Cheetah is an online platform connecting buyers and merchants. All transaction made on the Cheetah platform are between the buyer and the merchant. Cheetah sales are online sales and are processed as online transactions. You will receive an electronic receipt for your order. Cheetah does not take title for any items sold on the platform. Rather, title for each item you purchase will pass directly from the merchant to you, either in the merchant’s store at the point of sale if Cheetah arranges for delivery of the items, or at the delivery address if the merchant arranges for delivery of the items from the merchant’s warehouse or distribution center. Sales tax will be calculated at the time title passes to you. Cheetah may display estimated taxes on your purchase to you online during the Cheetah purchase process; however, your final receipt will display the final sales tax calculated. Each merchant is solely responsible for calculating and informing Cheetah how much sales tax to collect on each order. Cheetah will collect the instructed amount from you on behalf of the merchant and will remit those funds to the merchant.
In-store or in-warehouse prices and other applicable fees (such as taxes and other fees that the merchant charges, like bottle deposits and e-waste fees) may vary based on actual in-store or in-warehouse item prices and availability.
For example, items sold by weight may end up costing a little more or less than the price listed on Cheetah, depending on the exact weight and price of what’s chosen for you. Also, if something is out of stock, the substitutes you get may have prices different from your original items. Because these prices (and the associated taxes and other fees the merchant charges) may vary based on current in-store or in-warehouse item prices and availability, we may authorize your card for an estimated amount that includes a reasonable buffer to cover that variance. You’ll pay the in-store or in-warehouse price (and the associated taxes and other fees the merchant charges) for the items in your order, and the total will show on your final receipt. If the total exceeds the designated reasonable buffer for your order, then part or all of your order will be automatically declined and you may choose to resubmit the declined part of your order at the new price.
Items are purchased from individual stores as listed in your cart and your order history. The shipping & service fee is not a tip. All service fees are paid to Cheetah.
By using Cheetah you agree to allow Cheetah to charge the credit card on file and/or debit funds directly from the bank account you have set up on our App. If your primary method of payment is credit card and the credit card fails, the second credit card will be charged immediately. If your primary method of payment is ACH bank transfer and the ACH bank transfer fails, then your credit card will be charged immediately – this includes the credit card processing fee of 3%. Neither Cheetah nor its vendors on the platform offer credit and therefore payment is due upon delivery of the order.
If you wish to return an item from an order you must notify the driver at the time of delivery of that order. All returns of merchandise are subject to the return policy of the Vendors on the platform from which you ordered. All product must be in the original packaging and must be in a re-sellable format. If product is removed from the original packaging or the original packaging is damaged we cannot return the product nor issue a refund. All perishable items must be returned within 24 hours of the original delivery date or we cannot return the product nor issue a refund. All non perishable product must be returned within 7 days of the original delivery date.
If you cancel an order the day of delivery you will be charged a $50.00 cancellation fee.
If you order from Restaurant Depot on the platform and do not pay your invoice (this includes when your credit card fails or ACH fails due to insufficient funds) the amount of your invoice will be transferred to your Restaurant Depot account and you will need to pay the amount of the invoice to Restaurant Depot before you can make additional purchases at Restaurant Depot.
YOU AGREE THAT NEITHER Cheetah NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR ANY ERRORS, MISTAKES OR OMMISIONS RESULTING FROM OUR SERVICE. IN THE EVENT YOU HAVE A DISPUTE RESULTING FROM OUR SERVICE, YOU HEREBY RELEASE Cheetah AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Transactions Involving Alcoholic Beverages
Alcoholic beverages may only be purchased by businesses with current and updates Alcohol Licenses, including without limitation Customers, who are at least twenty-one (21) years old (“Legal Age”). If you are a Customer, you expressly represent and warrant that: (i) you have an valid Alcoholic Beverage License; and (ii) you will provide bona fide identification showing your Legal Age to your Personal Shopper upon delivery to you pursuant to the Shopper Services of any Supplies that include Alcoholic Beverages.
Cheetah does not charge any fee with respect to Alcoholic Beverages or Customer’s purchase of Alcoholic Beverages from retailers. When Customer places an order for Alcoholic Beverages using the Website (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the retailer to whom the Alcoholic Beverage Order was placed (“Merchant”). Cheetah does not have any authority to accept Customer’s Alcoholic Beverage Order, and no sale pursuant to Customer’s Alcoholic Beverage Order will become final unless and until Merchant accepts Customer’s Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Seller (such accepted sale an “Alcoholic Beverage Purchase”), Customer’s credit card shall be charged, and that portion of the funds from Customer’s credit card payment that relates to the Alcoholic Beverage Purchase shall be deposited into an account for the benefit of Seller in compliance with applicable alcoholic beverage laws.
APIs and Third Parties
Customer acknowledges and agrees that the Services operate on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). Cheetah is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Services and for complying with any applicable terms or conditions thereof. Cheetah does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to Cheetah and its affiliates. Users of this Website or of the Cheetah Support (“you” or “User(s)”) may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Cheetah all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Cheetah or any third party; or (iv) impersonates another person. Cheetah reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
Cheetah does not endorse any User Submission or any opinion, recommendation or advice therein, and Cheetah expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Cheetah with respect thereto. Cheetah may provide links to websites owned or operated by third parties. Cheetah does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk.
You are the sole authorized User of any account you create with Cheetah. You are responsible for maintaining the confidentiality of any password or account number provided by you or Cheetah for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. Cheetah has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify Cheetah immediately. You may opt-out of receiving text messages from us by emailing [email protected] If you provide your cell phone number to Cheetah pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cheetah MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE Cheetah WEBSITE. Cheetah ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Cheetah WEBSITE OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Cheetah’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
CHEETAH DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Cheetah SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. Cheetah, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Cheetah MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. Cheetah AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT CHEETAH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF Cheetah HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT Cheetah SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL Cheetah’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO Cheetah HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless Cheetah and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Cheetah shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Cheetah may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website or the Support, Cheetah reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Support. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in San Francisco, California utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
Governing Law and Severability
This Agreement is governed by the laws of the State of California, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Website is void where prohibited.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Changes to the Agreement
Cheetah reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Website or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
Cheetah welcomes your questions or comments regarding the Terms:
Cheetah Technologies, Inc.
351 9th St. Suite 302
San Francisco, CA, 94103
For customer service inquiries, please contact us at [email protected]
Updated on April 2, 2019