TERMS OF SERVICE
Welcome and thank you for your interest in EAT APPLICATION DMCC ("Eat App DMCC"). Eat App facilitates the creation and management of online reservations with restaurants and other hospitality locations (each, a “Location”) through its website, www.eatapp.co (the “Site”), mobile applications, widgets that integrate with Location websites or third parties that provide reservation management or related services, and other websites owned and operated by Eat App (collectively, the "Service"). Certain aspects of the Service are only available to Locations and their authorized representatives (“Registered Users”), and any reference in this terms of service to Registered Users only apply to such users and Locations. Access to the Service by Registered Users is governed by separate agreements between Eat App and each such Location. These Terms apply to visitors to the Site and use of the Services, whether directly or indirectly, by individuals making reservations with Locations (each, a “Guest” or “you” and its derivatives).
PLEASE NOTE THAT SECTION 17 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING OUT OF THESE TERMS OR RELATED TO THE SERVICE, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS SUCH A DISPUTE.
In order to register for the Service and receive information about your use of the Service, you will have to create an account. You represent and warrant that the information you provide to Eat App upon registration and at all other times will be true, accurate, current, and complete, and that you will keep such information accurate and up-to-date at all times.
As a Registered User, you will have login information, including a username and password. You may not share your account information with, or allow access to your account by, any third party. You are responsible for all activity that occurs under your access credentials. If You have any reason to believe that your credentials have been compromised or your account has been accessed by a third party, you will immediately notify Eat App at email@example.com. You are solely responsible for your own losses or losses incurred by Eat App and others (including other users) due to any unauthorized use of your account.
The Service is owned and operated by Eat App. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service ("Eat App Content") are protected by United States and international copyright, trade dress, patent, trademark, and all other relevant intellectual property and proprietary rights and applicable laws. All Eat App Content is the copyrighted property of Eat App or its subsidiaries or affiliated companies and/or licensors. All trademarks, service marks, and trade names are proprietary to Eat App or its affiliates and/or third parties. You will not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or Eat App Content, and nothing herein grants you any right or license under any intellectual property rights of Eat App or any third party beyond the limited rights to access the Service to make or manage reservations with Locations. If you submit User Content via the Service, you grant Eat App a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the User Content is accurate; and that use of your User Content does not violate these Terms and will not cause injury to any person or entity. You will indemnify Eat App for all claims resulting from your User Content. Eat App has the right, but not the obligation, to monitor and edit or remove any User Content in its sole discretion. Eat App takes no responsibility and assumes no liability for any User Content.
The Service is made available strictly for your personal use, and you agree to honor any reservations made through the Service by arriving to the Location at the time specified in your reservation and paying the bill in full. You agree not to make more than one (1) reservation through the Service for any given period of time. Resale or attempted resale of any reservation is prohibited. You will not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do or attempt to:
Eat App may update or modify the Terms at any time without prior notice. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, Eat App will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of (i) Your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to check this page frequently to stay informed of the latest modifications.
The Services may contain links to third-party websites (“Third Party Websites”) and applications (“Third Party Applications” and, collectively with Third Party Websites, “Third Party Content”) including, without limitation, links to Location websites. When you click on a link to Third Party Content, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Content and sites are not under the control of Eat App, and Eat App is not responsible for such content or sites. Eat App provides Third Party Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use all Third Party Content at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites or Third Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Eat App, in its sole discretion and for any reason or no reason, may terminate your access to the Service, discontinue the Service, or terminate any license or permission granted to you hereunder, at any time, with or without notice. Eat App will not be liable to you or any third-party for any such termination. Without limiting the foregoing, Eat App may suspend or terminate your account if you are a "no-show" to three or more reservations within a one (1) year period, as set forth in Section 3. Eat App may terminate your access in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Eat App may have at law or in equity.
If You are dissatisfied with the Service, then please let us know by e-mailing us at support@Eat App.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) these Terms, (iii) any policy or practice of Eat App in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to stop using the Service.
You agree to indemnify and hold harmless Eat App and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other Eat App users who use any User Content you make available via the Service, from all damages, injuries, liabilities, costs, fees and expenses (including legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including Your use or misuse of Third Party Content); (ii) your User Content; (iii) your violation of these Terms; and (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights. Eat App may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any matter subject to indemnification under this Section without prior written consent from Eat App. Eat App will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, EAT APP CONTENT, AND ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY EAT APP), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EAT APP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE SERVICE.
IN NO EVENT WILL EAT APP, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A LOCATION (II) YOUR USE OF THE SERVICE, EAT APP CONTENT, OR THE SITE; OR (III) THE COMPLIANCE OR NON-COMPLIANCE OF A LOCATION IN CONJUNCTION WITH THE SERVICE, WHETHER BASED IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF EAT APP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EAT APP, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE IN THE AGGREGATE FOR ANY DIRECT DAMAGES ARISING OUT OF THE SERVICE OR CLAIMED UNDER THESE TERMS GREATER THAN FIVE HUNDRED DOLLARS ($500).
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT EAT APP' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT EAT APP WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
iii. You have the right to opt out of the provisions of this Section 16 (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt out to the following addresses: via email to firstname.lastname@example.org and via regular mail to Eat Application DMCC, Platinum Tower, 2401, JLT, Dubai, United Arab Emirates within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your account username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.
Eat App may provide you with notices by mail, electronic mail, or postings on the Service or Site. You may provide Eat App with notices by United States Registered Mail sent to Eat Application DMCC, Platinum Tower, 2401, JLT, Dubai, United Arab Emirates. If notice is provided by email, notice will be deemed given twenty-four hours after email is sent, unless Eat App is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
The Services are provided by:
EAT APPLICATION DMCC
Platinum Tower, 2401, JLT
Dubai, United Arab Emirates