Terms of Use

Welcome to the Allset Platform
Allset Technologies, Inc., doing business as Allset ("we" or "Allset" or "Company"), provides a mobile payment and customer rewards 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 you ("User") to make payments for goods and/or services and participate in merchant incentive and rewards programs ("Campaigns") at physical and/or online points-of-sale ("POS"), among other available functions. 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 accessing, downloading, copying, and/or using a Allset App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ALLSET, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. 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 to locate a Venue, open a Order at a Venue and pay for their purchases at the Venue.
Stripe: a PCI DSS compliant payment gateway to store, process and transmit a User's credit or debit card payment data.
Device: a User's mobile telephone, smartphone or handheld device.
Intellectual Property Rights: means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Notification: the email/push sent from Allset to a User.
Allset: Allset Technologies, Inc., a Delaware corporation 1811 Silverside Road, Wilmington, DE 19810 doing business as Allset.
Order: the digital medium through which User(s) confirm their use of the App, the Venue communicates to the User(s) the total amount payable by any customers of the Venue in a particular group and through which the User(s) can pay a proportion of the total amount.
Order Holder: the person in whose name the Order is opened.
Terms: the terms and conditions set out in this document.
User(s): customers who sign up with Allset and download and use the App.
Venue: a restaurant or bar which supports the App.
Website: the website http://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, including the Allset Privacy policy. 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.
2. Signing up
2.1. Sign up to Allset will not be confirmed until the following information has been provided and verified by Allset and Stripe:
2.1.1. - first name and surname;
2.1.2. - valid credit or debit card details.
2.2. To ensure the required level of payment security, Allset currently uses Stripe to collect payments from Users on behalf of Venues. Allset reserves the right to change its payment provider at its discretion, provided any such payment provider meets the security compliance level above.
2.3. Upon confirmation of the details in 2.1.1 and 2.1.2 above, Users 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.
2.4. Users can import the relevant information in 2.1.1 and 2.1.2 above from social networking accounts on Facebook. Users consent to the use of their personal information, including profile photographs, if they follow this course of action.
2.5. 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.
3. Using the App
3.1. Allset will supply the App to you from the date that the details in clause 2 are confirmed.
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 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).
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. You will not have to pay for Allset to repair or fix a defect with the App under this clause 3.4.
3.5. 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. Merchant Incentive and Reward Campaigns; Campaign Credit
4.1. When you pay with your Allset User Account at a merchant POS, you participate automatically in any promotional campaigns offered by Allset' merchant partners, and/or third-party partners, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. ("Campaigns"), and earn automatically any merchant-offered rewards, incentives, or discounts ("Merchant Credit") and/or third-party-offered incentives, rewards, or discounts ("3rd Party Credit") associated with your transaction. Allset will also automatically redeem any Merchant or 3rd Party Credit previously awarded at the time of purchase at the participating merchant's POS in accordance with the terms of such Campaign. Merchant or 3rd Party Credit applied to the purchase will be deducted from the transaction amount charged by Allset as part of the authorized charge to the payment instrument(s) associated with your User Account.
4.2. Promotional Campaigns, and Merchant or 3rd Party Credit associated with such Campaigns, are offered by the merchant or funding third party alone (and not by Allset) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or 3rd Party Credit, and compliance with such rules. Any complaints concerning any merchant's or third party's failure to award or redeem Merchant or 3rd Party Credit according to any Campaign may be sent to Allset at: support@allsetnow.com. While Allset may, in its discretion, attempt to resolve any complaints concerning a person's failure to award or redeem Merchant or 3rd Party Credit, Allset is not responsible for such person's failure to award or redeem Credit for any reason.
4.3. The merchant shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Campaign, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Campaign at any time. Allset also reserves the right to terminate a merchant's Campaign at any time.
4.4. Merchant or Third Party Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or Third Party Credit. If a Campaign is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or 3rd Party Credit will expire immediately.
4.5. Redemption or application of Merchant or 3rd Party Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant's compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or 3rd Party Credit to delivery, processing or handling fees, or taxes or gratuities.
