, or as reasonably needed to protect the Platform, other users, or Food Providers. Provisions that by their nature should survive termination — for example, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

18. Governing law & dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

Arbitration; class-action waiver. You and Buy The Way agree that any dispute or claim relating to these Terms or the Platform will be resolved by binding, individual arbitration rather than in court, except that either party may bring a qualifying claim in small-claims court. You and Buy The Way waive the right to a jury trial and to participate in a class or representative action. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@buytheways.com. This Section is subject to applicable law.

19. General

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Buy The Way regarding the Platform and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the rest stays in effect.
• No waiver. Our failure to enforce a right or provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them, for example in connection with a merger or sale.
• Force majeure. We’re not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You consent to receive communications and agreements from us electronically, and agree that electronic records satisfy any requirement that they be in writing.
• Notices. We may give you notices through the Platform, by email, or using the contact information on your account. You can send us notices at support@buytheways.com.

20. Changes to these Terms

We may update these Terms. Material changes will be posted with a new “Last updated” date, and your continued use of the Platform means you accept the updated Terms.

21. Contact us

Questions about these Terms? Contact BUY THE WAY INC at support@buytheways.com.