Last Updated: April 1, 2020
TouchBistro Inc. (“TouchBistro”, “we”, “us” and terms of similar meaning) provides TouchBistro reservations and online ordering services via websites, mobile sites, widgets and applications (collectively, the “TouchBistro Reservations and Online Ordering Sites”) and the content, features, and services made available by TouchBistro through the TouchBistro Reservations and Online Ordering Sites (the “Services”). These terms and conditions of use (these “Terms”) constitute a legal agreement and are entered into by and between you and TouchBistro. These Terms govern your access to and use of the Services, including any content, functionality, and related services offered on or through the TouchBistro Reservations and Online Ordering Sites.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THE SERVICES. By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with TouchBistro and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. You are solely responsible for ensuring that your use of the Services is in compliance with all applicable laws. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. If you do not agree with the changes, you can cancel your account with us by contacting email@example.com. Any changes or modifications will be effective immediately upon posting of the revisions on the TouchBistro Reservations and Online Ordering Sites, and your continued use of Services after such time will constitute your acceptance of such changes or modifications.
The information and material on the Services, and the Services, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.
You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using Services.
1. Privacy Notice.
2. Registration Data; Account Security.
You may use some of the Services without signing up for an account. If you register for an account for the Services, you agree to (a) provide and maintain accurate, current and complete information as may be prompted by any registration forms on Services (“Registration Data”); (b) maintain the security of your password/s; (c) maintain and promptly update the Registration Data and any other information you provide to TouchBistro, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or data you provide to TouchBistro or through your use of the Services. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity on your TouchBistro account, and for charges incurred by your TouchBistro account. Without restricting the generality of the foregoing, it is expressly acknowledged and agreed that TouchBistro may utilize any information or data collected by it through the provision of the Services, including without limitation, personally identifiable information of users, for any legitimate business purpose whatsoever, and may share any and all such information and data with third parties at its discretion, including without limitation, Restaurants. You are solely responsible for maintaining the confidentiality of your account and the information in your account, and you are solely responsible for all use of your account, whether or not authorized by you. You agree to immediately notify TouchBistro of any unauthorized use of your account or any other breach of security related to your use of the Services. We reserve the right to take any and appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. We may, without notice and in our sole discretion, terminate or suspend your Account and/or ability to use the Services or parts thereof for any reason or no reason. We are not required to provide access to the Services to any individual whose Account has previously been suspended or terminated and, in the event your Account is suspended or terminated, you are not guaranteed access to any information saved to your Account. You acknowledge and agree that TouchBistro has no responsibility to you or liability whatsoever in connection with suspension or termination of your Account. TouchBistro may monitor your use of the Services for any reason, including but not limited to, quality assurance, the improvement of TouchBistro products and services, and for verification of your compliance with the Terms. You shall not interfere with such monitoring or otherwise obscure from TouchBistro any aspect of your use of the Services.
3. Restaurant Reservations.
4. No-Show Policy.
The cancellation of booked reservations is subject to the particular Restaurant’s cancellation policy, which shall be disclosed to you at the time you make the reservation. You may cancel your reservation via the TouchBistro Reservations and Online Ordering Sites or by calling the Restaurant directly. Upon arriving at the Restaurant, it is your responsibility to notify the Restaurant that you have a reservation. Please note that if you do not notify the Restaurant that you have a reservation, it may register you as a no-show. If you repeatedly fail to honour your reservations or fail to cancel your reservations in accordance with the applicable cancellation policy, we reserve the right to suspend or terminate your account. Please note that all decisions regarding your account will be final and in our sole discretion.
If you wish to remove yourself from a waitlist you have joined through the waitlist services, you can do so by managing your place in line through the TouchBistro Reservations and Online Ordering Sites or by calling the Restaurant. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.
