Terms of Service
Terms and Conditions for Gyro Shack Online Services
Last updated: April 20, 2019
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”).
By accepting these terms, you also understand and consent to Gyro Shack 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 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 for use 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 Gyro Shack close any online services account that you have created. You can request account deletion by sending an email to info@gyroshack.com, please include the email address of the account that you want to be deleted.
1. About the online services.
You are responsible for your devices and accounts. You are responsible for any devices, software, and services needed to use the online services. Gyro Shack 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.
Gyro Shack right to update or terminate the online services. You understand and consent that (with or without notice) Gyro Shack 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 Gyro Shack mobile app that you have installed on your device.
Updates to these terms. Gyro Shack may also update these terms at any time and at its sole discretion. If Gyro Shack 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 Gyro Shack close any online services account that you have created. To close your account, email us at info@gyroshack.com.
Independent businesses own and operate many restaurants. While Gyro Shack operates and controls the online services, it is not responsible for the operation of most restaurants. Most restaurants are instead owned and operated by independent franchisees of Gyro Shack. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment-related matters in the restaurant.
Links to job opportunities from online services. Gyro Shack and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by Gyro Shack restaurants. These opportunities are with the restaurant alone and not with Gyro Shack parent company (Gyro Shack Corporation). This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements all hiring decisions, and all other employment-related matters in its business. Gyro Shack parent company does not receive a copy of any application you submit to a restaurant that is a franchise, neither controls whether you receive an interview or are hired, and neither controls franchisees’ employment policies and practices. Gyro Shack parent company does not employ independent franchisees. If you are hired by a restaurant that is a franchise, only that franchise, and not Gyro Shack (Gyro Shack Corporation), will be your employer.
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://www.gyroshack.com/contact.
2. Our information practices and communications with you.
Gyro Shack Privacy Statement. These terms incorporate Gyro Shack 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 Gyro Shack. When you opt into any of these types of communications, you understand and consent that you will receive marketing, transactional and other messages from Gyro Shack. Gyro Shack may use the information you have provided to us to communicate with you in accordance with Gyro Shack 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 into 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. Lastly, please note that if you are receiving communications from a Gyro Shack franchise, then you will need to opt out from them directly.
3. Sending orders to 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 online services. Please note that ordering may not be available in all online services.
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 for ordering to function properly.
Registering your payment method. Gyro Shack and the restaurants use 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, Gyro Shack 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.
You purchase products directly from restaurants. When you use ordering, you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you.
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 to your device’s display of colors or factors such as the ingredients used, the supplier, and the season of the year.
About the prices in ordering. Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. 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 the restaurant where you purchased the product to seek a refund of the difference.
The building, confirming and sending your order to a restaurant. You can use online ordering to build your order, pay for, and send it to a participating restaurant that you select. Orders made must be collected in person from the restaurant.
Updated order totals. Updated order totals 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 your order online. When you complete your order, you authorize the restaurant to process your order total (and if updated, your updated order total). The restaurant’s payment service provider will process your order total amount (and if updated, your updated order total amount) to the payment card you provided when you built your order on the day of pickup. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.
Canceling your order, refunds, and your consumer rights. Once you complete your order, you cannot cancel it online. Please contact the restaurant directly. If the order has already been prepared you cannot cancel it. If you desire to seek a refund for any reason, including if the products are unsatisfactory or other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
4. Deals.
You have the possibility of receiving deals through 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 (e.g., certain breakfast deals may not be available at non-breakfast serving times); (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 online services.
Gyro Shack intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Gyro Shack or its licensors. 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 Gyro Shack or its licensors’ rights.
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. Gyro Shack 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 Gyro Shack or its licensors. 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 Gyro Shack through the online services (together, “submissions”). You understand that by submitting any information to Gyro Shack through the online services, you grant Gyro Shack 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. Gyro Shack will not be required to treat any submissions as confidential.
7. Acceptable uses and restrictions for 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:
- Use online services for any purpose that is unlawful or prohibited;
- Delete or change any copyright, trademark, or other proprietary notices;
- Attempt to obtain ownership or title to the online services, including content;
- Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online
services in any commercial manner; - 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; - Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works
based on the online services; - 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; - Attempt to disable, damage, overburden, impair or gain unauthorized access to the online
services, Gyro Shack network or any user accounts associated with the online services.
8. Limitations on liability and disclaimers.
Limitations on GYRO Shack liability. NEITHER GYRO SHACK NOR ANY OTHER MEMBERS OF GYRO SHACK FRANCHISE SHALL 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 GYRO SHACK LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY GYRO SHACK 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. GYRO Shack reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
Gyro Shack provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. GYRO SHACK PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. GYRO SHACK DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GYRO SHACK 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 GYRO SHACK AND ALL OTHER MEMBERS OF GYRO SHACK FRANCHISE 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. Gyro Shack does not endorse and is not associated with any of these third-party services. NEITHER GYRO SHACK NOR ANY OTHER MEMBERS OF GYRO SHACK FRANCHISE HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control. NEITHER GYRO SHACK NOR ANY OTHER MEMBERS OF GYRO SHACK FRANCHISE HAVE ANY RESPONSIBILITY FOR GYRO SHACK FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond GYRO Shack reasonable control. If such an event occurs, then Gyro Shack obligations under these terms will be suspended for the duration of the event; and Gyro Shack 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.
9. Miscellaneous.
Gyro Shack makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
These terms will be governed and interpreted pursuant to the laws of Idaho, notwithstanding any principles of conflicts of law.
Although these terms govern the online services as between Gyro Shack and you only, all other Members of Gyro Shack Franchise are third-party beneficiaries under these terms and will have the right to enforce against you those rights that Gyro Shack holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Gyro Shack and other Members of Gyro Shack Franchise, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers.
Each of the terms and conditions in these terms is severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If Gyro Shack fails to insist that you perform any of your obligations under these terms, or if Gyro Shack does not enforce its rights against you or delays in doing so, that will not mean that Gyro Shack has waived its rights against you and will not mean that you do not have to comply with those obligations.
Gyro Shack may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Gyro Shack agrees in writing.
Contact Us
If you have additional questions or comments, please contact us at www.gyroshack.com/contact, call us at (208) 853-5840,