Allset for Restaurants - Terms of Use

Welcome to the Allset Platform
Allset Technologies, Inc., doing business as Allset ("we" or "Allset" or "Company"), provides a mobile customer reservation and payment platform and related services ("Services" or "Allset Services"), and provides and/or enables related mobile applications, software applications, websites, and microsites ("Apps" or "Allset Apps"), for use by restaurants, bars and other eating or drinking venues (each, a "User Venue") to accept orders and reservations remotely, get paid in advance, and seat and serve customers upon arrival, among other functions. Allset 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 clicking “I Accept” below, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ALLSET. PLEASE READ THEM CAREFULLY.
1. Definitions
1.1. When the following words are used in these Terms, this is what they will mean:
App: the mobile application created by Allset which allows a User Venue to accept an Order from a Customer, have the customer pay for his or her Order, and make a reservation for a table in connection with his or her Order.
Stripe: a PCI DSS compliant payment gateway to store, process and transmit a Customer’s credit or debit card payment data.
Device: a User Venue’s computer, tablet, 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.
Allset: Allset Technologies, Inc., a Delaware corporation, with its registered address at 1013 Centre Road, Suite 403-B, Wilmington, DE 19805, doing business as Allset.
Order: the digital medium through which Customer communicates with the User Venue, makes a reservation for a table at the User Venue, and pays all, or a proportion, of the amount owed to the User Venue.
Terms: the terms and conditions set out in this document.
Customer: customer who uses Allset App to make reservations at a User Venue, which supports the App.
User Venue: a restaurant, bar or any other eating or drinking establishment who sign up with Allset and download and use the App.
Website: the website https://allsetnow.com
1.2. The words "writing" or "written" in these Terms will include e-mail, unless specified otherwise.
1.3. These are the terms and conditions on which Allset supplies the App to you.
1.4. By downloading the App from the Website you accept and agree to be bound by these Terms and the license contained within them.

We may at any time modify these Terms.
1.5. 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, without regard to its conflict of laws provisions.
2. Signing up
2.1. Sign up to Allset by sending a registration request to Allset through the link located at https://allsetnow.com/for-restaurants/.
2.2. Once a registration request is lodged and Allset confirms that a User Venue qualifies under Allset’s requirements, Allset will provide User a registration link, which User must complete in order to finalize the sign up.
2.3. To ensure the required level of payment security, Allset currently uses Stripe to collect payments from Customers on behalf of User Venues. Allset reserves the right to change its payment provider at its discretion, provided any such payment provider meets the security compliance level above.
3. Using the App
3.1. Allset will supply the App to User Venue from the date that the sign up in clause 2 is complete, which User Venue must install on its Device. Allset does not provide any hardware, and is strictly a software mobile application provider.
3.2. Allset 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 Allset’ control.
3.3. Allset may have to suspend the App if it has to deal with technical problems, or to make improvements. Allset will contact a User Venue to let it know in advance where this occurs, unless the problem is urgent or an emergency.
3.4. In the unlikely event that there is any defect with the App:
- please contact Allset as soon as reasonably possible;
- please give Allset a reasonable opportunity to repair or fix any defect; Allset will use every effort to repair or fix the defect as soon as reasonably practicable.
A User Venue will not have to pay for Allset to repair or fix a defect with the App under this clause 3.4.
3.5. A User Venue must provide its menu to Allset for use in connection with the App. We will convert the menu to make it look compatible with the App, and will provide the menu to Customers in connection with their use of the Allset App. A User Venue must notify us immediately of any changes in their menu.
3.6. A User Venue’s staff responsible for reservations and payment at User Venue must go through Allset’s training, and must accept Orders from Customers in accordance with the rules set forth here: https://allsetnow.com/for-restaurants/faq/.
3.7. You represent, warrant, and agree that you will not use the Services or App, interact with the Services or App, in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Allset);

(b) Violates any law or regulation, including, without limitation, any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your Allset account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content; or

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
4. Payment
4.1. Once the Order is completed and fulfilled, Allset will deduct the funds from a Customer’s credit or debit card, including any and all service charges, and will deliver the funds to a User Venue, including the services charges, but less any amounts due to Allset per clause 4.2 below, within 3 days of receipt of the funds from a Customer.
4.2. A User Venue must connect its bank account to Allset’s online payment dashboard in order to enable receipt payments from Allset.
4.3. We will charge a 12% Allset fee + 2.9% processing fee on all Orders (Allset fee is charged on a subtotal, excluding tax and service charge), and will deduct its fee prior to sending payment to a User Venue. In some cases, discounts may apply to Allset fee for selected restaurants.
4.4. Allset is not responsible for ensuring the accuracy of the Order. Any queries or issues with the total of the Order shall be directed by a Customer to the User Venue. Allset’s obligation is only to facilitate the payment of the amount shown on the Order.
4.5. Allset is not responsible for any expenses in the following cases:
- If the guest cancels the order after the restaurant has started preparing the food.
- If restaurant’s menu prices at Allset differ from current prices at the restaurant.
- If the restaurant remakes the food because of guest’s late arrival.
5. Marketing
5.1. Allset will provide marketing and promotional materials to a User Venue regarding the Allset Apps, and a User Venue must ensure that said materials are prominently displayed inside the premises of a User Venue.
6. Intellectual Property Rights
6.1. In consideration of you agreeing to abide by these Terms, Allset grants you a non-transferable, non-exclusive license to use the App on the Device, subject to these Terms, and any other applicable rules. Allset reserves all other rights.
6.2. 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.
6.3. You acknowledge that all Intellectual Property Rights in the App anywhere in the world belong to Allset 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.
7. Termination
7.1. Either party may terminate Allset Services upon 14 days written notice to the other party. A User Venue should send its termination notice to Allset via email at restaurants@allsetnow.com.
8. Apple App Terms
These Terms apply to your use of all the Services, including the version of our app available on the iPhone, iPad Touch, and iPad via the Apple, Inc. (“Apple”) App Store (the “Apple App”), but the following additional terms also apply to the Apple App:
(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Apple App or the Content;
(b) The Apple App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Apple App in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App;
(e) In the event of any failure of the Apple App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple App;
(g) You acknowledge and agree that, in the event of any third party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Company acknowledge and agree that, in your use of the Apple App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
(k) In the event you use the Apple App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
9. Other important terms
9.1. Allset 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.
9.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
9.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). Except as expressly set forth in the section above regarding the Apple App, you and Allset agree there are no third party beneficiaries intended under these Terms.
9.4. 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.
9.5. If Allset 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 Allset 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.
9.6. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Allset or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
10. Liability
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLSET BE LIABLE FOR (A) ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO ALLSET IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; FOR EACH OF THE FOREGOING, EVEN IF ALLSET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR AMOUNTS, AND TO THE EXTENT SUCH DAMAGES OR AMOUNTS ARISE OUT OF OR ARE CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES OR APP, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE ALLSET APP), OR (4) THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY USER VENUE IN CONNECTION WITH THE SERVICES OR APP. ALLSET IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY USER VENUE FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE ALLSET APP.
10.2 THE SERVICES, THE APP, ALL ALLSET CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR APP, ARE PROVIDED TO USER VENUE ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. ALLSET EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ALLSET DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALLSET WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. ALLSET SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ALLSET.
Effective Date of these Terms of Service: December 22, 2017