Effective Date: April 19, 2022
Welcome to the Allset Platform
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Phone: (510) 210-1052
Address: 5630 Venice Blvd, Unit #549, Los Angeles, CA 90019
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at allsetnow.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at firstname.lastname@example.org.
What are the basics of using Allset?
You may be required to sign up for an account, select a password and username (“Allset User ID”), and provide us with certain information or data, such as your contact information, valid credit or debit card. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Allset User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
To ensure the required level of payment security, Allset currently uses Stripe to collect payments from Users on behalf of Restaurants. Allset 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 contact information, you will be connected to Allset 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, Allset reserves the right to refuse the User access to the App.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook or Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual 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 have 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’s 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).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Restaurants must comply with all laws that relate to the Restaurant Orders (as defined below)). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Allset User ID, account or password with anyone, and you must protect the security of your Allset User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Allset User ID and account.
You can only have one Allset account at any time. We do not allow Users to have multiple accounts for the same individual. Attempting to and/or establishing multiple accounts for the same user (even if such accounts are registered with different profiles, emails, phone numbers, payment methods, and etc.) violates this Agreement. We reserve the right to take corrective action at our sole discretion (including but not limited to suspending or terminating Service and/or deleting accounts) in the event you attempt to and/or establish multiple accounts with us.
Connecting Restaurants and Diners
Allset connects those providing services (“Restaurants”) and those looking to acquire their services (“Diners”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Restaurant or Diner, while if we use one of those specific terms, it only applies to that category of user.
Before making any order from any Restaurant (“Restaurant Order”, or “Order”), Diners are responsible for making their own determinations that the recommended Restaurant is suitable. Allset is only responsible for connecting Restaurants and Diners, and can’t and won’t be responsible for making sure that Restaurant Order are actually provided or are up to a certain standard of quality. It is the Diner's responsibility to ensure that the Order is accurate and reflects the goods purchased from the Restaurant. Allset 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 Restaurant. Allset's obligation is only to facilitate the payment of the amount shown on the Order. Allset similarly can’t and won’t be responsible for ensuring that information (including credentials) a Diner or Restaurant provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Diner or Restaurant, and Restaurants aren’t our employees.
It is the Diner’s responsibility to ensure that any and all Users on the Order are at the Restaurant at the time for which the Order is scheduled. The Diner agrees to physically be at the Restaurant at the time for which the Restaurant Order is scheduled when he or she clicks “Place Order” on the App. Allset is not responsible for any additional charges the Diner may incur from the Restaurant due to being late to the time when the Restaurant Order is scheduled.
Restaurants are independent contractors of Diners and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Allset. Allset does not offer the Restaurant Orders and does not employ individuals to perform the Restaurant Orders. You hereby acknowledge that Allset does not supervise, direct, control or monitor the Restaurant Orders and expressly disclaims any responsibility and liability for the Restaurant Orders, including but not limited to any food safety regulation, warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
What about refunds and cancellations?
All charges and payments will be enabled by Allset using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Allset may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Allset.
Non-refundable cases include but are not limited to: late food arrival time; incomplete Order; portion size not as expected; food quality; poor packaging; restaurant service; menu price difference; placing an Order at the wrong restaurant location.
You can cancel your Order anytime after submitting it, but before the Restaurant starts preparing the Order. The status of your Order is reflected on the app. If you would like to cancel an Order after the restaurant has started preparing it, you can call the restaurant to ask them to cancel your Order. In this case, the refund is processed only upon the restaurant’s confirmation. If the restaurant does not agree to cancel the Order, we will be unable to issue a full refund for the Order.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Allset sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Allset to send you information that we think may be of interest to you, which may include Allset using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Allset, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Allset. You agree to indemnify and hold Allset harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
Allset will supply the App to you from the date that your details are confirmed. 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. Allset may have to suspend the App if it has to deal with technical problems, or to make improvements. Allset 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 Allset)
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. You will not have to pay for Allset to repair or fix a defect with the App.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including Allset);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Allset;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your Allset User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- 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);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- 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.
Without limiting the generality of the foregoing, your account may be banned if you violate any provision in these User Terms. Ban may result in your being charged the amount of Allset credits used in your account. Repeated violations may result in your being charged a $10 (USD) fee per violation (the “Violation Fee”). In particular, the following violations are subject to a ban and Violation Fee:
- If you (or someone authorized by you) create multiple accounts, or use fake phone numbers or fake email addresses, in order to misuse Allset credits.
- If you (or someone authorized by you) make a reservation at a Restaurant using the Allset Services but arrive at the Restaurant more than thirty (30) minutes before your reservation time and attempt to claim your reservation.
- If you (or someone authorized by you) use the Allset Services to make a reservation or order takeout at restaurants where Allset does not provide such services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Allset's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Allset owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Allset or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
By submitting User Submissions through the Services, you hereby do and shall grant Allset a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Allset to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Allset, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Allset's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Allset's Designated Agent at the following address:
Allset Technologies Inc.
Attn: DMCA Designated Agent
5630 Venice Blvd, Unit #549, Los Angeles, CA 90019
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Allset. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Allset is not responsible for such risks.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Allset is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Allset, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Allset ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Services may contain a fee, which is described on our App and on our website. We reserve the right to change our fees for certain or all Services in the future. We will notify you before changing the fees of any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. If you are a Restaurant, we will charge the services fees outlined in our separate Restaurant Agreement.