6. Online Ordering.
7. Usage Guidelines.
8. User Submissions.
Content Standards. The Services permit users to submit information including, without limitation, personal information and venue reviews to or otherwise through the Services (all such submitted content, material, and other information a user submits, posts, publishes, displays, or transmits through the Services, collectively, “User Submissions”). None of the User Submissions you submit to the Services will be subject to any confidentiality by TouchBistro and TouchBistro will have no responsibility or liability for any User Submissions. By submitting any User Submission to the Services, you: a. grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive, fully sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you; b. waive any moral rights or other rights of authorship as a condition of submitting any User Submission; and c. represent and warrant that: (i) you own or have the necessary rights to submit the User Submissions and have the right to grant the licence set out above; (ii) your User Submission complies with applicable laws and regulations and these Terms. You agree that you will not and will not permit any other party using your Account to submit User Submissions which are, or contain materials which are, illegal, exploitive, harmful, threatening, abusive, hateful, defamatory, obscene, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other such legally prohibited grounds, infringing of intellectual property rights, infringing of other legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice. You further agree that you will not submit any User Submissions for which you are being, directly or indirectly, compensated by a third party, and that your User Submissions will not involve, provide or contribute any false, inaccurate or misleading information, including with respect to any venues or the services provided by such venues. You acknowledge that we have no obligation to monitor User Submissions, and User Submissions are not necessarily regularly reviewed. Accordingly, we do not guarantee the timely removal of objectionable materials contained in User Submissions and, subject to applicable laws, we have no liability for any action or inaction by third parties in respect of User Submissions. Without limiting the foregoing, we reserve the right to monitor, remove, or edit User Submissions which, in our sole discretion include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TouchBistro’s sole discretion.
9. Intellectual Property Rights and Ownership.
You acknowledge and agree that the Services and the contents, features, and functionality thereof, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by TouchBistro, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Except as expressly set out in these Terms, no license is granted to you or any other user for any other purpose. TouchBistro and its affiliates and licensors retain all rights in the Services and parts thereof, including any associated intellectual property rights. The TouchBistro name, and all related names, logos, product and service names, designs, images and slogans are trademarks of TouchBistro or its affiliates or licensors. You must not use such marks without the prior written permission of TouchBistro. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringing party to legal action.
10. Restrictions on Use of Services.
Your use of the Services is subject to the following restrictions. You may not:
• Interfere or attempt to interfere in any manner with the proper workings of the Services, or take any steps that may adversely affects the functionality or performance of the Services;
• Use the Services in any manner or for any purpose that violates any law or regulation or the rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
• Disparage or otherwise negatively represent the Services or do anything that could result in damage or dilution to the goodwill of TouchBistro and its brand;
• Reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof;
• Circumvent or render ineffective any IP address-based functionality or restriction imposed by the Services.
• resell or attempt to resell any reservations or waitlist spot.
• book more than one reservation for any given time.
• provide any other person with access to the Services or portions of it using your username, password, or other security information.
• attempt to circumvent the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or applicable authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (e) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (g) otherwise attempting to interfere with the proper working of the Services and/or TouchBistro’s ability to monitor the Services.
11. Providing a Reliable and Secure Service.
We put a great deal of effort into ensuring that the Services operate in a reliable manner and provide a secure environment for your data. We use what we believe to be “best-of-class” infrastructure and hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable, the internet, hardware, power sources, and local servers and associated technology are inherently unreliable at times and can be an insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, servers, databases and other service providers cannot be assured or assumed. When you use the Services, you acknowledge you understand and accept these risks, and you accept sole responsibility for choosing to use a technology that does not provide perfect security or reliability.
12. Advertisements and Promotions.
TouchBistro may run advertisements and promotions from third parties on the TouchBistro Reservations and Online Ordering Sites or otherwise through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TouchBistro, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TouchBistro is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the TouchBistro Reservation and Online Ordering Sites.
13. Disclaimer of Warranties. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TOUCHBISTRO PROVIDES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR ENDORSEMENTS OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TOUCHBISTRO, NOR ANY OF ITS SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES OR SUPPLIERS REPRESENT OR WARRANT THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, SECURE ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCE WILL TOUCHBISTRO BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE AND LOSS OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TOUCHBISTRO WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING OR INFORMATION PROVIDED THROUGH THE SERVICES.
TO THE EXTENT THE FOREGOING EXCLUSIONS ARE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT TOUCHBISTRO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE NATURE OF THE CLAIM WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100).
