Last Updated: March 24, 2022
AGREEMENT TO TERMS
Welcome to RestroZap!
RestroZap is a website, Service, and mobile application created and maintained by JNET Technologies, Inc.
To make RestroZap's Terms of Service (the "Terms") easier to read, we will sometimes refer to RestroZap (including our directors, officers, members, managers, employees, service providers, affiliates, successors, and assigns) as "our," "we," or "us." In addition, we will refer to the user(s) of the Service (including you) as either "You" or "User(s)." These Terms will start to apply when you access or use the RestroZap website located at https://www.restrozap.com/ (the "Site," a component of the Service), access or use the RestroZap mobile application (App) (the "App," a component of the Service), access or use the RestroZap Application Programming Interface (API) (the "API," a component of the Service), or in any way use or access any other component(s) or feature(s) of the Service, if any and when available. Certain portions of these Terms may apply differently depending on how you use the Service. Throughout the Terms mentioned, we will clarify those portions that apply to the Users who are using the Service on behalf of a restaurant ("Restaurant") and those portions that apply to Users who are placing an order from a restaurant that is processed through the Service ("Restaurant Customer").
In addition to the Website, RestroZap provides Subscribers access to our proprietary platform (the "Platform"), subject to the terms and conditions of that particular Platform Subscription Agreement between each Subscriber and RestroZap.
PLEASE READ THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER, " WHICH CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.
RestroZap Community Guidelines
RestroZap's community, like any community, functions best when its people follow a few simple rules. Therefore, by accessing and/or using the Website, You, as a result of this, agree to comply with these community rules and that:
- You will comply with all the applicable laws in Your use of the Website and not use the Website for any unlawful purposes;
- You will not access or use the Website in collecting any market research for any of the competing businesses;
- You will not upload or post or e-mail or transmit, or otherwise make available any content that infringes any copyright, trademark, or other proprietary rights of any person or an entity;
- You will not do anything that threatens or is tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy or promotes violence; or discloses any personal information about another person, including that person's name, e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or an entity;
- You will not "stalk," threaten, or otherwise harass another person;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or anything similar in downloading or scraping data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Website; and
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we'll review it. In our sole and absolute discretion, we reserve the right to deny You (or any device) Website's access, or any portion of thereof, without notice.
Personal Information – Usage
The Website may contain materials, such as software, text, graphics, images, sound recordings, audio/visual works, and other materials provided by or on behalf of RestroZap (collectively referred as the "Content"). The Content may be owned by Us or by any third parties. The Content is protected under both the United States and the foreign laws. The unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment is expressly prohibited.
Suppose you violate any part of this Agreement. In that case, your permission to access and/or use the Content and the Website automatically terminated, and you must immediately destroy any copies you have made of such Content.
The trademarks, service marks, and logos of RestroZap ("RestroZap Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of RestroZap. Other company, products, and service names located on the Website may be trademarks or Service marks owned by others (the "Third-Party Trademarks" and, collectively with RestroZap Trademarks, the "Trademarks"). Nothing on the Website should be construed as a granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of RestroZap Trademarks shall inure to our benefit.
Elements of the Website are protected by the trade dress, trademark, unfair competition, and other state and federal laws. They may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each instance.
Subject to these Terms, we shall grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal access and use. Unless explicitly stated otherwise, any new features we might provide that add to or enhance the current Services shall also constitute the "Service" and be subject to these Terms. We reserve the right to refuse Service to anyone for any reason. In our sole discretion, we may terminate Your right to use the Service with or without cause at any time and may prevent Your future use of the Service. You may also terminate this Agreement by simply discontinuing the use of the Service. Your obligation to pay accrued fees shall survive any termination of this Agreement. In the case of any termination of this Agreement, your account may be suspended and/or deleted. The limitations on Your use of the Service shall survive such termination, and You agree to be bound by these terms. In addition to terminating or suspending your account, we also reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
We reserve the right, but not the obligation, to:
- Monitor the Service for violations of these Terms.
- Undertake appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms, including reporting such user to law enforcement authorities.
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account or any portion thereof.
- In our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems.
- Otherwise, manage the Service in a manner designed to protect our rights and property and facilitate the Service's proper functioning.