5. Referrals and Promotional Codes
5.1. Allset may, in its sole discretion, create promotional codes that may be redeemed for account credit or other features or benefits related to our Services or services provided by Restaurants or other third parties, subject to terms that 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.
6. Venue
6.1. When you enter the Venue you acknowledge that any purchases you make are the subject of a contract between you and the Venue. All queries or orders should be directed to staff at the Venue.
6.2. Users are required to open a new Order at every Venue:
- Each Order is in the name of a single Order Holder;
- Additional Users may be invited by the Order Holder to join the Order.
6.3. It is the Order Holder's responsibility to ensure that the Order is accurate and reflects the goods purchased from the Venue. 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 Venue. Allset' obligation is only to facilitate the payment of the amount shown on the Order.
6.4. All Users can use the App to apportion amounts of payments, but it is the responsibility of the Order Holder to ensure that the full amount is settled. A Venue will not close an Order until it has been settled in full.
6.5. It is the Order Holder’s responsibility that any and all Users on the Order are at the Venue at the time for which the Order is scheduled. The Order Holder agrees to be the Venue at the time for which the Order is scheduled when he or she clicks “Place Order” on the App. Allset is not responsible for any additional charges the Order Holder may incur from the Venue due to being late to the time when the Order is scheduled.
7. Liability
7.1. The Order Holder is responsible for ensuring that the full amount of the Order is paid, regardless of whether there are items that were ordered by people not using the App. If there is any amount outstanding on the Order, the Order Holder will have that amount automatically deducted from his/her credit or debit cards, plus a $1.5 surcharge, including any VAT and/or additional charges incurred by the Venue. Allset is not liable to cover any outstanding amounts on an Order.
7.2. The Order Holder is solely responsible for any and all charges incurred at the Venue placed or incurred outside of the App.
7.3. The Services or App 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. We encourage you to be aware when you leave our Services or App and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
7.4. Allset will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services or App, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services or App, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Allset shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
7.5. 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 VENUE IN CONNECTION WITH THE SERVICES OR APP. ALLSET IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY VENUE FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE ALLSET APP.
7.6. 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 YOU 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 OR APP 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.
8. Refunds and Cancellations
8.1. 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.
8.2. After you place an order, you can cancel your order anytime after submitting the order but before the restaurant accepts the order. If you would like to cancel an order after an order has been accepted by a restaurant, you will be able to cancel the order only 20 minutes prior the reservation time. This will guarantee that the restaurant has not begun preparing your food and is ok with the cancellation. If you cancel the order less than 20 minutes prior the reservation time and the restaurant has started preparing the food, we will be unable to issue a full refund for the order.
9. Intellectual Property Rights
9.1. In consideration of you agreeing to abide by these Terms, Allset grants you a non-transferable, non-exclusive license to personally and non-commercially use the App on the Device, subject to these Terms, the Privacy Policy and any other applicable rules. Allset reserves all other rights.
9.2. 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.
9.3. 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.
10. How we may use your personal information
10.1. You provide us with information when you sign up to Allset. Allset will also collect information from all of its Users about their use of the App. Any information on Users or their use of the App is subject to Allset Privacy Policy. By using Allset, you consent to use of that information and warrant that all information provided by you is accurate.
10.2. You may be offered the option to link one or more social networking profiles to your profile or Allset. Where you link a profile, you authorize Allset to post updates on your activities on Allset to your linked social networking profile.
11. Termination
11.1. We may at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Allset Services. Cause for such termination shall include, but not be limited to: (a) violations of these Terms of Use; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) provision of the Allset Services to you becoming unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by us in our sole discretion, without any refund to you of any prepaid fees or amounts, and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Allset Services. If you want to terminate your account, you may notify Allset in writing via email at support@allsetnow.com.
12. 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.
13. Other important terms
13.1. 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.
13.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3. This contract is between you and Allset. 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.
13.4. 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.
13.5. 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.
13.6. 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”).
Last updated on: January 18, 2018