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.
It’s the ONLY way to run that kind of business. Do you expect Uber to call every single contracting restaurant every single day to make sure they keeping their posted hours today? The ENTIRE Uber business model is based on contractors (whether it’s restaurants or drivers) managing their relationship with Uber themselves. How do you know you weren’t the first person? I’m sure they have a mechanism for drivers to flag a restaurant as not actually open. But again, that’s all the contractors.