MOBILE APPLICATION LICENSE
- 01 Either decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- 02 Make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App;
- 03 Violate any of the applicable laws, rules, or regulations in connection with Your access or use of the App;
- 04 Remove, alter, or obscure any proprietary notice (including any notice of the copyright or the trademark) posted by either us or the licensors of the App;
- 05 Use the App for any of the revenue generating endeavours, commercial enterprises, or other purposes for which it is not designed or intended;
- 06 Make the App available over a network or any other environment permitting access or use by multiple devices or Users at the same time; (7) Use the App for creating a product, Service, or software that is, directly or indirectly, in competition with or in any way a substitute for the App;
- 07 Use the App to send automated queries to any website or to send any unsolicited commercial email; or
- 08 Use any Content, proprietary information, or any interfaces or other intellectual properties in the designing, developing, manufacturing, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices – Terms
The following terms may apply when you use the App obtained from either the Apple Store or Google Play Store (each an "Apps Distributor") to access the Service:
- 01 The license granted to You for Our App is limited to a non-transferable license for You to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and following the usage rules mentioned in the applicable App Distributor's terms of Service;
- 03 In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, following its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the App;
- 04 You represent and warrant that
- 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
- You are not listed on any U.S. government list of prohibited or restricted parties;
- 05 You must comply with applicable third¬ party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the App; and
RESTAURANTS MUST COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH USING THE SERVICE
On a country-by-country basis, text messaging, emailing, and phone calls are heavily regulated. For example, in the United States, the Federal and State laws and regulations govern the text messaging ,emailing, and phone calls for any commercial purposes. The United State's laws and regulations applicable to the text messaging, emailing, and phone calls, such as the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act, may apply to Your activities which includes those related to the confirmation and/or processing of orders through the Service. You must obtain a consent from all Restaurant Customers with which you interact or in regards to the Service before contacting any such Restaurant Customers via phone call, email, or text message, whether to confirm orders or otherwise. EACH RESTAURANT IS RESPONSIBLE FOR ENSURING THAT IT COMPLIES WITH ANY AND ALL LAWS AND REGULATIONS (REGARDLESS OF COUNTRY) TO WHICH IT AND ITS USE OF THE SERVICE IS SUBJECT. IF YOU ARE A RESTAURANT HAVING ANY QUESTIONS OR CONCERNS ABOUT LAW OR REGULATION, PLEASE CONTACT A QUALIFIED ATTORNEY.
RestroZap will not tolerate the use of the Service by any Restaurant (or individual acting on behalf of a Restaurant) to send any messages, emails, or place phone calls that constitutes SPAM (as defined below) to any other Restaurant, or the Restaurant Customer, individual, or other entity. Notwithstanding anything else in these Terms, all Restaurants agree to not send Spam in connection with using the Service or any information or data obtained through the Service, including Restaurant Customer order information. Any Restaurant (or an individual acting on behalf of a Restaurant) which sends Spam may be suspended and terminated, and RestroZap may participate in the prosecution of those who send such Spam. For the avoidance of any doubt, we consider "Spam" to mean any text message, email, or phone call that:
It is for the principal purpose of promoting the sale of goods or services, including a website's content operated on a commercial basis.
It is for the principal purpose of promoting a political purpose or objective.
It contains any advertising material for lease, sale, rental, gift offer, or any other disposition of any realty, goods, services, or other items (tangible or intangible) for any commercial purpose.
Spam does not include text messages, emails, or phone calls sent to an individual or an entity to whom the Restaurant has a pre-existing relationship with and who consented to receive phone calls and/or text messages, and/or emails in connection with the business transactions related to such pre-existing relationship; and which are sent only about and to the extent necessary or consented to by such an individual or an entity in connection, facilitating any such business transactions. For example, a Restaurant may either call or text or email a Restaurant Customer to confirm the Restaurant Customer's order or update the Restaurant Customer regarding order status. However, a Restaurant may not use a Restaurant Customer's phone number or other contact information to conduct marketing or send any other communications that are not related to the Restaurant Customer's order.
CALCULATION AND PAYMENT OF FEES
Restaurants will be required to pay fees based on the pricing models (excluding add-ons that are not part of your subscription plans, for which you will be charged an extra fee if you opt for any) offered by RestroZap, which are mentioned under the Pricing section of the site. You will receive email receipts corresponding to each order and credit card charges processed through the Service connected with your Restaurant account. The Fees will be set by RestroZap, at its sole discretion and will be presented on our pricing page located at https://www.restrozap.com/pricing, which may be amended from time to time. For example, suppose we change the structure or amount of Fees to be charged for the Service. In that case, we will make reasonable efforts to notify the existing Restaurants of any changes that affect the existing Restaurants. You agree to pay all the applicable fees set forth on the pricing page linked above, and once you subscribe, the fees for your further subscriptions will be auto-debited, set forth by these Terms. You, hereby acknowledge and agree that if You fail to pay the fee when due, your orders either may not be processed or may be delayed, and/or you may be denied access to the Service. The Restaurant Customers are not required to pay any fee to RestroZap for the use of the Service to place online orders with the Restaurants. However, Restaurant Customers should review the payment processing practices section below, for more information on how the payment processing works when they place an online order with a Restaurant using the Service.
