Skip to content

Terms of service

Last updated: Nov 24, 2024

Springroll customer terms of service

These Customer Terms of Service (the “Terms of Service”) concerns the Springroll program as described below and at www.springroll.com (the “Service”), provided to you by Order Online, Inc. d/b/a Springroll, a North Carolina corporation ("Company”, “us”, “we”, or “our "). Your use of the program, as well as related websites, mobile applications, products, and Service we may offer to you, including updates, any online Service, or downloads associated herewith, the software (including firmware) for any related peripherals, and the associated media, printed materials, and documentation (collectively, the “Service”), is governed by these Terms of Service.  You (“you” or the “Customer”) and we are each a “Party” or collectively the “Parties.”

By agreeing to these Terms of Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) if you use the Service on behalf of a company or other legal entity, you have the authority to act on behalf of such entity and its affiliates; (4) you will not access the Service through automated or non­human means, whether through a bot, script, or otherwise; (5) you will not use the Service for any illegal or unauthorized purpose; and (6) your use of the Service will not violate any applicable law or regulation.  If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Service, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Service.

Company reserves the right in our sole discretion, to update and change any or all of these Terms of Service at any time by posting the modifications to www.springroll.com/terms-of-service/ and/or (2) requiring you to “click to accept” the modified Terms of Service. In addition, you are responsible for regularly reviewing the most current version of the Terms of Service, which are available at www.springroll.com/terms-of-service/. If you object to a change, you must cease use of the Service. Your continued use of any of the Service after any changes have been made to the Terms of Service shall constitute your consent to be bound by such changes.

The Service

Springroll is an internet Service that connects customers like you with third-party service providers, including local merchants (“Restaurants”) and independent delivery service providers (“Delivery Services”). You may order food through the Service to be delivered from particular merchants, including their authorized licensees and franchisees, or other purveyors of food in cities throughout the United States and other territories where Springroll provides such Service (collectively, the “Restaurants”).

Springroll is not a restaurant or food preparation entity. The Restaurants available on the Service operate independently of Springroll. Restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Springroll is not liable or responsible for Restaurants' food preparation or safety and does not verify their compliance with all applicable laws. In addition, Springroll does not guarantee the quality of what the Restaurants sell, nor does it guarantee the service provided by them, including, without limitation, in those cases where they provide the Delivery Services or engage another third-party’s Delivery Services. Springroll does not independently verify, and is not liable for, representations made by Restaurants regarding their food, including, without limitation, any menu- or restaurant-level descriptors, disclosures, photographs or images displayed through the Service reflecting the food prepared by the Restaurants and/or delivered by Delivery Services. By accessing the Service, you agree and acknowledge that Restaurants are solely responsible for, and Springroll shall not be liable or responsible for, the service provided to you by any Restaurant or any subcontractor of any Restaurant, nor shall Springroll be responsible for any acts, omissions, errors or misrepresentations made by any Restaurant or any subcontractor of any Restaurant.

Springroll is not a delivery company or a common carrier. Some deliveries are provided by independent Delivery Services. Delivery Services are not actual agents, apparent agents, ostensible agents, or employees of Springroll in any way. By accessing the Service, you agree and acknowledge that Springroll shall not be liable or responsible for the Delivery Services provided to you through the Service or any subcontractors of Delivery Services, or any acts, omissions, errors or misrepresentations made by any Delivery Services.

License to use the service

  1. Subject to these Terms of Service, we hereby grant you a limited, revocable, non-sublicensable, non-transferable, and non-exclusive license to access and use the Service and the material therein for your limited and personal access and use. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Service shall also constitute the “Service” and shall be subject to these Terms of Service. We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate these Terms of Service by simply discontinuing use of the Service. Your obligation to pay accrued charges and Fees, if any, shall survive any termination of this Agreement. In the event of any termination of these Terms of Service, your account may be suspended and/or deleted. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  2. We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Mobile application license

  1. Use License. If you access the Service via the mobile application (the “App”), then we grant you a revocable, non­exclusive, non­ transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on your devices strictly in accordance with these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial e­mail; or (9) use any Content, proprietary information, or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
  2. Apple and Android Devices. The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to you for our App is limited to a non­transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support Service with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support Service with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third­ party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third­ party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third­ party beneficiary.