14. Indemnity and Release.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TouchBistro, its subsidiaries, affiliates or respective directors, officers, employees, agents or successors (collectively with TouchBistro the “TouchBistro Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Services other than as expressly authorized in these Terms. Your interactions with Restaurants and/or any payment processors are solely between you and such party and all claims, injuries, illnesses, damages, liabilities, and costs suffered by you as a result of your interaction with any Restaurant or payment processor or from any promotion, offer, product or service of any Restaurant or payment processor must be resolved directly with Restaurants. You waive and shall not assert any claims or allegations of any nature whatsoever against any TouchBistro Party arising out of or in any way relating to your use of the TouchBistro Reservations and Online Ordering Sites or the Services, including, without limitation, any claims or allegations that any TouchBistro Party should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the TouchBistro Reservations and Online Ordering Sites or the Services. To the maximum extent permitted by law, you hereby release the TouchBistro Parties from any and all claims arising from your interaction with any Restaurant and/or payment processor. You and TouchBistro understand and agree that the disclaimers, exclusions, and limitations of liability in these Terms are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that TouchBistro would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Notices that we give you may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice on the TouchBistro Reservations and Online Ordering Sites. When we post notices on the TouchBistro Reservations and Online Ordering Sites, we post them in an area suitable to the notice. It is your responsibility to periodically review the TouchBistro Reservations and Online Ordering Sites for notices. You agree to keep all Registration Data current and up to date.
16. Third Party Content.
The Services include content provided by third parties, including from Restaurants, other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by TouchBistro, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TouchBistro. Neither TouchBistro nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
17. Third-Party Websites, Applications and Services.
18. Applicable Law and Venue TouchBistro is headquartered in Toronto, Ontario Canada.
You and TouchBistro both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and TouchBistro explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and the courts sitting at Toronto, Ontario regardless of your domicile, residence or physical location. The parties hereto waive any right to trial by jury in respect of any dispute arising from or related to this agreement. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving TouchBistro and arising out of or relating to (a) the Terms; (b) the Services; or (c) oral or written statements, advertisements or promotions relating to the Services or any associated third party services (collectively, a “Claim”), will be referred to and determined by individual arbitration by a single arbitrator (to the exclusion of the courts) sitting at Toronto, Canada in accordance with the Arbitrations Act of Ontario. Arbitration can be initiated by either party delivering to the other party a written Notice of Arbitration invoking this provision. The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we consent in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator’s decision will be final and binding. Each party will bear its own expenses under such arbitration, subject to the authority of the arbitrator to make an award of legal costs in accordance with the arbitrator’s authority. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against TouchBistro related to any Claim and, where applicable, you also agree to opt out of any class proceedings against TouchBistro. Without limiting the foregoing, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any Claim subject to arbitration. If you are a resident in Mexico, you hereby expressly waive any right to exercise a class action before a Mexican court against TouchBistro, pursuant to the terms of the Federal Code of Civil Procedure (CódigoFederal de ProcedimientosCiviles) and any other applicable Mexican legislation. If you have a Claim, you should give written notice to arbitrate at the e-mail address specified below or by registered mail to TouchBistro’s head office. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims shall be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts and submit to their exclusive jurisdiction, and covenant not to assert any objection to proceeding in such courts. Notwithstanding the foregoing, TouchBistro shall be entitled, at its election, to apply to a court of competent jurisdiction for interim or permanent injunctive relief, a mandatory order, restraining order, or other like relief to restrain an actual or threatened breach of this Agreement and TouchBistro’s rights under it by any party and specifically but not limited to, protection of the intellectual property, information technology, brand, trade-marks, and other proprietary material of TouchBistro or its suppliers or licensors.
19. Termination/Modification of License and Site Offerings.
Notwithstanding any provision of the Terms, TouchBistro reserves the right, without notice and in its sole discretion, without liability to you, to (a) terminate your right to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services, (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services. 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 and satisfaction with such changes. You agree that TouchBistro shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your account may involve deletion of any content stored in your account for which TouchBistro will have no liability whatsoever.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. TouchBistro may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder, and any such attempted assignment will be void and unenforceable. The Terms and our Privacy Notice constitute the sole and entire agreement between you and TouchBistro regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The parties confirm that it is their wish that the Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
21. Questions, Comments, Notices.
Should you become aware of misuse of the Services, including libelous or defamatory conduct, you must report it to TouchBistro at firstname.lastname@example.org. All other feedback, comments, questions, requests for technical support, and other communications relating to the Services should be directed to email@example.com.