Last modified February 15, 2017
1. BINDING CONTRACTUAL TERMS
The Rezku website, Rezku Diner App and Waitlist App are intended for use by restaurant patrons (each, a “patron user”) in order to make and manage restaurant reservations, submit reviews, sign up for a seating wait list, and other similar purposes. The Guest Innovations website, Rezku Prime website, Waitku website, Rezku POS website, Rezku Prime software, Rezku Tablet App, Waitku App, Rezku POS app and all of their respective associated support apps are intended for use by restaurants and their employees (each, a “restaurant user”) to manage front-of-house restaurant operations and/ or point of sale operations.
3. LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Guest Innovations. Guest Innovations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Guest Innovations will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE GUEST INNOVATIONS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE GUEST INNOVATIONS PARTIES”), APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with Guest Innovations in writing, You may link to the Websites from Your website, subject to the following: (1) You may not frame the Websites or any portion of the Websites; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Guest Innovations, Rezku, Rezku POS, Rezku Tablet, Rezku Prime or Waitku name and not any Guest Innovations, Rezku, Rezku or Waitku logo; (4) You may not use any Guest Innovations, Rezku, POS, Rezku Tablet, Rezku Prime or Waitku logos in any way; (5) You may not use the link in any way that suggests that Guest Innovations is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Guest Innovations or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Websites at any time for any reason or no reason.
4. USER SUBMISSIONS
The Service may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post photos and reviews. You understand that whether or not such User Submissions are published or posted, Guest Innovations (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Guest Innovations is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
6. NO SHOW POLICY
Guest Innovations tracks how often You make a reservation through the Rezku website or Rezku App and fail to show up for or cancel the reservation (a “No-Show”). You may continue to attempt to make reservations through the Rezku website or Rezku App after a No-Show, but Guest Innovations may share the following information with restaurants at which You attempt to make reservations: (1) the number of reservations You have made through the Rezku website and Rezku App, and (2) the number of No-Shows You have committed. Guest Innovations will then allow the restaurant to determine if You will be allowed to make a reservation.
7. RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You will not:
- use the Service for any purpose other than for using the features we intentionally make available to You;
- copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Guest Innovations;
- alter, modify or make derivative works from any part of the Service without the prior written authorization of Guest Innovations;
- resell or attempt to resell reservations. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of Your reservations or termination of Your access to the Service;
- provide false personal information or create an account for anyone other than Yourself without permission;
- create another account without our permission, if we have disabled Your account;
- share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses, but excluding Your or any other person's credit card information), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or Your affiliation with someone else;
- collect personally-identifiable information of other users;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion functionality to advertise or perform any commercial solicitation.
d) Guest Innovations believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.
8. INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Guest Innovations, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Guest Innovations owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws. GUEST INNOVATIONS, REZKU PRIME, REZKU TABLET REZKU POS, REZKU, MAKING RESTAURANTS MORE, and WAITKU are trademarks of Guest Innovations.
For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Guest Innovations reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Guest Innovations in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Guest Innovations. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
Guest Innovations takes no responsibility for advertisements or any third party material posted on the Service, nor does it take any responsibility for the products or services provided by restaurants, hotels or other service providers with profiles or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Guest Innovations is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Guest Innovations has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- a 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 on the Service are covered by a single notification, a representative list of such works on the Service;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to:
2150 River Plaza Drive, Suite 100
Sacramento, CA 95833
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Guest Innovations without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
11. TRADEMARKS AND CELEBRITY MATERIAL
Guest Innovations responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Service and you don't have the celebrity's permission. If you are a trademark owner or a celebrity and you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 10 above. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where you believe the infringement is occurring.
