EVINRUDE DUE srl, doing business as EatsReady ("we" or " EatsReady " or "Company"), provides a mobile payment and customer rewards platform and related services ("Services" or "EatsReady Services"), and provides and/or enables related mobile applications, software applications, websites, and microsites ("Apps" or " EatsReady Apps"), for use by you ("User") to make payments for goods and/or services and participate in merchant incentive and rewards programs ("Campaigns") at physical and/or online points-of-sale ("POS"), among other available functions. EatsReady provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions ("User Terms" or "Agreement").
By accessing, downloading, copying, and/or using an EatsReady App, including this App, and/or the Services, you agree to these User Terms.
THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EATSREADY, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
- When the following words are used in these Terms, this is what they will mean:
- App: the mobile application created by EatsReady which allows a User to locate a Venue, open and pay an Order and to pick-up the products ordered at the Venue.
- Stripe: a PCI DSS compliant payment gateway to store, process and transmit a User's credit or debit card payment data.
- Device: a User's mobile telephone, smartphone or handheld device.
- Intellectual Property Rights: means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Notification: the email/push sent from EatsReady to a User.
- EatsReady: EVINRUDE DUE srl, with legal residence viale Gian Galeazzo 16, 20136, Milan, Italy doing business as EatsReady.
- Order: the digital medium through which User(s) confirm their use of the App, the Venue communicates to the User(s) the total amount payable by any customers of the Venue in a particular group and through which the User(s) can pay the amount. Order Holder: the person in whose name the Order is opened.
- Terms: the terms and conditions set out in this document.
- User(s): customers who sign up with EatsReady and download and use the App.
- Venue: a restaurant or bar which supports the App.
- Website: the website http://www.eatsready.com
- The words "writing" or "written" in these Terms will include e-mail, unless specified otherwise
- These are the terms and conditions on which EatsReady supplies the App to you
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Delaware.
- Sign up to EatsReady will not be confirmed until EatsReady verifies Users identity through one of the following methods:
- Facebook log-in;
- SMS, a confirmation code will be sent to the phone number provided by the User
- To ensure the required level of payment security, EatsReady currently uses Stripe to collect payments from Users on behalf of VenuesEatsReady reserves the right to change its payment provider at its discretion, provided any such payment provider meets the security compliance level above.
- Upon confirmation of the details in 2.1.1 and 2.1.2 above, Users will be connected to EatsReady to complete the sign up details by providing credit or debit card details. Stripe will verify the credit or debit card details prior to confirming the User. If the credit or debit cards cannot be verified by Stripe, Eatsready reserves the right to refuse the User access to the App.
- Users can import the relevant information in 2.1.1 and 2.1.2 above from social networking accounts on Facebook. Users consent to the use of their personal information, including profile photographs, if they follow this course of action.
USING THE APP
- EatsReady will supply the App to you from the date that the details in clause 2 are confirmed.
- EatsReady will make every effort to ensure the App is operational 24 hours a day, 7 days a week. However, there may be issues or delays due to events outside EatsReady’s control.
- EatsReady may have to suspend the App if it has to deal with technical problems, or to make improvements. EatsReady will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay any outstanding amounts on open Orders (as may be notified to the Users by EatsReady).
- In the unlikely event that there is any defect with the App:
- please contact EatsReady as soon as reasonably possible;
- please give EatsReady a reasonable opportunity to repair or fix any defect;
- EatsReady will use every effort to repair or fix the defect as soon as reasonably practicable.
- You will not have to pay for EatsReady to repair or fix a defect with the App under this clause 3.4
MERCHANT INCENTIVE AND REWARD CAMPAIGNS; CAMPAIGN CREDIT
- When you pay with your EatsReady User Account at a merchant POS, you participate automatically in any promotional campaigns offered by EatsReady merchant partners, and/or third-party partners, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. ("Campaigns"), and earn automatically any merchant-offered rewards, incentives, or discounts ("Merchant Credit") and/or third-party-offered incentives, rewards, or discounts ("3rd Party Credit") associated with your transaction. EatsReady will also automatically redeem any Merchant or 3rd Party Credit previously awarded at the time of purchase at the participating merchant's POS in accordance with the terms of such Campaign. Merchant or 3rd Party Credit applied to the purchase will be deducted from the transaction amount charged by EatsReady as part of the authorized charge to the payment instrument(s) associated with your User Account
- Promotional Campaigns, and Merchant or 3rd Party Credit associated with such Campaigns, are offered by the merchant or funding third party alone (and not by EatsReady) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or 3rd Party Credit, and compliance with such rules. Any complaints concerning any merchant's or third party's failure to award or redeem Merchant or 3rd Party Credit according to any Campaign may be sent to EatsReady at: email@example.com. While EatsReady may, in its discretion, attempt to resolve any complaints concerning a person's failure to award or redeem Merchant or 3rd Party Credit, EatsReady is not responsible for such person's failure to award or redeem Credit for any reason.
