This website is operated by Sandwich Inc. (“Sandwich” or “Company”). Sandwich offers this website, including all information, tools and services available on or through this site to you, the user (“you”, “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service (“Terms of Service”, “Terms”) carefully before accessing or using our website. By visiting the site, purchasing something from us, accessing or using information, tools and services available on this site (collectively, the “Service”) you agree to be bound by these Terms, including those additional terms and conditions and policies referenced or available by hyperlink at www.TrySandwich.com/legal, including but not limited to, Sandwich’s website and system privacy policies, system terms and conditions, and end user license agreement, all of which are incorporated by reference into these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Unless otherwise specified in additional terms applicable to such new features, any new features or tools which are added to the Service shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to any part of the Service following the posting of any changes constitutes acceptance of those changes; if you do not agree with any of the updated Terms, you must stop using the Service. Our Sandwich Store is hosted on our own servers. Sandwich Store is an online e-commerce platform that allows us to sell our products and services to you.
By using the Service, you represent that you are at least the age of majority in your state or province of residence, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Sandwich if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Service at any time or in any manner or submit any information to the Service. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Content and Product Information.
In conjunction with the Service, Sandwich may present information and content that is copyrighted and/or trademarked work of Sandwich or Sandwich’s third-party licensors and suppliers or other users of the Service, including but not limited to, logos, graphics, video, images, product information, pricing information, and product specifications, as well as commentary, advertisements, and other third party content (collectively, “Sandwich Content”). Subject to the terms and conditions of these Terms of Service, and your compliance with these Terms of Service, Sandwich hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Sandwich Content and to use the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service or any Sandwich Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Sandwich Content in any manner.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify, suspend or discontinue the Service (or any part or content thereof) or discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Any offer for any product or service made on this site is void where prohibited.
Paid Subscription Features.
Certain Services, such as call center monitoring and cloud video storage, will require a paid subscription (a “Subscription”). A Subscription and the rights and privileges provided to a subscriber is personal and non-transferable. All fees for and payments of Subscriptions are in US Dollars.
The fee that we will initially charge you for your Subscription will be the price posted on the Site or in the Mobile Application on the date that you subscribe. Sandwich reserves the right to change prices for Subscription at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Subscription fees with a major credit and debit card (Visa, MasterCard, American Express, etc.). We will charge your credit or debit card or account for your first Subscription fee on the date that we process your order for your Subscription and on or about each anniversary thereof. Once your credit or debit card or account is charged the first Subscription fee, you will receive a confirmation email.
IMPORTANT NOTICE: Sandwich WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON OR ABOUT EACH MONTHLY ANNIVERSARY OF THAT DATE THAT Sandwich FIRST CHARGES YOU FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, SANDWICH WILL CHARGE YOU THE APPLICABLE MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE). YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING SANDWICH AT SUPPORT@TRYSANDWICH.COM. SANDWICH REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS CANCELLATION REQUESTS. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION MEMBERSHIP TERM.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a subscriber, and you authorize Sandwich to charge your credit or debit card for any such applicable taxes.
Accuracy of Billing and Account Information.
If applicable, you agree to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms. You are expressly agreeing that Sandwich is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service and the fees will be billed to your credit card, debit card, or other payment method designated on your initial Subscription enrollment, and thereafter at regular intervals for the remainder of the term of the subscription period. If you have a balance due on any account, you agree that Sandwich or our third party payment processor may, and you hereby authorize Sandwich and its third party processors to, charge such unpaid fees, any applicable tax and any other charges to your credit card, debit card, or other payment method accepted by Sandwich and/or its third party processors, or otherwise bill you for such unpaid fees or other applicable charges. If you do not pay any amount due on time, or if Sandwich and/or its third party processors cannot charge your credit card, debit card, or other payment method for any reason, we, in addition to any other rights or remedies we may have, reserve the right to either immediately suspend or terminate your access to all or a portion of the paid Service features. Sandwich is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Service. Sandwich reserves the right to change its billing methods at any time; any changes to billing methods will be posted on or through the Service. Your continued use of the Service after the changes have taken effect means that you accept such changes.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third Party Links.
YOU AGREE THAT Sandwich WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Sandwich’s endorsement or recommendation.
User Generated Content.