12. RESERVATION MANAGEMENT SERVICES
The Rezku Prime Software, the Rezku Tablet App and the Waitku App assist restaurant users in managing reservations, waitlists, floors, tables, server rotations and walk-in guests (the “Restaurant Management Services”). The Rezku Tablet App and the Waitku App are available for a free two week trial to verifiable restaurants to restaurants in the United States, Canada and Mexico. After the two week trial you will be required to upgrade to paid software as a service. Once you upgrade you can cancel at any time; however Guest Innovations does not provide any pro-rata credits or refunds. To use the Restaurant Management Services, You will be required to provide the email address and password for the restaurant’s Guest Innovations account, a PIN number, Your restaurant’s name, address, phone number and other information necessary for Guest Innovations to verify that a valid restaurant exists at the location where the Rezku Tablet App or the Waitku App is used. Additionally, You may provide certain information about the restaurant, its patrons and employees in order to optimize the functionality of the Rezku Tablet App and the Waitku App, including names, email addresses, phone numbers, preferences, and special requests of restaurant patrons for waitlist and reservation purposes, restaurant layout and seating configuration, restaurant employee names, titles and contact information, restaurant hours, table turn times and table status. If You provide patron or restaurant employee contact information, such as phone number or email address, the Restaurant Management Services allow You to send SMS message notifications and other notifications to such patron or restaurant employee through the Apps. You acknowledge and agree that You are solely responsible for obtaining consent from patrons and restaurant employees to (i) input their personal information into the Restaurant Management Services, and (ii) contact them via SMS message or other notification. You acknowledge and agree that You are responsible for maintaining a strong and consistent internet connection at the location where the Restaurant Management Services is in use and that You are responsible for acquiring and maintaining hardware sufficient to operate the Restaurant Management Services. Accounts in good standing are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the paid for Restaurant Management Services.
13. RESERVATION SERVICES
The Rezku website and Rezku App assist patron users in securing dining reservations at participating third-party restaurants (the “Reservation Services”). To use the Reservation Services, You will be required to provide Your name, phone number, email address, and password. In response to a user’s request for a restaurant reservation through the Rezku website or Rezku App, Guest Innovations directly contacts the restaurant’s computerized database of reservations. The availability of reservations is determined at the time of Your query. All reservations are subject to the availability of the restaurants for Your specified time, date and party, and are not confirmed until You have received a confirmation email. Once You make a reservation through the Rezku website or Rezku App, Guest Innovations will provide You with confirmation of the reservation by email. By using the Reservation Services, You agree to receive reservation confirmations by email after booking a reservation through the Reservation Services. Some restaurants may require that You provide Your credit card to make a reservation, for example, if the reservation is for a large party or for special events. If the restaurant requires Your credit card for Your reservation, You will be asked to enter Your credit or debit card information during the reservation process or to use the credit or debit card You have previously submitted to Guest Innovations. By using the Rezku website and Rezku App you consent to receive SMS messages from Guest Innovations directly relating to either your reservation(s), you place on the wait list, the payment of your bill, or some aspect of dining at one of our affiliated restaurants.
The Waitlist App also assists patron users in securing seating at participating third-party restaurants. In response to Your request for seating at a physical restaurant location through the Waitlist App, Guest Innovations directly contacts the restaurant’s computerized database of tables and reservations. The availability of seating is determined at the time of Your query. Once You make a seating request through the Waitlist App, Guest Innovations will provide confirmation of the request to You through the Waitlist App. Guest Innovations will then contact You via SMS message or other notification when Your table is ready. By using the Rezku website and Rezku App You consent to receive SMS messages from Guest Innovations directly relating to either adding Your name to the restaurant's waitlist, Your place on the waitlist, notifying You when your table is ready or some other aspect of dining at one of our affiliated restaurants.
14. REZKU POS APP
The Rezku POS App and the Rezku POS website, and any integrated software and any associated software aid restaurants in point of sale operations (the “Restaurant POS Services”). To use the Restaurant POS Services, You will be required to provide Your name, phone number, email address, and password. Each employee should be given a unique user pin. Each pin can be associated with permissions tha allow or disallow that specific user access to certain functions and settings. You are responsible to restrict permissions of each user. Use of Restaurant POS Services requiers that You have an active merchant services account with our merchant services provider and that Your restaruant is located in the United States or Canada. You can only get merchant services using our provider when using Restaurant POS Services. Accounts that do not have an active merchant services account provide via Guest Innovaitons will be terminated without refund. Accounts in good standing are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the paid for Restaurant POS Services. You acknowledge and agree that You are responsible for maintaining a strong and consistent wireless internet connection at the location where the Rezku POS App is in use and that You are responsible for acquiring and maintaining hardware sufficient to operate the Restaurant POS Services and the associated hardware.
