Terms And Conditions

Eatance Platform Terms of Service:

By accessing or using the Eatance App (referred to as "Eatance" or the "Service"), you agree to abide by these Terms and Conditions. Eatance reserves the right to modify these Terms and Conditions at any time without prior notice. Continued use of the Service after such modifications constitutes your acceptance of the revised terms.

Eatance App Account:

  • Accurate Information: You covenant and warrant that all information provided during the creation of your Eatance account is accurate, current, and complete. You acknowledge that the provision of false, misleading, or incomplete information constitutes a material breach of these Terms and Conditions and may result in the immediate termination of your account.
  • Security of Eatance Account: You agree to maintain the confidentiality of your Eatance account credentials, including your username and password, and to prevent unauthorized access to your account. You acknowledge that you are solely responsible for all activities that occur under your account, whether or not authorized by you, and agree to notify Eatance immediately of any unauthorized use or breach of security.
  • Discretionary Access to Eatance Accounts: Eatance reserves the right, in its sole discretion, to suspend, disable, or terminate access to your Eatance account without prior notice or liability, for any reason or no reason, including but not limited to: violation of these Terms and Conditions, suspected fraudulent or unlawful activity, or actions that may harm the integrity or reputation of the Service. Eatance may, but is not obligated to, provide notice of such suspension, disablement, or termination, unless prohibited by law or deemed necessary to protect the security of the Service or its users.
  • Suspension, Termination, and Deletion of Account: Eatance may suspend, terminate, or delete your account at any time, with or without cause, in its sole discretion. In the event of suspension, termination, or deletion, you agree that Eatance shall not be liable to you or any third party for any loss or damages arising out of or in connection with such action. You may also request the deletion of your account. If you request deletion of your Eatance Customer Account, we may disable your Eatance App Account but keep the disabled Eatance App Account data for fraud prevention or other lawful purposes.

You acknowledge and agree that the termination or suspension of your Eatance account may result in the loss of access to the Service, including any credits, rewards, or benefits associated with your account, and that Eatance shall not be liable to you or any third party for any such loss.

No Unlawful or Prohibited Use:

  • Compliance with Laws: You agree to use the Eatance App in compliance with all applicable laws, regulations, and ordinances, including but not limited to those related to privacy, data protection, intellectual property, and consumer protection.
  • Prohibited Activities: You covenant and warrant that you will not engage in any activity that violates these Terms and Conditions or any applicable law or regulation. Prohibited activities include, but are not limited to:
    • Unauthorized Access: You agree not to attempt to gain unauthorized access to the Eatance App, its servers, or any other systems or networks connected to the Service, including but not limited to hacking, password mining, or any other unauthorized means.
    • Malicious Software: You agree not to upload or transmit any viruses, worms, trojan horses, or other malicious code that may disrupt, damage, or interfere with the proper functioning of the Eatance App or any other user's device or data.
    • Interference: You agree not to interfere with or disrupt the proper functioning of the Eatance App, including but not limited to spamming, phishing, or distributing unsolicited advertising or promotional materials.
    • Intellectual Property Infringement: You agree not to infringe upon the intellectual property rights of Eatance, its affiliates, or any third party, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights. This includes, but is not limited to, copying, distributing, modifying, or creating derivative works based on the content of the Eatance App without prior written authorization.
  • Monitoring and Enforcement: Eatance reserves the right to monitor your use of the Eatance App and to investigate any suspected violations of these Terms and Conditions. Eatance may take appropriate legal action, including but not limited to suspending or terminating your account, removing or disabling access to any content, or reporting any unlawful activity to law enforcement authorities.

You acknowledge and agree that any violation of these prohibitions may result in the immediate termination of your access to the Eatance App and may subject you to civil and criminal penalties under applicable law.

Intellectual Property Terms:

  • Content and Intellectual Property: All content and intellectual property rights associated with the Eatance App, including but not limited to logos, trademarks, service marks, trade names, text, graphics, images, icons, and software (collectively, the "Eatance Content"), are owned by Eatance or its licensors. You acknowledge and agree that the Eatance Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
    • Restrictions: You agree not to reproduce, distribute, modify, adapt, create derivative works of, publicly display, or publicly perform any Eatance Content without prior written authorization from Eatance or the respective rights holder. Any unauthorized use of the Eatance Content may violate copyright, trademark, and other applicable laws and may result in civil and criminal penalties.
    • No Transfer of Rights: These Terms and Conditions do not grant you any ownership or intellectual property rights in or to the Eatance Content, and all rights not expressly granted herein are reserved by Eatance.
  • User Content License to Eatance: By posting, uploading, submitting, or otherwise making available any content on or through the Eatance App, including but not limited to reviews, comments, photos, videos, and other user-generated content (collectively, "User Content"), you grant Eatance a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, display, and perform the User Content in connection with the operation of the Eatance App and the provision of its services.
    • Rights Granted: You acknowledge and agree that by submitting User Content to Eatance, you grant Eatance the right to use the User Content for any purpose, including but not limited to promoting Eatance, improving its products and services, and creating derivative works based on the User Content.
    • User Representations: You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license to Eatance and that your User Content does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.
  • Use of User Content by other Users: By using the Eatance App, you acknowledge and agree that other users may view, share, and comment on your User Content. You understand that Eatance does not control or endorse the actions of other users regarding your User Content and that Eatance disclaims all liability for any use or misuse of your User Content by other users.
    • User Responsibility: You are solely responsible for your information and any consequences of posting or sharing it on the Eatance App. You agree to indemnify and hold Eatance harmless from any claims, damages, losses, or liabilities arising out of or in connection with your information.
    • Content Removal: Eatance reserves the right, but is not obligated, to monitor, review, edit, or remove any User Content that violates these Terms and Conditions or is otherwise objectionable, in Eatance's sole discretion.

