TERMS AND CONDITIONS
Olivia is providing as a service of Allyoucanreserve Ltd. For the purposes hereof, Olivia and Allyoucanreserve Ltd are collectively referred to as the “Company” or “Olivia”.
Olivia provides an online web application (“Application”) for restaurant owners who are using the Application and/or paid a fee to the Company (each, a “Restaurant”) to manage reservations, table inventory, and guest contact information from a web-enabled device and to provide Restaurant consumers (each, a “Guest”) with a fast, friendly way to search and reserve tables from a web-enabled device. Olivia does not sell any products and is not a party to any transaction or any agreement a Guest may make with a Restaurant with regard to any food, product or service offered by such Restaurant.
To access any functions of the Application, the Restaurant must register a unique Account for all Users. As part of the registration process, the User will select a password and provide a valid email address as a user ID. The User may not (i) select or use a user ID of another User with the intent to impersonate that User; (ii) use a user ID in which another User has rights without such User’s authorisation; or (iii) use a user ID that the Company, in its sole discretion, deems offensive. Failure to provide any requested information may delay or prevent the creation of an Account. The User represent that: (a) his/her use of the Application do not violate any applicable law or regulation; (b) he/she are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of the User’s Account. The User shall be responsible for maintaining the confidentiality of his/her password.
The User shall notify the Company of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of his/her password or other information.
The User is responsible for maintaining the security of his/her password. The Company is not liable for any loss that you may suffer through the use of the User’s password by others. The User agrees to notify the Company immediately of any unauthorised use of his/her Account or of any other breach of security known to him/her with respect to Olivia or his/her Account.
The Company does not warrant that products or descriptions, or any other content displayed on the Application is accurate, complete, reliable, current or error-free. Initial setup content provided by Olivia is for informational purposes only and the Company shall have no liability for any inaccuracies, omissions or errors. The Company is not responsible or liable for any food, products, services, information or other materials displayed, purchased, or obtained by a Guest from the Restaurant via the Application. The Company does not endorse, warrant or guarantee the food, products or services of any Restaurant, including, without limitation, any prices, promotions, programs, policies, services, or other information posted by any User.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts of any User. The Restaurant assumes the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the food, products or services provided by each User.
Olivia assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, a Restaurant’s knowledge (or lack thereof) of any Guest’s food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest’s or any employee’s behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Olivia may send email or SMS confirmations on behalf of the Restaurant to confirm or follow up on reservations or to request a review or follow up feedback. Olivia has the right to append at the bottom of any such email confirmations, and you consent to the placement of, a small branded advertising logo (hyper-linked) promoting Olivia or a Olivia partner business or website, this logo to be no larger than 800 pixels by 160 pixels.
Use of an Account does not grant a User or the Restaurant a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account; remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User’s business or personal purposes only, as the case may be, and a User shall not use the Account or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a User’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
Payment for Restaurant Accounts; Modifications to the Service and Prices
Olivia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice.
Payment for Accounts must be made in advance by direct debit, credit or debit card at the time of subscription of the Account. Any other payment arrangements must be agreed in advance between the Restaurant and an authorised Company representative. All fees paid to the Company for use of an Account are non-refundable.
The Restaurant may be charged a fee for setup, custom development, SMS messages and the monthly/annual fee in advance on first subscription and thereafter at a regularly recurring monthly/annual billing cycle. All fees are subject to change without notice. The Restaurant is responsible for reviewing the Pricing Schedule and remaining aware of the fees charged by the Company. Unless a cancellation notice is received by the Company in writing, or through the account management options on the Sites prior to the start of the next billing cycle of the Account, an Account will automatically renew for the next month/annum. By agreeing to these Terms of Service, the Restaurant authorises the Company to charge the monthly renewal amount by credit card or electronic funds transfer for the Account on the relevant anniversary date in advance of each monthly/annual billing cycle, or the next business day available.
In the event that a recurring credit charge or direct debit facility is cancelled by the Restaurant or authorised person or a payment request is declined for whatever reason, the Company reserves the right to immediately disable an Account until the recurring charge facility is re-enabled.
