Order Online


Last updated: September 1, 2018

 

   By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a agreement with Roti Restaurants LLC, which controls and operates the online services from its headquarters at 600 W Fulton, Suite 101, Chicago, IL 60661.

   By accepting these terms, you also understand and consent to Roti Modern Mediterranean Restaurants Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.

   By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

   The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services.  If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

   If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Roti Modern Mediterranean close any online services account that you have created. You can request account deletion by sending an email to privacy@roti.com, please include the email address of the account that you want deleted.

1. About the online services.

Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Roti Modern Mediterranean does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

Roti Modern Mediterranean Restaurants’ right to update or terminate the online services. You understand and consent that (with or without notice) Roti Modern Mediterranean may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Roti Modern Mediterranean mobile app that you have installed on your device.

Updates to these terms. Roti Modern Mediterranean may also update these terms at any time and at its sole discretion. If Roti makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Roti Roti Modern Mediterranean close any online services account that you have created. To close your account, you can visit https://roti.com/contact-us/ or email us at privacy@roti.com

Links to job opportunities from the online services. Roti Modern Mediterranean is a equal opportunity employer committed to diverse workforces. The online services may provide links to job opportunities posted by Roti Modern Mediterranean.  

How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit https://roti.com/contact-us/

2. Our information practices and communications with you.

Roti Modern Mediterranean Privacy Statement. These terms incorporate Roti Modern Mediterranean Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Roti Modern Mediterranean. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Roti Modern Mediterranean. Roti may use the information you have provided to us to communicate with you in accordance with Roti Modern Mediterranean Privacy Statement.

Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out.  You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.  

3. Sending & receiving orders to and from restaurants.

This section applies to any orders you place using the online services.  Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services. Please see the FAQs for more information on ordering.

About ordering. The purpose of ordering is to provide customers with a convenient way of building orders for products in advance and submitting their orders by checking in at a participating restaurant. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. Not all restaurants may choose to make their products available via ordering. You may need to enable location services on your device in order for ordering to function properly.

About delivery orders. Placing a delivery order either directly through a Roti Modern Mediterranean online service or through a third partner will require a valid phone number and other personal contact information. Information gathered by a Roti Modern Mediterranean third party service may be shared with third party partners to enable deliveries and that, in connection with the applicable deliveries, delivery status may be provided to the customer by e-mail, text messages, and telephone calls from the 3rd party.

Registering your payment method. Roti Modern Mediterranean uses third party providers to securely store your payment card information and process your payments to restaurants. You understand and agree that, when you register a payment card, Roti Modern Mediterranean or its third party providers may verify that the payment card you registered is valid. You also understand and agree that when you use ordering to make a purchase from a restaurant, that restaurant will be the merchant of record. Restaurants may require information other than your order code to verify your purchase. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE ALL PAYMENT CARDS YOU REGISTER.

About the products in the online services. All products are subject to availability at the restaurant where you collect your order.  Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

About the prices in ordering. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact oracle@roti.com to seek a refund of the difference.

Building, confirming and sending your order to a restaurant. You can use ordering to build your order and send it to a participating restaurant that you select. Your payment card will be charged after order confirmation. Orders made must be collected in person from the restaurant.

Updated order totals at check-in. Updated order totals at check-in can result from changes in products, pricing, taxes or other fees required by law due to your arrival at a different participating restaurant than you originally selected. Updated order totals can also result from the unavailability of certain products, changes in price, or other reasons.

Paying for your order. You make your purchase when you complete the ordering process.

Cancelling your order, refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or other reasons, please contact oracle@roti.com

4. Deals.  

You have the possibility of receiving deals through the online services. The following general terms apply to the deals: (1) the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply; (3) unless otherwise stated each deal expires on redemption; (4) only one deal can be used per restaurant visit; (5) deals are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the app next to the deal. Not all deals may be combined with orders.

5. Ownership and Licenses for the online services.

Roti Modern Mediterranean intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Roti Restaurants LLC. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you.  Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Roti Modern Mediterranean.

Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Roti Modern Mediterranean reserves all other rights.

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Roti Restaurants LLC.  The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

6. User submissions and unsolicited ideas.

User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Roti Modern Mediterranean through the online services (together, “submissions”).  You understand that by submitting any information to Roti Modern Mediterranean through the online services, you grant Roti Modern Mediterranean a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Roti Modern Mediterranean will not be required to treat any submissions as confidential.

Unsolicited ideas. It is Roti Modern Mediterranean policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Roti Modern Mediterranean, we’re unable to review new ideas from outside the Roti Modern Mediterranean system. You expressly waive any and all claims against Roti Modern Mediterranean in connection with Roti Modern Mediterranean consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please see Roti Modern Mediterranean FAQs for more information.

7. Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:

a)    Use the online services for any purpose that is unlawful or prohibited by these terms;
b)    Delete or change any copyright, trademark, or other proprietary notices;
c)     Attempt to obtain ownership or title to the online services, including the content;
d)    Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e)    Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f)     Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
g)    Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
h)    Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
i)     Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Roti Modern Mediterranean network or any user accounts associated with the online services.

8. Limitations on liability and disclaimers.

Limitations on Roti Modern Mediterranean liability. ROTI RESTAURANTS LLC SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ROTI RESTAURANTS LLC LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY ROTI RESTAURANTS LLC OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.  Roti Modern Mediterranean reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Roti RESTAURANTS LLC provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. ROTI RESTAURANTS LLC  PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. ROTI RESTAURANTS LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROTI RESTAURANTS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST ROTI RESTAURANTS LLC FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Roti Restaurants LLC does not endorse and is not associated with any of these third party services. ROTI RESTAURANTS LLC HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

Events beyond our control. ROTI RESTAURANTS LLC HAS NO RESPONSIBILITY TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond Roti Restaurants reasonable control. If such an event occurs, then Roti Modern Mediterranean obligations under these terms will be suspended for the duration of the event; and Roti Modern Mediterranean may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes. You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with Roti Modern Mediterranean arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Roti Modern Mediterranean; (4) the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; (5) the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) no claims shall be arbitrated on a class or representative basis as you and Roti Modern Mediterranean hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of  you and Roti Modern Mediterranean; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Roti Modern Mediterranean under this provision; (7) you and Roti Modern Mediterranean empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable; (8) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Roti Modern Mediterranean agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Roti Modern Mediterranean will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Roti Modern Mediterranean nor you shall be entitled to arbitrate their dispute.  In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. Further, BOTH YOU AND ROTI RESTAURANTS LLC AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Roti Modern Mediterranean are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.com.

9. Apple Applications

These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:

If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

10. Miscellaneous.

     Although these terms govern the online services as between Roti Modern Mediterranean and you only (and neither Apple nor Roti Modern Mediterranean are parties to these terms), Apple and Roti Modern Mediterranean are third party beneficiaries under these terms and will have the right to enforce against you those rights that Roti Modern Mediterranean holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.

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