Welcome to The Malt Shop. These Terms of Service ("Terms") govern your access to and use of maltshop.shop (the "Site"), the takeout ordering system available on the Site, and any related services. By using the Site or placing an order through it, you agree to these Terms. If you do not agree, please do not use the Site.
These Terms do not cover your in-person experience at our restaurant, except where they explicitly say so. They do not modify any statutory rights you have as a consumer under Utah law.
1. About us
The Malt Shop is a family-owned restaurant located at 150 N Main St, Ephraim, UT 84627. We have been operating since 1950. In these Terms, "we," "us," and "our" refer to The Malt Shop; "you" refers to the individual using the Site.
2. Eligibility
You must be at least 18 years old to place a takeout order through the Site. If you are between 13 and 18, you may use the Site with the involvement of a parent or guardian who agrees to these Terms on your behalf. The Site is not intended for children under 13; see our Privacy Policy for details.
3. Menu information and pricing
We make every effort to keep the menu on the Site accurate, including item names, descriptions, and prices. However:
- Prices shown on the Site are in U.S. dollars and do not include sales tax. Utah sales tax (currently 6.85% for Sanpete County, subject to change) is added at the time of payment.
- Menu items are subject to availability. If an item you have ordered is unavailable, we will contact you by phone to arrange a substitution, refund (if paid), or removal from the order.
- We reserve the right to change prices, menu items, hours, and availability at any time. Changes do not affect orders that have already been confirmed.
- Photographs of menu items are for illustration only. Actual items may differ in appearance.
4. Placing a takeout order
Our online takeout ordering system allows you to select items, choose a pickup time, and submit your order with your name and phone number. When you place an order through the Site:
- You are making a request to reserve the items you have selected for pickup at a specific time.
- The order is confirmed when you receive a confirmation page displaying your order number. If you do not see a confirmation page, the order has not been placed.
- You agree to pick up the order at the time you selected. Pickup times are subject to kitchen capacity; we may contact you to adjust the time if necessary.
- You agree to pay for the order at the counter at the time of pickup, by cash or card. We do not accept payment online.
Pickup rules
- Pickup times must be at least thirty (30) minutes from the time you place the order, during our regular service hours.
- Pickup times can be scheduled up to two (2) days in advance.
- We are closed on Sundays. Orders cannot be scheduled for Sunday pickup.
- If you do not pick up your order within a reasonable time after your scheduled pickup time, we may (at our discretion) hold the order for up to thirty (30) minutes past the scheduled time. After that, we reserve the right to dispose of the food and close the order as a no-show.
5. Cancellation and changes
To cancel or change your takeout order, call us at (435) 283-4101 as soon as possible. We can usually accommodate changes made at least thirty (30) minutes before the scheduled pickup time. Once the kitchen has begun preparing your order, changes may not be possible. See our Refund Policy for what happens if something goes wrong.
6. No delivery
The Malt Shop is a takeout and dine-in only establishment. We do not offer delivery and are not affiliated with any third-party delivery service. If you see our menu on a delivery platform, it is not authorized by us, and we are not responsible for any order placed through that platform. Please see our Takeout Policy for details.
7. Allergens and dietary restrictions
Our menu includes items that contain common allergens, including wheat, dairy, eggs, soy, and nuts. Our kitchen is not allergen-free, and cross-contact is possible. You are responsible for informing us of any allergy or dietary restriction when you place your order. If you have a severe allergy, please read our gluten-free guide and call us directly to discuss.
We do not guarantee that any item is free from a specific allergen unless we have expressly told you so in writing. By ordering, you acknowledge this and accept the risk.
8. Conduct on the Site
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms;
- Submit false, misleading, or fraudulent information through any form on the Site;
- Attempt to gain unauthorized access to the Site, its server, or any data stored on it;
- Interfere with the Site's normal operation, including by automated scraping, flooding, or denial-of-service attempts;
- Use the Site to send spam, unsolicited advertising, or malicious code;
- Impersonate another person or entity when placing an order or sending a message.
We reserve the right to refuse service, cancel orders, or block access to the Site for anyone we believe has violated these Terms or engaged in abusive behavior toward our staff.
9. Intellectual property
The content on this Site โ including text, layout, graphics, and photographs โ is owned by The Malt Shop or used with permission, and is protected by U.S. copyright and other intellectual property laws. You may view and use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, or create derivative works from the Site's content without our prior written permission, except for brief quotations in reviews or news articles that link back to the Site.
The Malt Shop name and logo are our trademarks. You may not use them in a way that suggests endorsement or affiliation without our permission.
10. Third-party content
The Site may link to or embed content from third parties, including Google Fonts, Font Awesome, and Google Maps. We do not control these third-party services and are not responsible for their content or practices. Your use of third-party services is governed by their own terms and privacy policies.
11. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Nothing on the Site constitutes medical, legal, or nutritional advice. Nutritional and dietary information, where provided, is approximate and for general guidance only.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MALT SHOP AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR DAMAGES RESULTING FROM DELAYS OR UNAVAILABILITY OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE ORDER THAT GAVE RISE TO THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the above limitations apply only to the extent permitted by law.
13. Indemnification
You agree to indemnify and hold harmless The Malt Shop and its owners, employees, and agents from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site, or your violation of any law or third-party right.
14. Governing law and disputes
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. Any dispute arising from or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Sanpete County, Utah, and you consent to the personal jurisdiction of those courts.
Before filing any formal legal action, you agree to contact us at [email protected] and give us thirty (30) days to attempt to resolve the dispute informally.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the "Effective" date at the top of this page. Material changes will be announced on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
16. Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with our Privacy Policy, Refund Policy, and Takeout Policy, constitute the entire agreement between you and The Malt Shop regarding the Site.
17. Contact
Questions about these Terms? Reach us at:
The Malt Shop
150 N Main St, Ephraim, UT 84627
(435) 283-4101
[email protected]