Terms and Conditions for El Taco Santo Online Services (USA)
Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on El Taco Santo liability and other provisions that affect your legal rights.
By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with El Taco Santo.
By accepting these terms, you also understand and consent to El Taco Santo 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, as stated in Section 9, 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 to be used by, or targeted to, anyone under the age of 18 years old. You must be at least 18 years old 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 El Taco Santo close any online services account that you have created.
1. About the online services.
Availability of products and services.
El Taco Santo products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road.
Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts.
You are responsible for any devices, software and services needed to use the online services. El Taco Santo 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.
El Taco Santo right to update or terminate the online services.
You understand and consent that (with or without notice) El Taco Santo 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 El Taco Santo mobile app that you have installed on your device.
Updates to these terms.
El Taco Santo may also update these terms at any time and at its sole discretion. If El Taco Santo 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 El Taco Santo close any online services account that you have created.
Independent businesses own and operate many restaurants.
While El Taco Santo 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 El Taco Santo and some are operated by El Taco Santo subsidiaries (such franchisees and subsidiaries are together, “restaurants”). 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 the online services.
El Taco Santo and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by El Taco Santo or restaurants. These opportunities are with the restaurant alone and not with El Taco Santo or its parent company (El Taco Santo). 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. Neither El Taco Santo nor its parent company receives a copy of any application you submit to a restaurant that is a franchisee, neither controls whether you receive an interview or are hired, and neither controls franchisees’ employment policies and practices. Neither El Taco Santo nor its parent company employs independent franchisees. If you are hired by a restaurant that is a franchisee, only that franchisee, and not El Taco Santo or its parent company (El Taco Santo Corporation), will be your employer.
El Taco Santo Privacy Statement.
These terms incorporate El Taco Santo 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 El Taco Santo. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from El Taco Santo. El Taco Santo may use the information you have provided to us to communicate with you in accordance with El Taco Santo 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 in to 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. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a El Taco Santo franchisee, then you will need to opt out from them directly.
This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services. Please refer to the FAQs for more information on 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 in order for ordering to function properly.
Registering your payment method.
El Taco Santo 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, El Taco Santo 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. You further understand and agree that you are purchasing directly from restaurants (and not El Taco Santo or any other Members of the El Taco Santo system) and that neither El Taco Santo nor any other Members of the El Taco Santo System have any responsibility arising out of or related to any products that you purchase from restaurants using ordering. El Taco Santo Corporation (which is El Taco Santo parent company), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the El Taco Santo System”.
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 your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, 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.
Building, confirming and sending your order to a restaurant.
You can use ordering to build your order and send it to a participating restaurant that you select. You do not make your purchase until you check in at a restaurant, and your payment card will not be charged until you check in at a restaurant. Orders made must be collected in person from the restaurant.
Checking in at a restaurant and making your purchase.
You can check in at any participating restaurant, even if you selected a different restaurant when you built your order. You make your purchase from a restaurant when you complete your check in at that restaurant.
Updated order totals at check-in.
Updated order totals at check-in 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 check in at a restaurant. When you complete your check in, 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 selected when you built your order. 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.
Cancelling your order, refunds and your consumer rights.
You have the ability to update or abandon your order at any time until you check in your order at a restaurant. However, once you complete your check in at a restaurant, 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.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals:
- 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;
- serving times apply (e.g., certain non-breakfast deals may not be available at breakfast serving times);
- unless otherwise stated each deal expires on redemption;
- only one deal can be used per restaurant visit;
- deals are not transferable; and
- 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.
3. Ownership and Licenses for the online services.
El Taco Santo intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of El Taco Santo 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 El Taco Santo 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. El Taco Santo reserves all other rights.
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 El Taco Santo 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.
4. User submissions and unsolicited ideas.
Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to El Taco Santo through the online services (together, “submissions”). You understand that by submitting any information to El Taco Santo through the online services, you grant El Taco Santo 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. El Taco Santo will not be required to treat any submissions as confidential.
It is El Taco Santo policy not to consider unsolicited ideas. While we appreciate you taking the time to consider El Taco Santo, we’re unable to review new ideas from outside the El Taco Santo system. You expressly waive any and all claims against El Taco Santo and all other Members of the El Taco Santo System in connection with El Taco Santo consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please refer to El Taco Santo FAQs for more information.
5. Acceptable uses and restrictions for the 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 the online services for any purpose that is unlawful or prohibited by these terms;
- Delete or change any copyright, trademark, or other proprietary notices;
- Attempt to obtain ownership or title to the online services, including the 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;
- Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
- 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, El Taco Santo network or any user accounts associated with the online services.
6. Limitations on liability and disclaimers.
Limitations on El Taco Santo liability.
Neither El Taco Santo nor any other Members of the El Taco Santo System 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 El Taco Santo liability for damages to the extent caused by El Taco Santo 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. El Taco Santo reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
El Taco Santo provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. El Taco Santo provides the online services “as is” and without warranties of any kind either expressed or implied. El Taco Santo disclaims all warranties of merchantability and fitness or a particular purpose. El Taco Santo 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 El Taco Santo and all other Members of the El Taco Santo System 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. El Taco Santo does not endorse and is not associated with any of these third party services. Neither El Taco Santo nor any other Members of the El Taco Santo System have any responsibility arising from or related to these third party services.
Events beyond our control.
Neither El Taco Santo nor any other Members of the El Taco Santo System have any responsibility for El Taco Santo failure to perform any of its obligations under these terms cause by or related to any event beyond El Taco Santo reasonable control. If such an event occurs, then El Taco Santo obligations under these terms will be suspended for the duration of the event; and El Taco Santo 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.
How we settle disputes.
You agree that:
- any claim or dispute (whether in contract, tort, or otherwise) you may have with El Taco Santo or any other Members of the El Taco Santo System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
- this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
- the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and El Taco Santo or other Members of the El Taco Santo System;
- the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
- the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
- no claims shall be arbitrated on a class or representative basis as you and El Taco Santo hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and El Taco Santo; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and El Taco Santo under this provision;
- you and El Taco Santo empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
- in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, El Taco Santo agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, El Taco Santo will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
- with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither El Taco Santo nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. Further, both you and El Taco Santo agree to waive any right to a trial by jury. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and El Taco Santo are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.
- El Taco Santo 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 Illinois, notwithstanding any principles of conflicts of law.
- Although these terms govern the online services as between El Taco Santo and you only (and neither Apple nor any other Members of the El Taco Santo System are parties to these terms), Apple and all other Members of the El Taco Santo System are third party beneficiaries under these terms and will have the right to enforce against you those rights that El Taco Santo holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
- The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
- 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 El Taco Santo and other Members of the El Taco Santo System, 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, and all of Section 9 (“How we settle disputes”)
- Each of the terms and conditions in these terms are 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 El Taco Santo fails to insist that you perform any of your obligations under these terms, or if El Taco Santo does not enforce its rights against you, or delays in doing so, that will not mean that El Taco Santo has waived its rights against you and will not mean that you do not have to comply with those obligations.
- El Taco Santo 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 El Taco Santo agrees in writing.