1. Accounts Eligibility
You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are legally able to form a binding contract with Fiesto. All orders must be placed through an authenticated Fiesto account; guest checkout is not available. You agree to provide accurate account information and keep it updated.
2. Description of Service
Fiesto operates a marketplace platform connecting customers with participating restaurants. Fiesto collects payments from Users and remits them to restaurants (we pay restaurants on a weekly basis). Each restaurant is an independent business. Fiesto is not a restaurant, common carrier, or agent of the restaurant or driver. We simply facilitate your orders and process payments. We do not prepare, inspect, guarantee, or control the food or products. Any guarantees or warranties on the food are provided by the restaurant. You agree that Fiesto is not responsible for any acts or omissions of restaurants or delivery drivers beyond our control.
3. Orders and Acceptance
When you place an order through the Service, it is sent to the restaurant. Orders are subject to acceptance by the restaurant. You will receive an electronic confirmation when your order is accepted and is being prepared. Until the restaurant accepts, you may cancel the order at no cost. No cancellations after acceptance: If a restaurant has accepted your order, you may not cancel it without our consent and without paying any applicable cancellation fees. You may cancel pending orders that have not yet been accepted without charge. If you believe an order was improperly accepted, contact support.
4. Payment
By placing an order, you authorize Fiesto to charge your chosen payment method for the full amount of the order (including all items, taxes, delivery fees, service fees, and tips). Fiesto is the merchant of record for transactions on the platform. Your payment is processed and collected by Fiesto before we remit funds to the restaurant. All sales are final once an order is confirmed by the restaurant. (See Section 5 for our refund policy.) You are responsible for any applicable sales tax, and Fiesto reserves the right to charge additional amounts for taxes as required by law.
5. Refunds and Issues
For delivered orders, Fiesto does not guarantee refunds in every situation. However, in cases of missing items, damaged packaging, or other valid issues, Fiesto may issue a partial or full refund at our discretion. For example: Missing Items: We typically issue a full refund for any items missing from your order. Incorrect Items or Quality Issues: If you receive the wrong item or your food has a quality or safety problem, Fiesto will review your claim and may issue a partial refund or credit based on the specifics of the situation. Damaged Packaging: If your order arrives with damaged packaging (but the items are otherwise intact), we may offer a partial refund or credit at our discretion. Late or Failed Delivery: If your order is significantly late or never arrives, contact Fiesto and we may issue a refund or credit based on the circumstances. To request a refund or report a problem, contact Fiesto customer support at [email protected] within 24 hours of delivery. You may need to provide evidence (such as photos), and Fiesto will evaluate your claim on a case-by-case basis. We reserve the right to deny refunds if we find the claim invalid or untimely.
6. Gratuities
Gratuities (tips) are optional and are paid in full to the delivery driver. When you add a tip in the app, 100% of that tip amount will be directed to the driver. Tips are collected by Fiesto (included in your charge) and then paid out weekly to drivers as part of their earnings.
7. User Conduct
You agree not to use the Service for any illegal or unauthorized purpose. You will comply with all applicable laws when using the Service. You agree not to harass or harm others, and not to interfere with others’ use of the Service. You also agree not to attempt to reverse-engineer or interfere with the Service’s functionality.
8. Intellectual Property
All trademarks, service marks, trade names, logos, and copyrighted content displayed on the Service (“Fiesto Content”) are owned by Fiesto or our licensors. Fiesto’s website design, graphics, logos, and other content are protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, or create derivative works of Fiesto Content without our prior written permission. You are granted a limited, non-exclusive license to access and use the Service for personal, non-commercial purposes.
9. Disclaimers; Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. FIESTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIESTO DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. Fiesto is not responsible for any liability arising from the acts of restaurants or delivery drivers. Fiesto makes no warranty regarding the quality, safety, or legality of any restaurant’s products or the timeliness or skill of delivery. Fiesto assumes no responsibility for allergic reactions or other adverse effects from food. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIESTO, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE or the products ordered, even if advised of the possibility of such damages. FIESTO’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST SIX MONTHS FOR THE SERVICE/GROCERIES THAT GAVE RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold Fiesto, its affiliates, and their officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit to the Service.
11. Arbitration Agreement
ARBITRATION: To the fullest extent permitted by law, any dispute, claim or controversy between you and Fiesto arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in the state where Fiesto is headquartered, and the arbitrator’s decision will be final and binding. By agreeing to arbitration, you and Fiesto each waive any right to a jury trial. You may opt out of this arbitration requirement by sending written notice to Fiesto at the address in Section 14 or via email to [email protected] within 30 days of first accepting these Terms. If you do not opt out, arbitration will apply to all disputes (except as provided below). Small Claims Exception: Either you or Fiesto may bring an individual action in small claims court for disputes that qualify under that court’s jurisdiction. This arbitration agreement does not preclude such claims.
12. Modifications to Terms
Fiesto may revise these Terms at any time by posting the updated Terms on our website (with a new “Last updated” date). You should review these Terms periodically. If you continue using the Service after changes are posted, your continued use will constitute acceptance of the new Terms. For material changes (e.g. new fees, new disclaimers, or changes to dispute resolution), we will endeavor to provide prominent notice.
13. Governing Law
These Terms and any claims or disputes related to the Service will be governed by the laws of the state where Fiesto is headquartered, without regard to conflict of laws principles. Any legal action or proceeding related to these Terms must be brought exclusively in the federal or state courts in that jurisdiction, except as otherwise agreed through arbitration.
14. Notices and Contact
For any questions about these Terms, please contact [email protected]. Our Privacy Policy is available at fiesto.com/privacy; privacy-related inquiries should go to [email protected]. Any legal notices or arbitration-related communications should be sent to Fiesto’s registered address: Fiesto, Inc., Attn: Legal Dept., 1234 Main Street, City, State ZIP. (You may also send legal notices to [email protected].) For arbitration opt-out, send written notice to the same address within the 30-day window described above.