Terms

Agreement

These terms are a contract between you and Guey, Corp., a Delaware corporation (“Guey,” “we,” “us”). They govern your use of Ese Guey, our weekly office burrito delivery service in New York City, including the website, dashboard, order links, and related messages.

By creating an account, saving a payment method, or placing an order, you agree to these terms and to our Privacy Policy. If you are ordering for a company, you represent that you have authority to bind that company, and “you” includes both you and that company.

The service

Ese Guey delivers a recurring lunch order to an office on a weekday you choose. Each week we send the office contact a link. That person can confirm or change the burrito count and share the link so people in the office can choose from the menu. Burritos that are not individually chosen are still prepared and billed, split across the available menu.

We currently deliver to approved addresses in New York City. An address outside that area, or one we cannot serve, will not receive deliveries. We may decline, pause, or stop service for an address.

Accounts

The office contact signs in with a code texted to the phone on the account. If that number has opted out, we email a code to the address on the account instead. You are responsible for that email, the phone number on the account, and anyone who uses an order link you share. Tell us promptly at hello@eseguey.nyc if you believe the account is being used without permission.

Orders and cutoff

You choose a delivery weekday and a default quantity. Before the cutoff you can change the quantity for an upcoming delivery. The cutoff is 9:00 a.m. Eastern Time on the morning of delivery unless we set a different time and tell you. At the cutoff the order is finalized: the quantity, menu, and price for that delivery are fixed, and individual choices close.

If the quantity is still unconfirmed at the cutoff, we use the default quantity on the account. You are responsible for the quantity that is finalized, including burritos ordered for people who did not make a selection.

Prices and payment

Each delivery is the finalized burrito count multiplied by the per-burrito price, plus the flat delivery fee, plus New York City sales tax (currently 8.875%) on that amount. The burrito price and delivery fee are shown before you save a card. Sales tax is a separate line on the invoice. We may change prices for future deliveries. A delivery keeps the prices it was created with.

Saving a card authorizes Guey, Corp. to charge that card, through our payment processor, for each finalized Ese Guey delivery until you pause or cancel. We charge after the order is finalized. We store the card brand and last four digits. The full card number is handled by the processor, not stored by us.

If a charge fails, we email the address on the account. You can replace the card from your dashboard, and the amount for that delivery remains due. Amounts are in U.S. dollars.

Pause and cancellation

You may pause or cancel from the dashboard. Pause and cancellation stop deliveries that have not yet been finalized, and those deliveries are not charged. A delivery that has already been finalized remains payable. Pausing keeps the account so you can resume. Canceling ends the subscription.

Delivery

We deliver to the office address and instructions on the account. Reception, building access, and a person available to receive the order are your responsibility. Delivery times are estimates. We are not liable for delays caused by traffic, weather, building access, or other events outside our reasonable control.

If an order is missing, incorrect, or not delivered, email hello@eseguey.nyc the same day and we will make it right with a replacement, a credit, or a refund of the affected amount, at our option. That is the remedy for a problem with a particular delivery.

Food

Menu items can change from week to week, and an item may be unavailable. Burritos are prepared in a kitchen that handles common allergens. We cannot guarantee that an order is free of a particular allergen. Put dietary limits in the delivery instructions and in the choices people make, and do not rely on Ese Guey for a medically restricted diet.

Messages

If you agree during signup, we text the phone number on the account about Ese Guey: sign-in codes, order reminders, quantity confirmations, and delivery updates. Frequency follows your delivery schedule. Message and data rates may apply. Reply STOP to opt out and HELP for help. Opting out stops those texts, including sign-in codes, and may keep us from running the weekly order. We then email sign-in codes instead. We also email the address on the account for receipts and service notices.

Acceptable use

Do not misuse Ese Guey. That includes attempting to access another office’s account or order link, interfering with the service, using it for anything unlawful, or submitting information you do not have the right to provide. We may suspend an account that violates these terms.

Intellectual property

Ese Guey, the site, and the content we create are owned by Guey, Corp. or its licensors. These terms give you a limited right to use the service for your office. They do not transfer any ownership.

Disclaimers

Ese Guey is provided as available. Except for a particular delivery we have agreed to replace, credit, or refund, we disclaim warranties that the law allows us to disclaim, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free service.

Limitation of liability

To the fullest extent the law allows, Guey, Corp. and its directors, employees, and suppliers are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of Ese Guey. Our total liability for a claim relating to the service is limited to the amount you paid us for Ese Guey in the three months before the claim. These limits do not apply where the law does not allow them, including liability for gross negligence or willful misconduct.

Indemnity

You will indemnify Guey, Corp. against claims, damages, and reasonable expenses arising out of your office’s use of Ese Guey, information you submit, or your violation of these terms, except to the extent caused by our own gross negligence or willful misconduct.

Changes

We may update these terms. The date at the top of this page will change when we do. If a change is material, we will give notice by email or through the dashboard before it applies. Continuing to use Ese Guey after the update takes effect means you accept the updated terms. If you do not agree, cancel before the next order is finalized.

Governing law

These terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising out of these terms or Ese Guey, except that either party may bring an individual claim in small claims court. Nothing in these terms limits rights that cannot be waived under the law where you live.

Contact

Guey, Corp.
Email: hello@eseguey.nyc