In this Agreement, “Allset” and “we” mean Allset Technologies, Inc., and “User” and “you” mean your company and/or any user of the Services. This Agreement incorporates Allset’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Allset Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services and that you are authorized to bind the business entity on whose behalf you are entering into this Agreement. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Allset may update or revise this Agreement (including any Allset Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Allset, any use of the Services is subject to the version of this Agreement in effect at the time of use.
1. ALLSET FOR BUSINESSTM strives to provide a superior dining experience for your employees. The goal of our Services is to provide your employees with the additional benefit of hassle free dining at some of the most popular and busy dining establishments.
2. To get started, you provide Allset with a preferred payment method (valid debit or credit card).
3. Allset provides you with a minimum deposit amount (the “Deposit”) for authorization. Once you authorize the deposit amount, it is debited by Allset and is used to pay for the Services (restaurant charges and Allset fees) once your authorized users use them. The Deposit is replenished by us automatically on an “ever green” basis once it is used. It means that you are required to maintain the full Deposit with us at all times to continue using the Services. At Allset’s discretion, we may increase or decrease the amount of Deposit required from you and either refund a portion back to you (in case of decrease) or request additional payment (in case of increase). You can see the status of your Deposit in your personal dashboard at all times.
4. You deposit the names and emails of your authorized users in your personal dashboard. These are the people who you allow to use the Services at your expense. You can divide the authorized users into different groups and set a different daily spending limit for each group.
5. Your employees and partners dine at some of the hottest restaurants and thank you for providing them with a hassle free dining experience.
6. Once a user spends a portion of the Deposit at a participating restaurant, we cannot refund that money. However, we can refund an unused portion of the Deposit upon 24 hours notice.
7. We charge the user personally for any amount above the spending limit. For example, if a user’s spending limit is $20 and the total order is $35, we charge your Deposit $20 and we charge the user personally $15. We charge our service fee to (a) the user personally in case the total order exceeds that user’s spending limit, and (b) to your Deposit when the user’s order is equal to or below the spending limit.
9. If you would like a transaction record for your users apart from the one typically provided by the Allset Application, you must request it from us by email and we will provide one within thirty (30) days of your request.
10. You acknowledge and agree that Allset is an independent contractor for all purposes and is not your agent or trustee. Allset is not responsible, and has no liability for, the products or services that are paid for with the Allset Application. Allset is not responsible for any seating delays, food quality or safety issues, levels of service, overcharges or other disputes with restaurants. Users must resolve payment and other disputes directly with restaurants.
11. Allset is not liable for any payments that were not completed through the Allset Application because: (a) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (b) you have not provided us with correct payment account information; (c) your debit or credit card has expired; or (d) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Allset Application, you are solely responsible for paying the applicable restaurant(s) by other means.
12. Use of the Services requires Internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Allset does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
13. Allset reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Allset Site, Allset Application, and/or participating restaurants. Allset shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
14. You agree that Allset may disclose you as a customer of Allset and use your name and logo on Allset Site, Allset Application, and in Allset promotional materials. Any mention of your name or logo on Allset Site, Allset Application, and in Allset promotional materials can be removed upon your request.
15. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ALLSET PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE ALLSET APPLICATION), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. ALLSET IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE ALLSET APPLICATION.
16. Disclaimer of Warranties. THE SERVICES, ALL ALLSET CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER 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. 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.
17. Release. Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any of your authorized users of Allset Application and/or Services) as a result of your (or such recipient’s) interaction with or visit to any restaurant or from any product or service of any restaurant. You hereby release the Allset Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Allset Parties pertaining to the subject matter of this Section 17.
18. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
19. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by your or your authorized users, but may be freely transferred, assigned, or delegated by Allset.
20. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
21. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. 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 the Allset Parties or their 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”).
22. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.