- The merchant shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Campaign, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Campaign at any time. EatsReady also reserves the right to terminate a merchant's Campaign at any time.
- Merchant or Third Party Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or Third Party Credit. If a Campaign is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or 3rd Party Credit will expire immediately.
- Redemption or application of Merchant or 3rd Party Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant's compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or 3rd Party Credit to delivery, processing or handling fees, or taxes or gratuities.
PROMOTIONS AND CREDITS
- EatsReady may, in its sole discretion, create promotional codes that may be redeemed for account credit or other features or benefits related to our Services or services provided by Restaurants or other third parties, subject to terms that EatsReady establishes, including without limitation, on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (1) must be used for the intended audience and purpose, and in a lawful manner; (2) may not be duplicated, sold or transferred in any manner, including, without limitation, between accounts, or made available to the general public, unless expressly permitted by EatsReady;(3) may be disabled by EatsReady at any time for any reason without liability to EatsReady; (4) may only be used pursuant to the specific terms that EatsReady establishes for such Promo Code(s); (5) are not valid for cash; and (6) may expire prior to your use. We reserve the right to suspend your Account withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
- When you enter the Venue you acknowledge that any purchases you make are the subject of a contract between you and the Venue. All queries or orders should be directed to staff at the Venue.
- Users are required to open a new Order at every Venue:
- Each Order is in the name of a single Order Holder;
- Additional Users may be invited by the Order Holder to join the Order.
- It is the Order Holder's responsibility to ensure that the Order is accurate and reflects the goods purchased from the Venue. EatsReady is not responsible for ensuring the accuracy of the Order. Any queries or issues with the total of the Order should be directed to the Venue. EatsReady's obligation is only to facilitate the payment of the amount shown on the Order.
- All Users can use the App to apportion amounts of payments, but it is the responsibility of the Order Holder to ensure that the full amount is settled. A Venue will not close a Order until it has been settled in full.
- The Order Holder is responsible for ensuring that the full amount of the Order is paid, regardless of whether there are items that were ordered by people not using the App. If there is any amount outstanding on the Order, the Order Holder will have that amount automatically deducted from his/her credit or debit cards, plus a $1.5 surcharge, including any VAT and/or additional charges incurred by the Venue. is not liable to cover any outstanding amounts on a Order.
- EatsReady will not process a refund unless it is verified by the relevant Venue. The following actions must be taken by the User immediately following payment of an incorrect amount (Incorrect Payment):
- The User must inform the Venue that they have made an Incorrect Payment;
- The User must ensure that the Venue verifies the Incorrect Payment by immediately recording the Incorrect Payment with EatsReady, as part of its reporting obligations under Venue's Terms and Conditions with EatsReady;
- Within 48 Hours of the Notification, the User must complete and submit a refund form through the Website (Refund Request).
- A Refund Request received outside the 48 hour period will not be accepted unless there are exceptional circumstances. EatsReady reserves the right to refuse any Refund Request that is not verified by the relevant Venue.
- Once a Refund Request is approved, EatsReady will contact the User and refund to their credit or debit cards.
INTELLECTUAL PROPERTY RIGHTS
- You may download or stream a copy of the App onto your Device, to view, use and display the App on the Device for your personal purposes only.
- You acknowledge that all Intellectual Property Rights in the App anywhere in the world belong to EatsReady or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- You may be offered the option to link one or more social networking profiles to your profile or Eatsready. Where you link a profile, you authorize us to post updates on your activities on Eatsready to your linked social networking profile.
OTHER IMPORTANT TERMS
- EatsReady may transfer its rights and obligations under these Terms to another organization, and will always notify you in writing if this happens, but this will not affect your rights or its obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
- This contract is between you and Us. No other person shall have any rights to enforce any of its terms under the Contracts.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If EatsReady fails to insist that you perform any of your obligations under these Terms, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If EatsReady does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.