I wouldn’t hang it on Uber that the deli didn’t update their Uber “store”. The whole thing is store driven, the stores tell Uber their hours, and if things fluctuate for holidays or whatever they’re supposed to set that. Uber’s not calling all the 10s of thousands of restaurants on their service every day to make sure nothing random has happened causing them to be closed when Uber thinks they’re open.
As for terms of service, well if you’re in tech you know exactly how much those things mean.
Is that a good way to run your app? Rely on the user to tell you If he’s there or not? Could I have been the only person who ordered today and got no response? Shouldn’t the UX have provided for some flag after the first person got hosed? Unfortunately courts have upheld arbitration clauses in TOS, but I’m sure once something extra egregious happens they’ll dissolve.