You are responsible for the information, opinions, messages, comments, and other content or material that you submit, upload, post or otherwise make available on or through the Service (each “User Generated Content”). You may not upload, post or otherwise make available on or through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any of your User Generated Content. You have full responsibility your User Generated Content, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein, you agree that any User Generated Content provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis. You hereby grant to Sandwich a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Generated Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Generated Content. We may modify or adapt your User Generated Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Generated Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Sandwich agrees to use any personally identifiable information contained in any of your User Generated Content in accordance with Sandwich’s privacy policies.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Generated Content posted by you to or through the Service.
When you provide User Generated Content you agree that such User Generated Content shall not be in violation of the “Prohibited Use” section below. Those prohibitions do not require Sandwich to monitor, police or remove any User Generated Content or other information submitted by you or any other user, though we may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Sandwich, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Sandwich is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Sandwich is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
By participating in any contest, drawing, game or competition organized or sponsored by Sandwich (each, a “Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the Sandwich Parties from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith , and for any claims based on publicity rights, defamation or invasion of privacy related thereto. Sandwich reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by Sandwich and its affiliates as set forth in Sandwich’s Privacy Policies and you acknowledge that you have read and accepted Sandwich’s Privacy Policies.
When using the Service, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language, solicit/post sexually explicit images (actual or simulated), or otherwise post, publish, submit, provide access to or transmit any User Generated Content that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is excessively violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Post, publish, submit, provide access to or transmit anything that exploits children or minors or that depicts cruelty to animals.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sandwich or any of our providers or any other third party (including another user) to protect the Service, Sandwich Content or any part thereof.
Attempt to illicitly obtain a password, account information, or other private information from anyone else who uses the Service.
Collect user names, personas, street addresses, email addresses, or other personal information from, or of, other users of the Service for any purpose other than your personal use in your interactions on the Service, and at all times with the permission of the relevant users.
Use any robot, spider, scraper or other automated means to access the Service.
Take any action that imposes an unreasonable or disproportionately large load on Sandwich’s infrastructure.
Alter the opinions or comments posted by others on the Service.
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service.
Post, publish, submit, provide access to or transmit anything contrary to our public image, goodwill or reputation.
Create an account or use the Service if your permission to use the Service has previously been terminated by Sandwich.
Encourage or enable any other individual or group to do any of the foregoing.
This list of prohibitions provides examples and is not complete or exclusive. Sandwich reserves the right to (a) terminate access to your account, your ability to post to use the Service, and (b) refuse, delete or remove any User Generated Content; with or without cause or notice, for any reason or no reason, or for any action that Sandwich determines is inappropriate or disruptive to the Service or to any other user of the Service. Sandwich may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sandwich’s discretion, Sandwich will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
The Digital Millennium Copyright Act of 1998 (“DMCA”).
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
The name, address, telephone number, and email address of the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms, should be sent by email to legal@TrySandwich.com, or by mail to Tanuj Sethi, President & CEO, Sandwich, ATTN: DMCA Notice, 340 S. Lemon Ave, Walnut, CA 91789. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Sandwich and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Service is at your own risk. Sandwich does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The Service, Sandwich Content and User Generated Content have not been verified or authenticated in whole or in part by Sandwich, and they may include inaccuracies or typographical or other errors. Sandwich does not warrant the accuracy or timeliness of the Sandwich Content contained on this Service and Sandwich has no liability for any errors or omissions in the Sandwich Content or User Generated Content, whether provided by Sandwich, our licensors or suppliers or other users.
Sandwich, FOR ITSELF AND ITS SUPPLIERS AND LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE OR ANY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH THE SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND Sandwich MATERIALS, AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Sandwich DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
IN NO CASE SHALL SANDWICH, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE. IN NO CASE SHALL SANDWICH, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Sandwich and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time upon notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Sandwich controls and operates this Service from its offices in the United States of America and Canada. The Sandwich Content and products offered through the Service may not be appropriate or available for use in other locations. If you use this Service outside the United States of America and Canada, you are responsible for following applicable local laws.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
A failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The laws of the State of Delaware will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods and Uniform Computer Information Transactions Act do not apply to this Agreement.
16192 Coastal Hwy,
Lewes, DE 19958, USA
Changes to this Policy.
These Terms are current as of the date set forth below. If we make any changes that materially affect our practices we will endeavour to provide you with notice in advance of such change by highlighting the change on our Site.