Fee and payment

  1. Certain features of the Service, including, without limitation, the placing or receipt of orders, may require you to make certain payments (“Customer Fees”), including commissions or other fees “Additional Fees” and, together with the Customer Fees, the “Fees”). When paid by you, these Fees are final and non-refundable, unless otherwise determined by Springroll. Springroll, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the Fees you were charged.
  2. Springroll will charge, and you authorize Springroll to charge, the payment method you specify at the time of purchase. If you pay any Fees with a credit card, Springroll may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
  3. Springroll reserves the right to establish, remove, and/or revise prices, Fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Service at any time, and further reserves the right to consolidate or otherwise incorporate Fees and/or surcharges into the prices listed for Restaurant food and beverage items. You understand that the prices for menu items displayed through the Service may differ from the prices offered or published by Restaurants for the same menu items, whether offered by the Restaurant directly or on third-party websites. You also understand that such prices may not be the lowest prices at which the menu items are sold.
  4. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. Regardless of the cause, Springroll reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. Springroll may also, in its sole discretion, make promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.
  5. The provider of Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Order Online, Inc. 8480 Honeycutt Rd. Suite 200 Raleigh, NC 27615, or by telephone at (800) 535-8613.

Intellectual property rights

  1. Company IP Rights. Unless otherwise indicated, the Service is proprietary to and owned by us, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service and the trademarks, service marks, and logos contained therein (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content is provided in the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service, and no Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms of Service in and to the Service and the Content.
  2. Customer User Contributions. You grant Springroll an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use your User Contributions as defined in the Website Terms of Use in all forms of media now known or hereafter invented for the purpose of operating, promoting, and improving our the website, business, products and services, and developing new ones (collectively, the “Uses”). The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Customer, to attribute your User Contributions to you on the Service, including in Interactive Services and other public areas on our Service, or otherwise in connection with the Service. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity.

Communication and text messages

  1. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Service, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
  2. Your voluntary provision to Springroll of your cell phone number represents your consent that Springroll may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Springroll, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from Springroll at any time. To revoke your consent to receiving SMS or MMS messages from Springroll, you agree to follow the unsubscribe procedures described below.
  3. When placing orders through the Service, you may receive order status messages from Springroll about each order. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message.
  4. Additionally, you may receive messages from Springroll following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Springroll, the Restaurant, or the Delivery Services regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Restaurant or your Delivery Services to enable successful delivery of your order.
  5. You may also receive text messages in response to certain customer service requests. To unsubscribe from customer service messages, just reply to the message by texting “STOP” to the number sending the message.
  6. If you unsubscribe from receiving text messages from Springroll through the process described above, you may continue to receive text messages for a short period while Springroll processes your request(s). If you change or deactivate the phone number you provided to Springroll, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Springroll’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.
  7. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please contact our customer service team at help@springroll.com.

Warranty and limitation of liability

  1. “AS IS” WARRANTY; DISCLAIMER OF WARRANTIES. THE SERVICE AND THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON THE COMPANY WEBSITES ARE ALL PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. COMPANY DOES NOT WARRANT THAT THE OPERATION COMPANY WEBSITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE AND RELATED SERVICE IS AT CUSTOMER’S SOLE RISK.
  2. LIMITATION OF LIABILITY. TO EXTENT PERMITTED BY APPLICBALE LAW, EXCEPT WITH REGARD TO EACH PARTY’S DEFENSE OBLIGATIONS UNDER THIS AGREEMENT (INCLUDING SECTION 7 “INDEMNIFICATION”), NEITHER PARTY SHALL HAVE LIABILITY TO ANY OTHER PERSON OR ORGANIZATION FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSINESS), HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS.
  3. FOR ALL CASES AND CONTROVERSIES ARISING OUT OF COMPANY’S RELATIONSHIP WITH CUSTOMER, WHETHER OR NOT ARISING OUT OF THIS AGREEMENT AND WHETHER BROUGHT IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, COMPANY’S AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED $100.

