Zifty - Terms and Conditions

Terms & Conditions

Agreement – If you use, visit or browse Zifty.com, you agree to these terms.

Changes – We may change these terms at any time without notice.

Privacy – We take your privacy seriously. We never share or sell your information. Please see our Privacy Policy for details.

Cancellations – Orders cannot be cancelled with less than 24 hours notice of their delivery time. (This means any order the placed for delivery on the same day cannot be cancelled once placed.)

Refunds & Returns – We cannot accept returns of any items. All sales are final. Refunds will only be given for missing, damaged, or incorrect items.

No Answer – If you fail to answer your door, you are still responsible for the entire cost of your order. We will continue to try to contact to you arrange for another delivery attempt. Additional delivery attempts cost $3.00 each and will be added to your order. If we are unable to reach you after 2 hours past your original delivery time, we will consider your order undeliverable and will be restocked or thrown out as appropriate.

Responsibility for Order – You are responsible for the entire cost of your order, even if you never receive it. It will either be charged to any credit card on file with us, any card previously used, placed as a fee on your account to be paid with your next order, or turned over to a collections agency.

Delivery Times – Delivery times are estimates. Orders cannot be cancelled because it will arrive early or late.

Delivery Fees – Non-members pay a $5.99 delivery fee for each order placed. Adding additional restaurants to an order incurs an additional $3 per restaurant. Delivery fees are waived for members and any order exceeding $100 (before tax and tip).

Membership Fees – Joining Zifty as a member is not required to place orders. Membership costs $9.99 per month (plus sales tax) and renews automatically until you cancel. The membership fee for a month cannot be refunded if the membership was used to receive a delivery.

Items Ordered – We will deliver the only the items you ordered, as they are stated on the order confirmation page. We cannot guarantee that restaurants will abide by any special requests that are written in on an order.

Accuracy – If an item is missing or incorrect, you must notify us and we will work with you to resolve the problem. We may ask for incorrect items to be given back to a delivery driver.

No Errand Running – We are not an errand running service and will not pick-up additional items for you. Attempts to bribe drivers into picking up items not sold via Zifty will result in an immediate and permanent ban of your account and street address.

Gratuity – Gratuity is optional, except on orders with a sub-total of $100 or more, in which an automatic gratuity of 15% is added to the bill.

Credit Cards – We accept credit and debit cards for payment, but you must have the card present upon delivery. Only cards with US billing addresses are accepted. You can request to never have to show the card upon delivery, but such requests must be made in writing to operations@zifty.com at least 5 days in advance. Such requests are approved on a case-by-case basis.

Cash – We do not accept cash for payment.

Checks – We do not accept checks for payment (personal or corporate).

Referral Codes – Are not be shared on coupon sites. Any posting of your referral code on a coupon site, or similar service, will result in your account being suspended and your credit card charged for any discounts given. Referral codes are only to be shared with your friends and family.

Fraud & Abuse – We will suspend any account we suspect of fraudulent activity or for abuse of our service or staff.

Wrong Address – If you choose the wrong delivery address and fail to notify us before the driver arrives at the incorrect address, we will charge you an additional $3.00 delivery fee.

Correct Contact Information – It is the customer's responsibility to provide a working telephone number and valid email address prior to checking out. Changes to contact information after check-out will not be effective on any orders already placed.

Combining Orders – We will automatically combine any orders we receive from you for delivery to the same address, using the same payment method, with a similar delivery time. No notice will be given when orders are combined.

Price Changes – We may change the price and availability of any item at any time, without notice. We cannot guarantee that any item listed on the web site will actually be in stock or available from a particular restaurant. We will not issue refunds for a drop in price after an order has been placed.

Delivery Area – Our delivery area is subject to change without notice. No deliveries will be made to any address outside our current delivery area.

Refuse Service – We may refuse service to anyone for any reason, or no reason at all.

Illness – We are not liable, directly or indirectly, for any sickness caused, directly or indirectly, by food or products delivered by or purchased through Zifty.com. By placing an order containing food items, customer acknowledges this and hereby releases Zifty.com from any and all claims, damages, or liability as related to any food item ordered from Zifty.com.

Cookie – In order to provide you with ease of access to your account, Zifty, LLC will place a cookie (a small text file) on any computer from which you access the Zifty.com Web site. When you revisit the Zifty.com web site, this cookie may enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

As-Is – The Zifty.com Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Zifty.com web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Zifty.com Web site, any failures, delays, or interruptions in the delivery of any content contained on the Zifty.com Web site, any losses or damages arising from the use of the content provided on the Zifty.com Web site, or any conduct by users of the Zifty.com web site. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

Liability – In no event shall Zifty.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Copyright – All content included on the Zifty.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Zifty, LLC or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Zifty, LLC and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from Zifty.com.

Trademark – Zifty.com is a trademark of Zifty, LLC Other marks indicated on our site are trademarks of Zifty, LLC All Zifty.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Zifty, LLC Zifty.com's trademarks and trade dress may not be used in connection with any product or service that is not Zifty.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zifty.com. All other trademarks not owned by Zifty.com that appear on the Zifty.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zifty.com. Any images of persons or personalities contained on the Zifty.com Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Comments – We distribute movie, television, and other filmed entertainment. In addition, the Zifty.com Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Zifty.com Web site are those of the respective authors or producers and not of Zifty, LLC or its shareholders, directors, officers, or employees. Under no circumstances shall Zifty, LLC or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Zifty.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Zifty.com Web site.

Reviews – We permit you to post reviews on the Zifty.com Web site in accordance with the procedures established on the Zifty.com Web site and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Zifty.com Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Communications – Zifty, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Zifty.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Zifty.com Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Postings – By accessing the Zifty.com Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Zifty.com Web site. You also agree not to interfere with the servers or networks connected to the Zifty.com Web site or to violate any of the procedures, policies or regulations of networks connected to the Zifty.com Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Zifty.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Zifty.com Web site for any unlawful purpose.

Use – Unless otherwise specified, the content on the Zifty.com Web site is for your personal and non-commercial use and we grant you a limited license to access the Zifty.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Zifty.com Web site without our express written consent. Any unauthorized use of the Zifty.com Web site or its contents will terminate the limited license granted by us.

Termination – We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links – Some of the hyperlinks on the Zifty.com Web site may lead to other Web sites that are not controlled by, or affiliated with, Zifty, LLC In addition, other Web sites may link to the Zifty.com Web site. Zifty.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.