Olivia, in its sole discretion, has the right to suspend or terminate any User’s Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms of Service. In violation of these Terms of Service, such a termination of a User’s Account will result in the forfeiture and relinquishment of all content in said Account.
The Restaurant may cancel their Accounts at any time by using the account management options or by submitting a request in writing to firstname.lastname@example.org. Thirty (30) days notice is required when cancelling. Accounts will be charged a full month if not notified in time.
Olivia may delete any of the Accounts archived data within thirty (30) days after the date of termination.
The Restaurant and all it’s Users and Guests agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by it’s Guest or any third party due to or arising out of a Restaurant’s use of the Application, violation of this Agreement, or the infringement of any intellectual property or other right of any person or entity. Even though prohibited, the User may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INJURIES, DEATH, LOSS OR DAMAGE CAUSED BY THE USE OF THE APPLICATION, INCLUDING ANY SOFTWARE, MATERIALS, CONTENT, FOOD, PRODUCTS AND/OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH OUR APPLICATION. IT IS THE RESTAURANT’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLCATION AND THE RESOURCES, MATERIALS, CONTENT AND SOFTWARE PROVIDED THEREIN. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE RESTAURANT AND IT’S GUEST’S SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION.
Disclaimer of Warranties
THE RESTAURANT ACKNOWLEDGES AND AGREES THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE APPLICATION. NONE OF THE COMPANY PARTIES WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THE APPLICATION OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE RESTAURANT EXPRESSLY AGREES THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATON AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE RESTAURANT UNDERSTAND AND AGREES THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Restaurant and its Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of the Restaurants’ transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Restaurant’ Accounts; or (vi) any other matter relating to the Accounts. In the event that notwithstanding the foregoing, the Company is found liable to a Restaurant or its Users for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the Restaurant or its Users will be limited to the amount that the Restaurant paid for its Account.
The User agrees that their use of the Accounts is at their sole risk. The service is provided on an “as is” and “as available” basis.
The User must not modify, adapt or hack the Accounts or modify another website so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.
The Company may, but have no obligation to, remove content, and Accounts containing content, that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.
The User understands that the technical processing and transmission of the Accounts, including their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
The User must not transmit any worms or viruses or any code of a destructive nature.
The Company does not warrant that (i) the Accounts will meet the User’s specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any food, products, services, information, or other material purchased or obtained by the Users through the Site will meet their expectations, and (v) any errors in the Accounts will be corrected.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Restaurant, its Users and the Company and govern the use of the Accounts, superseding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Unless otherwise provided, the Terms of Service shall be governed by the laws of England.
Claims, disputes or other matters in question between the parties to the Terms of Service arising out of or relating to the Terms of Service or the breach thereof shall be subject to and decided by binding arbitration or mediation in accordance with the rules of the English legal system unless the parties mutually agree otherwise. No arbitration/mediation arising out of or relating to the Terms of Service shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Terms of Service, except by written consent of the Restaurant, the Company and any other person or entity sought to be joined. Consent to an arbitration/mediation involving an additional person or entity shall not constitute consent to arbitration/mediation of any claim, dispute or other matter in question not described in the written consent. The agreement to arbitrate/mediate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator/mediator or arbitrators/mediators shall be binding and final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that in the event any such dispute proceeds to arbitration/mediation, the prevailing party will be entitled to recover, as part of the arbitration/mediation award, its reasonable legal fees and costs incurred in the arbitration/mediation, at the discretion of the arbitrator/mediator. Said arbitration/mediation shall be held in London, England unless all parties agree to a different location in writing.
If any term of the Terms of Service is deemed unenforceable or invalid by a tribunal with valid jurisdiction then the finding of unenforceability or invalidity of that part shall not affect the remaining portions of the Terms of Service, which shall remain in fall force and effect.
The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Restaurant and its Users and the successors and assignees of the Company; provided, however, no assignment by the Restaurant of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.
Questions about the Terms of Service should be sent to email@example.com