You must maintain an internet connection (Connection) to operate the Rezku POS App, process credit and debit card transactions, and generally complete electronic transactions through the Restaurant POS Services. If You temporarily lose Your Connection, the Rezku POS App may contain a feature that allows You to temporarily operate certain elements of the Restaurant POS Service and maintain data relating thereto, such as accepting credit and debit cards and storing transaction and card information, to process transactions once Your Connection is restored (“Offline Mode”). However, Offline mode contains inherent limitations. Offline Mode will not provide You with confirmation that a credit card transaction is authorized, approved, or declined until Your Connection is restored. You must establish a Connection within forty-eight (48) hours of Your Connection loss to (1) process card transactions collected during the loss, and (2) synchronize or execute any other Services that occurred during the loss that require a Connection. Offline may not maintain the Restaurant POS Services, transaction or card information, or operate forty-eight (48) hours after the Connection loss. In addition, while in Offline Mode, You may not have access or use of certain Services that are normally available when You have a Connection. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL LEGAL AND FINANCIAL RESPONSIBILITY FOR ACTIVITY THAT OCCURS DURING OFFLINE MODE, INCLUDING TRANSACTIONS AND CARD PROCESSING. GUEST INNOVATIONS DOES NOT GUARANTEE OR ASSUME ANY LIABILITY FOR YOUR TRANSACTIONS IN CONNECTION WITH OFFLINE MODE THAT MAY BE DENIED AUTHORIZATION, DECLINED, REVERSED, CHARGED BACK, DAMAGED, OR LOST, OR YOUR CONNECTION, SERVICES, OPERATIONS, OR DATA IN CONNECTION WITH OFFLINE MODE THAT ARE INTERRUPTED, DAMAGED, OR LOST, REGARDLESS FOR THE REASON FOR, OR TIME OF, SUCH EVENT.
15. PAYMENT SERVICES
Patron Payment Services. The Rezku App allows patron users to pay their bill at participating restaurants through the Rezku App (the “Patron Payment Services”). To use the Rezku App at a participating restaurant, You must: (1) install the Rezku App on a compatible mobile device; (2) make a reservation for the restaurant through the Service; (3) provide valid payment card information through the Rezku App as further described below; (4) provide and verify Your mobile phone number as further described below; and (5) have a registered account with Guest Innovations. The Patron Payment Services may not be available for all restaurants; for a list of participating restaurants, please visit the Rezku website or Rezku App. There is no additional fee for You to use the Patron Payment Services, but Your mobile carrier’s standard text message and data charges may apply; You are responsible for any fees charged by Your mobile carrier in connection with Your use of the Patron Payment Services and the Rezku App. Merchant gift cards may not be redeemed to pay Your restaurant bill through the Patron Payment Services.
- Payment Authorization and Settlement. After You place an order at a participating restaurant, You may indicate through the Rezku App that You intend to pay Your restaurant bill using the Patron Payment Services. You may review Your bill and select the gratuity from certain options through the Rezku App. When You indicate through the Rezku App that You intend to pay Your restaurant bill using the Patron Payment Services, You authorize the restaurant to charge Your debit or credit card for the full amount of Your final bill. You may only use the Patron Payment Services to pay the full amount of the bill; no split checks or partial payments are permitted. This Agreement does not alter Your payment obligations to restaurants; You are responsible for timely payment of all amounts owed by You to any restaurant. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, GUEST INNOVATIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY PAYMENTS AUTHORIZED THROUGH THE REZKU APP USING YOUR PAYMENT CARD INFORMATION.
- Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with Your registered account upon completion of a transaction using the Patron Payment Services. You may print and save copies of these receipts. If You would like a paper receipt, You must request one from the restaurant at the time of the transaction.
- Certain Limitations. You acknowledge and agree that Guest Innovations provides the Patron Payment Services only as a convenience and is not a party to Your payment transactions performed using the Patron Payment Services. Guest Innovations is an independent contractor for all purposes and is not Your agent or trustee. GUEST INNOVATIONS IS NOT RESPONSIBLE, AND HAS NO LIABILITY FOR, THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE PATRON PAYMENT SERVICES. GUEST INNOVATIONS IS NOT RESPONSIBLE FOR ANY OVERCHARGES OR OTHER PAYMENT DISPUTES WITH RESTAURANTS. You must resolve payment and other disputes directly with restaurants.