PAYMENT PROCESSING PRACTICES - FOR THE RESTAURANTS
We use the third-party intermediaries to manage credit card processing. These intermediaries may store, retain, or use the credit card and other billing information to process orders connected with the Service. RestroZap will make all the reasonable efforts to maintain the confidentiality of any credit cards and the payment information in our possession and/or processed through the Service. However, all the Users, including all Restaurants, are solely responsible for properly handling, securing, and destroying all the credit card and payment information submitted, processed, accessed, or otherwise used in connection with the Service. We cannot guard against or prevent all possible breaches of our systems by third parties who may attempt to access the Service through unauthorized and/or illegal methods. RestroZap shall not be liable to any User, including any Restaurant, or any third-party for any losses, damages, misuse, or unauthorized access of any information in or related to any User’s account, including the credit card information and personal information of any Restaurants or Restaurant Customers, even if RestroZap has been advised of the possibility of such liability.
Communication to RestroZap – Terms
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. Concerning all emails you send to us, including but not limited to the feedback, questions, comments, suggestions, and anything similar, we shall be free to use any ideas, concepts, know-how, or techniques contained in Your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of the products and services that incorporate such information.
No Warranties/Liability Limitations
THE WEBSITE AND OUR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND RESTROZAP DOES NOT MAKE ANY WARRANTIES CONCERNING THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. RESTROZAP DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF THE TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS:
- WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, AND
- ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, OR, THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
Link to External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the Content on such External Sites. The Content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the Content of any linked External Sites and do not make any representations regarding the Content or accuracy of materials on such External Sites. It would be best if you took precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold the RestroZap, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “RestroZap Parties”) harmless from and against any claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from:
- Your breach of this Agreement.
- Your use of the Website and/or any of the Content that violates this Agreement.
- Your violation of any third-party right, including any intellectual property or privacy right, without limitation.
Complying with the Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
In our sole discretion, we reserve the right to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Website at any time and for any reason without prior notice or liability. In addition, we reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT
RestroZap respects the intellectual property rights of others and attempts to comply with all relevant laws. Accordingly, we will review all claims of copyright infringement received and remove any Content or customer submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement that may be given under that Act is as follows:
1640 Highland Falls DR, STE 302,
Leander, Texas 78641
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please contact our agent at firstname.lastname@example.org with notice following the requirements of the Act, including:
A description of the copyrighted work that has been infringed and the specific location on the Website where such work is located.
A description of the location of the original or an authorized copy of the copyrighted work.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
You made a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
In the event of a dispute arising under or relating to this Agreement or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by the binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator is selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by Judicial Arbitration and Mediation Services (JAMS) pursuant to its then-current Comprehensive Arbitration Rules and Procedures and following the Expedited Procedures in those rules or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS' website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees following JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall occur in the United States county where you reside. The parties may litigate in court to compel arbitration, stay a proceeding pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the dispute immediately after the commencement of the arbitration. Nothing in this Agreement will prevent RestroZap from seeking injunctive relief in any court of competent jurisdiction as necessary to protect RestroZap’s proprietary interests.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law,
- 01 No arbitration or proceeding shall be joined with any other;
- 02 There is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and
- 03 There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms and your use of the Service are governed by and construed following the State of North Carolina laws applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.
CALIFORNIA USERS AND RESIDENTS
Suppose any complaint with us is not satisfactorily resolved. In that case, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at +1(800) 952-5210 or +1(916) 445-1254.
If this Agreement is terminated following the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to RestroZap,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.” You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed following the State of New York laws, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by RestroZap to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement contains the entire Agreement of the parties concerning its subject matter. It supersedes all existing agreements and other oral, written, or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub licensee’.
In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, do not hesitate to contact us at:
By Email: email@example.com
By reaching us on the website: https://www.restrozap.com/contactus