TERMS & CONDITIONS
Last updated: November 4, 2020
Plantivore LLC and/or its affiliates (“Plantivore LLC”, “we” or “us”) operate a restaurant (“Twisted Plants”) located at 4905 S Packard Ave, Cudahy, WI 53110 and order.twistedplants.com from which you may purchase food and products (“Twisted Plants Online Ordering”).
1. Information that you provide to us.
2. Twisted Plants Online Ordering.
You may choose to or we may invite you to submit comments or ideas about improvements to the Twisted Plants Online Ordering or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Plantivore LLC has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Products, Content and Specifications.
Plantivore LLC sells vegan/plant-based food. Details of the products and services available for purchase in the Twisted Plants Online Ordering (“Twisted Plants Online Ordering”) are set out in the Twisted Plants Online Ordering. All features, content, specifications, products and prices of products and services described or depicted in this Twisted Plants Online Ordering are subject to change at any time without notice. Unless expressly noted, all descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Twisted Plants Online Ordering at a particular time does not imply or warrant that these products or services will be available when you pass an order. Occasionally, the production of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
4. Fees, Payments & Currency.
Twisted Plants Online Ordering implies a 50¢ convenience fee that is applied when passing an online order. It is specified before making the purchase, and by passing an order, you agree to the fee.
The Twisted Plants Online Ordering use Stripe payment processing services in order to offer its customers a complete secured payment and checkout process. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, Stripe uses the best-in-class security tools and practices to maintain a high level of security at Stripe.
All prices indicated on the Twisted Plants Online Ordering are in US dollars.
5. Fulfillment Policy.
This Section 7 applies to Twisted Plants Online Ordering that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any order receipt.
Orders will be served at the restaurant's location for dine-in, made available for pickup by customers at the restaurant's physical location and/or delivered to the customer using 3rd party applications partners or our own staff. The delivery fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated delivery time frame, the estimated delivery time is not guaranteed, and inventory shortages or events beyond our control could impact the delivery time. Plantivore LLC is not liable for delivery later than the estimated delivery time, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery.
As we sell food, returns are not accepted. However, unless we tell you otherwise, you can be entitled to a refund depending on the situation. To begin the refund process, please contact us at firstname.lastname@example.org. Refund procedure information will be provided.
Plantivore LLC respect your privacy.
Plantivore LLC obtains Personal Data about you from various sources to provide our Services and to manage our Site. “You” may be a visitor to our website, a customer of one or more of our Services (“Customer” or “Plantivore LLC Customer”). Your agreement with the relevant Plantivore LLC Customer should explain how the Plantivore LLC Customer shares your Personal Data with Plantivore LLC, and if you have questions about this sharing, then you should direct those questions to Plantivore LLC.
B. Personal Data We Collect
a. Personal Data that we collect about you.
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Site and Services will be apparent from the context in which you provide the data. In particular:
• When you fill-in our online form to pass an order, we collect your name, email, phone number, and anything else you tell us in the notes section.
When you respond to Plantivore LLC emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Plantivore LLC.
• If you are a Customer, when you make payments or conduct transactions through a our website or online ordering, Plantivore LLC, PAYOO LLC and Stripe will receive your transaction information. The information that we collect will include payment method information (such as credit or debit card number), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by Stripe. When you make a transaction, we may also receive your name, email, billing or delivery address and in some cases your transaction history to authenticate you.
When we, or our partners conduct fraud monitoring, prevention, detection, and financial compliance activities, we will receive Personal Data from you (and your device) and about you through our website and from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may collect Personal Data about you and use technology to help us assess the risk associated with an attempted transaction by you.
You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, etc.
b. Information that we collect automatically on our Sites.
• Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
• Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyze Your use of our Sites and diagnose technical issues.
C. How We Use Personal Data
a. Our products and services.
We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users.
b. Marketing and events-related communications.
We may send you email marketing communications about Plantivore LLC products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law.
We do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.
D. How We Disclose Personal Data.
Plantivore LLC does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.
a. Plantivore LLC. We share Personal Data with our services providers (Stripe, PAYOO LLC) in order to provide our Services and for internal administration purposes.
b. Service providers. We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as online ordering, payment processing, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union and the United States of America.
c. Business partners. We share Personal Data with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services, and the professional services firms that we partner with.
d. Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of Plantivore LLC, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
E. Your Rights and Choices.
You have choices regarding our use and disclosure of your Personal Data:
a. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
b. How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by contacting Plantivore LLC.
c. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
• The right to request confirmation of whether Plantivore LLC processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
• The right to request that Plantivore LLC rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
• The right to request that Plantivore LLC erase your Personal Data in certain circumstances provided by law;
• The right to request that Plantivore LLC restrict the use of your Personal Data in certain circumstances, such as while Plantivore LLC considers another request that you have submitted (including a request that Plantivore LLC make an update to your Personal Data); and
• The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
d. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact Plantivore LLC as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
F. Security and Retention.
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
We retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services directly or indirectly to you, even if you complete a transaction with Plantivore LLC to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
G. Use by Minors.
The Services are not directed to individuals under the age of thirteen (13), and we request that they not provide Personal Data through the Services.
I. Links To Other Websites.
The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
J. Jurisdiction-specific Provisions.
United States - California residents. This section provides additional details about the personal information we collect about California consumers as well as the rights of California consumers under the California Consumer Privacy Act (CCPA).
b. Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
• Exercising the right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
• the categories and specific pieces of personal information we have collected about you;
• the categories of sources from which we collected the personal information;
• the business or commercial purpose for which we collected the personal information;
• the categories of third parties with whom we shared the personal information; and
• the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
• Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
• Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place. As described in Advertising, we do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.
• Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
To submit a request to exercise any of the rights described above, you may contact Plantivore LLC directly. We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required.
7. No warranties
We provide the Twisted Plants Online Ordering products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Plantivore LLC or obtained by you from or through the Twisted Plants Online Ordering – whether from Plantivore LLC or another entity, and whether oral or written – creates or implies any warranty from Plantivore LLC to you.
Plantivore LLC disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Twisted Plants Online Ordering; (b) that the Twisted Plants Online Ordering Products will meet your specific needs or requirements; (c) that the Twisted Plants Online Ordering will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Plantivore LLC will correct any defects or errors in the Twisted Plants Online Ordering; or (e) that the Twisted Plants Online Ordering is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Twisted Plants Online Ordering is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
8. Limitation of liability.
You agree to limit any additional liability not disclaimed or denied by Plantivore LLC in relation to the Twisted Plants Online Ordering, and Twisted Plants Online Ordering Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Plantivore LLC during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
10. Applicable law
11. Modification and severability
12. Contact Us.
4905 S Packard Ave
Cudahy, WI 53110
You can contact our customer service at the above address or email contact.