- Additional Terms. See Payment Services for All Users below for additional terms that apply.
Restaurant Payment Services. The Rezku Tablet App and the Waitku App allow restaurant users to pay for certain Restaurant Management Services through the Rezku Tablet App or the Waitku App (the “Restaurant Payment Services”). To pay for the Restaurant Management Services through the Rezku Tablet App or the Waitku App, You must: (1) install the Rezku Tablet App or the Waitku App on a compatible mobile device; (2) select the service that You would like to order, including the associated monthly subscription fee; (3) provide valid payment card information as further described below; (4) provide and verify Your mobile phone number as further described below; and (5) have a registered account with Guest Innovations. There is no additional fee for You to use the Restaurant Payment Services, but Your mobile carrier’s standard text message and data charges may apply; You are responsible for any fees charged by Your mobile carrier in connection with Your use of the Restaurant Payment Services, the Rezku Tablet App and the Waitku App.
- Payment Authorization. When You order certain Restaurant Management Services and Restaurant POS Services through the Rezku POS App, the Rezku Tablet App or the Waitku App, You authorize Guest Innovations to automatically charge the associated monthly subscription fee to Your credit card each month through the month in which You change or cancel such service. There are no set up or cancellation fees associated with any services provided through the Rezku POS App, Rezku Tablet App or the Waitku App. You are responsible for all associated taxes with your subscription.
- Service Modifications. If you cancell your subscription you will still be able to use the paid for servies through the subscription time which you have pre-paid for. You will not recieve a pro-rata refund or credit. If you cancel you services we may restrict or block services from you in the future
- Location Restrictions. You acknowledge that monthly subscription charges for Restaurant Management Services and Restaurant POS Services are billed on a per location basis, and that use of the subscription service at more than one location is grounds for suspension of such service without a refund. There is no additional charge for use of any Restaurant Management Services on multiple devices at the same restaurant location.
- Additional Terms. See Payment Services for All Users below for additional terms that apply.
Payment Services for All Users. The following conditions will apply to any transaction using the Patron Payment Services or the Restaurant Payment Services (collectively, the “Payment Services”):
- Verified Mobile Phone Number. In order to use the Patron Payment Services, You must provide a valid mobile phone number through the Websites or the Apps and verify such number as instructed by us. To verify Your mobile phone number, we will send You a code via SMS message or other notification to the mobile phone number You provided, and You must enter that code as instructed in the Website or the App. If You change Your mobile phone number, You must promptly provide and verify Your new mobile phone number. When You provide Your mobile phone number, You expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.
- Certain Limitations. Transactions conducted through the Service are NON-REFUNDABLE. We do not provide pro-rata credits or refunds. All transactions are final. You agree that You will not attempt to circumvent any refund prohibitions with regard to transactions You conduct through the Payment Services. You will not dispute or otherwise seek a “chargeback” from the company whose credit card You used to enter a transaction. Should You do so, Your account may be cancelled, and we may, in our sole discretion, refuse to honor pending and future transactions made from all credit or debit card accounts on which such chargebacks have been made and may prohibit all persons in whose name the credit or debit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Service. Guest Innovations is not liable for any payments that the Payment Services do not complete because: (1) Your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) Your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) that prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from Your debit or credit card account through the Payment Services, You are solely responsible for paying the applicable amount by other means. If You do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if You experience an error message or service interruption while using the Payment Services, it is Your responsibility to confirm whether or not Your transaction has been completed.
You warrant and represent to Guest Innovations as set out below:
- The information provided to Guest Innovations in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Guest Innovations is true in all respects, up-to-date and not misleading in any way.
- You will keep the information referred to in paragraph (a) up to date.
- You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
- You will use the Service lawfully and in good faith.
- You will keep Your log-in details and password secure and will not share such information with third parties.
- You will not use any Restaurant Management Service or Restaurant POS Services with a monthly subscription fee at more than one restaurant location.