What if I want to stop using the Services?
Allset is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Allset has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Diner who believes that a Restaurant may be in breach of these Terms is not able to enforce these Terms against that Restaurant.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What about Mobile Applications?
I use the Allset App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application
- Both you and Allset acknowledge that the Terms are concluded between you and Allset only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application 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;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application 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;
- You acknowledge and agree that Allset, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Allset, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- 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;
- Both you and Allset acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Allset 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.
Can I refer other users?
From time to time Allset may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please visit our Help Center (Credits and Promotions). The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Allset nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Allset. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Allset reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Allset's discretion for any reason or for no reason whatsoever. If Allset determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Allset reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Allset to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
Are there any other promotional offers or credits?
Allset may, in its sole discretion, create promotional codes that may be redeemed for account Credits (“Credits”) or other features or benefits related to our Services or services provided by Restaurants or other third parties, subject to terms that Allset 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 Allset; (3) may be disabled by Allset at any time for any reason without liability to Allset; (4) may only be used pursuant to the specific terms that Allset 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.
Furthermore, Allset may, in its sole discretion, allow participation in other promotional campaigns offered by Allset such as loyalty rewards program (“Rewards Program”). Rewards Program is made available through the Platform and where eligible users can earn points, Credits, receive Allset cash back credits (“Allset Cash Back Credits”) or other forms of rewards for taking certain actions on the Platform. Rewards Program includes, for example, “order X times to unlock Y% of Allset cash back credits”. Generally, by creating your Allset account and completing the first order, you will automatically be enrolled in the applicable Rewards Program to begin earning your Rewards. However, earning Rewards through Rewards Program may be based on a number of factors including but not limited to the volume and frequency of orders that you place. Allset may change the conditions of the Rewards Program at any time in its sole discretion.
What are Allset Cash Back Credits and how do they work?
“Allset Cash Back Credits” are a virtual system made available by Allset to eligible users of the Services. If you are provided with Allset Cash Back Credits by us, we grant you a non-exclusive, revocable, personal, limited, non-transferrable (except as expressly set forth in the next paragraph) right and license to use the Allset Cash Back Credits only as allowed by the clear functionality of the Services.
Eligible users of the Services may receive Allset Cash Back Credits (and the license above) through various means that are expressly authorized by Services. In such event, we will credit your Services account for any Allset Cash Back Credits acquired by you as authorized in these Terms. Allset Cash Back Credits may be transferred by you to other Services users in exchange for access to the items, services, or content they make available through the Services. All transfers must only occur within, and using the functionality of, the Allset platform (meaning, you must not attempt to transfer Allset Cash Back Credits to any other person or entity outside of the functionality of the Services).
ALLSET CASH BACK CREDITS ARE NOT A REAL CURRENCY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN AN EXECUTED AGREEMENT BETWEEN YOU AND ALLSET, ALLSET CASH BACK CREDITS CANNOT BE SUBSTITUTED FOR REAL CURRENCY, HAVE NO MONETARY VALUE, AND CANNOT BE REDEEMED, REFUNDED, OR EXCHANGED FOR REAL CURRENCY. ALLSET CASH BACK CREDITS DO NOT EARN INTEREST. You acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of Allset Cash Back Credits at any time, except as prohibited by applicable law.
Transactions involving the exchange or Allset Cash Back Credits for virtual items, services, or content on via the Services are not legally enforceable, may not form the basis of any private right of action against Allset or any third party, and are governed solely by us in our sole discretion and application of these Terms.
All payments for Allset Cash Back Credits are final and not refundable or exchangeable, except as required by applicable law. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Allset Cash Back Credits except as allowed by Allset through the Services and as otherwise expressly authorized by us in writing. We do not recognize or condone any third-party services that may be used to sell, exchange, transfer, or otherwise dispose of Allset Cash Back Credits. We do not assume any responsibility for, will not be liable for, and will not facilitate or otherwise support, such transactions.
Any disposition or attempted disposition of Allset Cash Back Credits in violation of these Terms will be void and will result in immediate termination of your Service account and your license to use Allset Cash Back Credits. We, in our sole discretion, have the absolute right to manage, modify, suspend, revoke, and terminate your license to use Allset Cash Back Credits without notice, refund, compensation, or liability to you, except as otherwise prohibited by applicable law. Without limiting the foregoing, your license to use Allset Cash Back Credits will terminate upon termination of these Terms or your Services account and as otherwise provided herein, except as otherwise required by applicable law.
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Warranty Disclaimer. Allset and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Allset and all such parties together, the “Allset Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Allset Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Allset Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Restaurant Orders. THE SERVICES AND CONTENT ARE PROVIDED BY ALLSET (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ALLSET PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. If you are a Diner, to the fullest extent allowed by applicable law, you agree to indemnify and hold the Allset Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Allset's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Allset and limits the manner in which you can seek relief from Allset. Both you and Allset acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Allset's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel 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.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Allset will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Allset will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Allset may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND ALLSET WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Allset are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Allset over whether to vacate or enforce an arbitration award, YOU AND ALLSET WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Allset is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 5630 Venice Blvd, Unit #549, Los Angeles, CA 90019 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Allset to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Allset agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Allset.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Allset may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Allset agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Allset, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Allset, and you do not have any authority of any kind to bind Allset in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Allset agree there are no third-party beneficiaries intended under these Terms.