Indemnification

  1. Customer Indemnification. Customer agrees to indemnify, defend and hold harmless Company, its Affiliates and licensors, and each of their officers, directors, agents, owners, employees, independent contractors , from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of: (i) Customer giving Company any information which is inaccurate; (ii) Customer’s negligence or willful misconduct; (iii) Customer’s violation of any law, regulation or right of any third party; (iv) Customer’s breach of any representation, warranty or obligation under this Agreement; (v) Springroll’s use of your User Contributions; (vi) the sharing or other misuse of log-in information by Customer or third-parties; or (viii) any dispute or action between Customer and any third party, including restaurants.  The foregoing obligation will not apply to the extent finally established by a court of competent jurisdiction that the claim was caused by Company’s: (a) material breach of this Agreement, (b) gross negligence, or (c) willful misconduct.
  2. Customer shall indemnify Company for any fees or assessments imposed by a card brand as a result of Customer’s noncompliance, or purported noncompliance, with any card brand rule(s). Company shall have the right, but not the obligation, to attempt to mitigate such fees or assessments with the card brands.

Additional terms

  1. Delivery Service. By selecting the Delivery Service, Customer agrees to use Company’s third-party service providers to fulfill deliveries. Customer also agrees to use Company’s payment processing solution for Delivery Service. Company is not responsible for actions or inactions of third-party service providers, their drivers or systems. Company will work with Customer. restaurant and/or third-party service provider(s) when issues occur, but Customer understands Company will not be responsible for food, delivery or service since it is out of Company’s control.
  2. You acknowledge and agree that we reserve the right to modify the Service from time to time at our sole discretion and that we shall not be liable to you or to any third party for any modification of the Service. Company shall have the right to immediately, and without notice to Customer, implement any changes to the Service necessary to comply with sanctions requirements, applicable law, card brand rules, or regulatory recommendations or requirements, including any requirements or recommendations of Company service providers, payment processor, or sponsor bank (“Changes in Law”); provided that, Company shall make reasonable efforts to notify Customer of Changes in Law that result in changes to the Service as soon as reasonably practicable upon implementing such changes. At any time, Company may use subcontractors or strategic partners to perform portions of the Service. The Service may be comprised of new features that Company may choose to make available in its sole discretion from time to time. Company may modify or terminate any of these features in its sole discretion at any time.
  3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (collectively, "Feedback") provided by you to us are not ­confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to use and disseminate such Feedback for any lawful purpose consistent with our Privacy Policy, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

General

  1. Governing Law and Judicial Forum. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of North Carolina, USA, without regard to rules governing conflict or choice of laws. You and Company agree that any dispute hereunder shall be heard by the state or federal courts located in Wake County, North Carolina, and both you and Company consent to venue and personal jurisdiction there.
  2. Entire Agreement. These Terms of Service and any policies or operating rules referred to herein in respect to the Service constitute the entire agreement and understanding between you and us.
  3. Nothing in this Agreement constitutes or shall be deemed to constitute a partnership or joint venture between the Parties, or to constitute either Party as an agent of the other.
  4. Force Majeure. Neither Party will be responsible for any delay or nonperformance of its obligations under this Agreement (except for payment obligations) to the extent caused by fire, war, riots, strikes, power surges or failure, labor disputes, acts of God, failure of third parties, networks, vendors, subcontractors or their Service or other causes beyond the reasonable control of the non-performing Party.
  5. Should any provision of this Agreement be declared to be void or invalid by the final decision of any court of competent jurisdiction, that provision shall be revised to the extent permitted as closely as possible to effectuate the intent of the Parties, and the remainder of this Agreement shall continue to be in force between the Parties.
  6. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither Party may assign or transfer rights and conditions of this Agreement or any of its rights under this Agreement to any third party without the other Party’s written consent, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, either Party may assign this Agreement, without the consent of the other, to a successor entity that acquires all or substantially all of the Party’s assets or business, or a controlling interest in the Party’s stock. The assigning party shall provide the other party with prompt written notice of any assignment. The assigning party shall remain liable for any breach of this Agreement occurring prior to such effective date