The phrases and situations connected hereto (the” settlement”) is entered into by way of rizera application , a constrained liability employer registered , and the felony entity as set forth in the order form (the “subscriber”), (every a “birthday party”, collectively the “events”). Together with the phrases and situations connected hereto, this agreement governs the subscribers access to and use of rizera app’s reservation device, on line reservation community and related services (the “platform”). Any phrases used however no longer described herein will have the that means assigned to them inside the order form.
Rizera app presents the subscriber a constrained, non- transferable, non-sublicensable license to get admission to and use the platform to (1) control guest services on the venue(s), and (2) get admission to to rizera app’s on-line reservation networks, activating the subscriber’s venues and permitting on-line customers to create online reservations during the time period of this settlement (the “subscription”). The subscription consists of any modifications to the platform made to be had to the subscriber by using rizera app at no extra fee (an “replace”). Updates are applied routinely to the platform. The subscription extends to any venue employees authorized to apply the platform (“users”).
An “add-on” is an elective platform characteristic available for an extra price or in any other case issue to extra phrases that will be communicated by consume app and agreed to by using the subscriber. Accessories may additionally encompass integrations to 0. 33 birthday party services, pos (point of sale) integration, on line charge services, visitor loyalty and praise packages. Wherein accessories are difficulty to extra terms, the subscriber should receive such extra terms prior to gaining access to the add-ons.
Rizera app presents up to 3 (three) hours of virtual training on the platform as part of the implementation. In-person training may be to be had for a further fee (and tour fees). Devour app will configure the platform (“implementation”) for every venue(s) as set forth within the order shape. Implementation consists of account setup and provisioning on devour app and activation of online reservations on devour app’s reservation network. Wherein sms texting functionality is supported, the subscriber might be capable of ship as much as 250 sms texts in line with month at the basic plan and 1000 sms according to month at the pro plan to visitors to verify a reservation, waitlist entry or fame (each, a “sms”). Additional sms texts might be billed at $0. 06 each, unless extra packages are purchased and indicated in the order shape
Consume app keeps all proper, title and hobby in the platform, the platform performance, which includes reaction instances, load averages, usage records, and hobby logs, (together, “usage information”) utilization facts, and any by-product works thereof. The subscriber owns all proper, name and hobby in, and is solely accountable for, any information specific to a venue this is uploaded through customers to the platform or otherwise made to be had by means of the subscriber to consume app below this settlement (“subscriber statistics”). For readability, subscriber information consists of names and make contact with statistics of venue visitors, the date and time of reservations, purchases, fee information, and reservation details of such visitors (“guest facts”), along with venue snap shots, floor plans, desk configurations and different designs. If multiple subscriber venues are, or later come to be controlled thru the platform, guest information from each venue could be to be had to all users of all different venues, concern to the get entry to rights of such users.
Subscriber offers devour app (a) access, all through the time period, to use subscriber statistics solely to provide the subscription to perform the services and for routine archival facts, and (b), to apply aggregated, de-personalized records derived from subscriber information, which includes guest facts, to enhance the offerings, expand new services, or for other lawful functions. Devour app may also have unbiased get right of entry to to positive guest facts of subscriber or different subscriber facts, and nothing on this section three. 2 limits rizera app’s proper to apply such facts.
All expenses within the order form (“charges”) might be due inside ten (10) calendar days of the effective date stated on the order form. Transaction fees, together with but not constrained to online in step with cover expenses, online charge fees, as said on the order form will be due within ten (10) calendar days from subscriber’s receipt of the bill.
Online in keeping with cowl fees do no longer include no-display or canceled reservations (“non-materialized reservations”). An automated record (the “on line cover file”) can be made to be had on the first calendar day of each month, with the list of all online reservations from the previous month, wherein venues and users will be allowed to update reservation details and mark reservations as non-materialized reservations. Online cover record could be available with edit get entry to for a complete of five (5) calendar days after being despatched, and then no amendments can be allowed. If a venue or consumer marks a legitimate reservation, where a reservation has visited the restaurant (“materialized reservation”) as a non-materialized reservation, (a “breached reservation”), the subscriber may be charged a penalty of five-hundred greenbacks ($500. 00) per breached reservation, and shall constitute a material breach beneath phase 5. 2. Consume app has the proper, at any time, to audit the online cover file and speak to guests to verify non-materialized reservations. Reservations that encompass additional promotions or reductions from online and offline structures consisting of but no longer restricted to groupon, entertainer, zomato gold are considered materialized reservations.
“private facts” approach private or proprietary information in any form disclosed through or on behalf of either party that (a) is marked or diagnosed as “personal” or with a similar designation, or (b) by using its nature or the circumstances of its disclosure ought moderately to be treated as confidential. The platform, and usage records is exclusive data of rizera app; subscriber information is personal records of subscriber. Each birthday party may additionally have get admission to to the alternative celebration’s personal statistics because of this agreement. Exclusive information is the only belongings of the unveiling celebration. Each party will moreover deal with the terms of this agreement as exclusive records.
Every celebration hereby is of the same opinion to indemnify, guard and maintain harmless the opposite birthday party, and their respective directors, personnel and marketers from and in opposition to any fits, claims, movements, demands, liabilities, prices and/or losses, together with reasonable prison fees and affordable lawyers’ fees (“losses”) to the volume such losses result from any: (a) breach of the agreement or applicable regulation by way of such indemnifying birthday celebration; (b) negligence or willful misconduct of the indemnifying party, its affiliates or (sub)licensees, or their respective directors, employees and dealers in the overall performance of the settlement
This settlement constitutes the complete information and agreement of the events referring to the concern matter of this agreement and supersedes, cancels and replaces all earlier agreements among the events which relate to the equal problem matter whether written, oral, explicit or implied, or which would be inferred from the correspondence, oral statements or behavior of the parties, and all such agreements will be deemed to have terminated via mutual consent with effect from the effective date.
Consume app may additionally listing subscriber as a its purchaser on the rizera app internet site and advertising substances, and can use the subscriber’s eating place description to do so regular with subscriber’s fashion recommendations. The parties may also agree to additional advertising efforts (i. E., case research, events) in writing. The agreement takes effect upon execution of an order form, which may be finished in any wide variety of counterparts, by using digital signature, by way of a scanned signature web page in a format which include pdf, or thru a recognized electronic consent method. All signature pages or equivalents may be deemed an original, and all of which taken collectively will constitute a unmarried settlement.