Terms & Conditions

Thank you for using LemonHat. These Terms of Service (“Terms”) govern your use of the LemonHat services, including LemonHat's mobile applications, LemonHat's websites and any websites (or portions thereof) or other applications that are operated by Lemon Hat Corporation (collectively, the “Platform”), and are entered into by you and Lemon Hat Corporation, a Delaware corporation (“LemonHat”).

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE AND AGREE TO THE COLLECTION, USER AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH LEMONHAT'S PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

SECTION 12 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND LEMONHAT HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST LEMONHAT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 13 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Lemonhat Platform

The Platform connects users like you with retail stores ("Businesses") through a set of one or more virtual storefronts from which users can select goods for picking and packing for users to pick up in-store/at designated places or on-demand delivery at a location chosen by users and time chosen by retailer. Picking, packing and delivery may be performed by Businesses themselves or Third party logistics providers (collectively, “Third Party Providers”). You acknowledge logistics services are provided by third party independent contractors who are not employed by LemonHat.

LemonHat is not a retail store, restaurant, delivery platform, merchandise delivery platform or food preparation entity. LemonHat is not liable or responsible for Businesses’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, LemonHat does not guarantee the quality of what Businesses sell and does not independently verify, and is not liable for, representations made by Businesses regarding their products on the Platform.

LemonHat is not the retailer of any products offered by Businesses, nor is it in the delivery business. LemonHat provides a technology platform facilitating the transmission of orders by users to Businesses for pickup or delivery by Businesses or Third Party Providers . Third Party Providers are independent entities and not employees, partners, agents, joint ventures, or franchisees of LemonHat. LemonHat shall not be liable or responsible for any pickup or delivery services provided by Businesses or Third Party Providers, or any errors or misrepresentations made by any of them.

You hereby acknowledge that LemonHat does not supervise, direct, control, or monitor a Business's or Third Party Provider’s provision of services and expressly disclaims any responsibility or liability for the services performed. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that LemonHat or the applicable retailer will obtain a credit card authorization for your credit card on file with LemonHat to cover the cost of the goods you have purchased from the retailer and any separate LemonHat fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. LemonHat and/or Business reserve the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Platform may be different than prices offered for the same products in-store or elsewhere by the same Business.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and LemonHat, LemonHat does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Platform.

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction of Business's location.

LemonHat is committed to ensuring that the goods ordered by a user are made ready for pickup or delivered in a manner consistent with the user's expectation.

As provided in greater detail in these Terms, you agree and acknowledge these material terms:
The Platform is licensed, not sold to you, and you may use the Platform only as set forth in these Terms;
 Your use of the Platform may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
You consent to the collection, sharing, and use of your personally identifiable information in accordance with LemonHat’s Privacy Policy
The Platform is provided "as is" without warranties of any kind, and LemonHat’s liability to you is limited; and
Disputes arising under these Terms will be resolved by binding individual arbitration.

1. Eligibility

2. Accounts and Registration

3. Scope of License

4. Payment Terms

You understand that the prices for product or menu items displayed through the Platform may differ from the prices offered or published by Businesses for the same product and/or from prices available at other third-party websites/mobile applications. Prices for products displayed through the Platform may not be the lowest prices at which the product items are sold. Because of the nature of the Platform, LemonHat may not always know the exact price to be charged by the Business for a particular product. After the order has been sent to Business and if a product price in the order doesn't match Business's exact price for the product, Business reserves the right to update the price of a product in the order to the exact price.  Accordingly you may be charged more or less than the order total price (taxes, fees etc) in your order based upon the final prevailing price of Business's goods. . You acknowledge and agree to pay the final order pricing and fees, even if they differ from the original subtotal and/or, taxes and/or fees.

4.2 Offers

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

4.3. Payment Authorization

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

4.4 Cardholder Charges

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

4.5. User fails to pick up or not available for delivery

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

4.6. Cancelled Orders

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

4.7. Returning Items

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

5. Third-Party Interactions

You understand that the prices for product or menu items displayed through the Platform may differ from the prices offered or published by Businesses for the same product and/or from prices available at other third-party websites/mobile applications. Prices for products displayed through the Platform may not be the lowest prices at which the product items are sold.
Because of the nature of the Platform, LemonHat may not always know the exact price to be charged by the Business for a particular product. After the order has been sent to Business and if a product price in the order doesn't match Business's exact price for the product, Business reserves the right to update the price of a product in the order to the exact price.  Accordingly you may be charged more or less than the order total price (taxes, fees etc) in your order based upon the final prevailing price of Business's goods. . You acknowledge and agree to pay the final order pricing and fees, even if they differ from the original subtotal and/or, taxes and/or fees.

5.2. Third-Party Advertising

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

5.3. Links to Third Party Sites

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

6. Terms for Businesses/ThirdParty Providers

7. Your Use of the Platform

7.1. What can't be Sold on Platform

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

8. Consent to Use of Data

9. Intellectual Property Ownership

10. Content You Provide through the Platform

You understand that the prices for product or menu items displayed through the Platform may differ from the prices offered or published by Businesses for the same product and/or from prices available at other third-party websites/mobile applications. Prices for products displayed through the Platform may not be the lowest prices at which the product items are sold. Because of the nature of the Platform, LemonHat may not always know the exact price to be charged by the Business for a particular product. After the order has been sent to Business and if a product price in the order doesn't match Business's exact price for the product, Business reserves the right to update the price of a product in the order to the exact price.  Accordingly you may be charged more or less than the order total price (taxes, fees etc) in your order based upon the final prevailing price of Business's goods. . You acknowledge and agree to pay the final order pricing and fees, even if they differ from the original subtotal and/or, taxes and/or fees.