For all endorsements or other reviews of restaurants or hotels (“Endorsement”) You submit through the Rezku website or Rezku App:
- You actually dined at the restaurant or hotel described in the Endorsement;
- the Endorsement reflects Your and any other person appearing in the Endorsement’s honest opinions, findings, beliefs and experience about or with the dining experience or food described in the Endorsement;
- You did not create the Endorsement on behalf of Your employer, any organization, or anyone other than Yourself;
- You are not an Expert in regard to the product or service described in the Endorsement (an “Expert” is “an individual, group, or institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire”);
- if You have a material connection to the restaurant or hotel (such as being an employee or receiving any payment or benefit from the restaurant or hotel in connection with creating the Endorsement), You have disclosed such material connection in the Endorsement.
17. DISCLAIMER OF WARRANTIES
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
- UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
- BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU ACKNOWLEDGE THAT THE GUEST INNOVATION PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY RESTAURANTS, HOTELS, OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY RESTAURANTS, HOTELS, OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY RESTAURANT, HOTEL, OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE IN CONNECTION WITH
- YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE;
- YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
- ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY;
- ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR
- ANY ACTIVITY RELATED TO YOUR APPLE ID OR OTHER INTERNET ACCOUNT, OR USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.
19. LIMITATIONS ON LIABILITY
THE GUEST INNOVATIONS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:
- ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE GUEST INNOVATIONS PARTIES’ NEGLIGENCE,
- ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
- UNAUTHORIZED ACCESS TO OR USE OF GUEST INNOVATIONS’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
- USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS;
- ERRORS OR OMISSIONS IN ANY CONTENT; OR
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY RESTAURANTS, HOTELS, OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUEST INNOVATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Guest Innovations from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
21. CLASS ACTION WAVIER
- To confirm that the payment card information You have provided is accurate, we will place a temporary $1.00 authorization hold on Your debit or credit card at the time You provide Your payment card information through the Rezku App. After we verify that Your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. Your payment card will not be charged for this $1.00 authorization. By providing debit or credit card account information through the Rezku App, You represent, warrant, and covenant that: (1) You are legally authorized to provide such information to us; (2) You are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to Your use of such debit or credit card account(s) or applicable law. When You authorize a payment using a debit or credit card account via the Rezku App, You represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which you reside.
Apple required terms:
- Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone, iPod Touch, or iPad that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Warranty: As between Apple and Guest Innovations, Guest Innovations is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Guest Innovations’s sole responsibility.
- Product Claims: Guest Innovations and You acknowledge that Guest Innovations, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: Guest Innovations and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Guest Innovations, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Guest Innovations may be contacted at 844-697-3958 or firstname.lastname@example.org in connection with any questions, complaints or claims with respect to the Service.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
- The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
- GUEST INNOVATIONS is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the GUEST INNOVATIONS Mobile Applications. Support requests, as well as questions, complaints or claims regarding the GUEST INNOVATIONS Mobile Applications, may be directed to GUEST INNOVATIONS support, 2150 RIVER PLAZA DRIVE, SUITE 100, SACRAMENTO, CA 95833. Users may also contact us by email at INFO@GUESTINNOVATIONS.COM.
- To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the GUEST INNOVATIONS Mobile ApplicationS, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Google shall not be responsible for addressing any claims by you or any third party relating to the GUEST INNOVATIONS Mobile Applications or your possession and/or use of the GUEST INNOVATIONS Mobile Applications, including but not limited to (i) product liability claims, (ii) any claim that the GUEST INNOVATIONS Mobile Applications fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
- Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the GUEST INNOVATIONS Mobile Applications or your possession and use thereof infringes a third party’s intellectual property rights.
- You represent and warrant that (i) the Service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
- Removal of GUEST INNOVATIONS Mobile Applications. GUEST INNOVATIONS or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the GUEST INNOVATIONS Mobile Applications, or delete the GUEST INNOVATIONS Mobile Applications from your Supported Device, without entitling you to any refund, credit or other compensation from GUEST INNOVATIONS or any third party (including, but not limited to, Google Inc. or your network connectivity provider).