You acknowledge and agree that Eatance may retain and store your User Content for backup, archival, or other administrative purposes, even after it has been removed from public view.

Availability, Updates, and DISCLAIMERS regarding Content:

  • Availability: Eatance strives to ensure the availability of the Service, but you acknowledge and agree that Eatance does not guarantee uninterrupted access or error-free operation of the Eatance App. Technical issues, maintenance, or other factors beyond Eatance's control may occasionally affect the availability of the Service. Eatance will make reasonable efforts to minimize downtime and restore service as quickly as possible, but you agree that Eatance shall not be liable for any interruptions, delays, or disruptions in service.
  • Updates: Eatance may release updates, patches, or new versions of the Service at its discretion. You agree to install such updates promptly to maintain compatibility, security, and optimal performance of the Eatance App. Failure to install updates may result in limited functionality or access to certain features of the Service. You acknowledge and agree that Eatance may deploy updates automatically or require manual installation by users.
    • User Responsibility: You are responsible for ensuring that your device or system meets the minimum requirements for installing and running updates to the Eatance App. You acknowledge that failure to install updates may expose your device or data to security vulnerabilities or compatibility issues.
  • DISCLAIMERS regarding Content:
    • Menu Information: Eatance serves as a third-party platform facilitating the connection between users and restaurants. Eatance provides menu information, including allergy and dietary information, for informational purposes only. You acknowledge and agree that this information is provided by the respective restaurants and not by Eatance.
    • Verification: Users are encouraged to verify menu information, including ingredients, allergens, and nutritional content, with the respective restaurants or establishments directly before making any food choices or purchases. Eatance disclaims all liability for any inaccuracies, omissions, or discrepancies in menu information provided through the Service.
    • Adverse Reactions: You acknowledge and agree that consuming food items based on menu information provided through the Eatance App is at your own risk. Eatance is not liable for any adverse reactions, health consequences, or other damages resulting from reliance on menu information or the consumption of food items obtained through the Service.
    • Indemnification: You agree to indemnify and hold Eatance harmless from any claims, damages, losses, or liabilities arising out of or in connection with your reliance on menu information provided through the Service, including but not limited to allergic reactions, dietary restrictions, or other health-related issues.
    • Limitation of Liability: You acknowledge that Eatance does not provide any warranty or guarantee regarding the accuracy or completeness of menu information provided through the Service. Eatance will not be liable for any damages, including but not limited to personal injury, illness, or financial loss, resulting from reliance on such information. You agree that Eatance shall not be responsible for providing any compensation or financial assistance in the event of any mishap or incident arising from the consumption of food items obtained through the Service.

You acknowledge and agree that the foregoing disclaimers and limitations of liability are an essential part of these Terms and Conditions and that without them, Eatance would not be able to provide the Service to you.

NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY:

Eatance provides the Service on an "as is" and "as available" basis without any warranties, express or implied. To the fullest extent permitted by law, Eatance disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that your use of the Service is at your own risk and discretion.

You acknowledge and agree that Eatance operates as a third-party platform facilitating the connection between diners and restaurants for food pickup and table booking services only. Eatance does not provide food delivery services and is not directly involved in the preparation, handling, or delivery of food items.

As a third-party platform, Eatance is not liable for any food-related mishaps, including but not limited to food allergies, dietary restrictions, incorrect orders, or any medical restrictions. Eatance expressly disclaims any responsibility and will not provide any compensation for such issues.

You agree that Eatance shall not be held responsible or liable for any damages, losses, or liabilities arising from food-related incidents, including but not limited to allergic reactions, adverse health effects, or dissatisfaction with food items ordered through the Service.

You acknowledge and agree that Eatance shall not be subject to any legal claims or lawsuits related to food-related mishaps, and you hereby waive any right to sue Eatance or the Eatance App for such issues.

By using the Eatance App, you acknowledge that you have read, understood, and agree to be bound by these limitations of liability. If you do not agree to these terms, you may not access or use the Eatance App.

EXCLUSION OF INDIRECT DAMAGES and LIMITATION OF LIABILITY:

In no event shall Eatance, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Eatance App, even if Eatance has been advised of the possibility of such damages. This includes but is not limited to lost profits, loss of data, business interruption, or any other economic loss.

Eatance's total liability for any claims arising under these Terms and Conditions, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you, if any, for using the Eatance App.

You acknowledge and agree that Eatance, its affiliates, and its licensors shall not be liable for any damages, losses, or liabilities resulting from:

  • Any errors, inaccuracies, or omissions in the Eatance App or its content.
  • Any unauthorized access to or use of your Eatance account or information.
  • Any interruptions or disruptions in the availability of the Eatance App.
  • Any viruses, malware, or other harmful components transmitted through the Eatance App.
  • Any content, conduct, or actions of third parties, including restaurants and other users of the Eatance App.

By using the Eatance App, you acknowledge that you have read, understood, and agree to be bound by these limitations of liability. If you do not agree to these Terms and Conditions, you may not access or use the Eatance App.

Indemnification:

  • You agree to indemnify, defend, and hold harmless Eatance, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
    • Your use of the Eatance App;
    • Your violation of these Terms and Conditions or any applicable law or regulation;
    • Your infringement of any intellectual property rights or other rights of any third party;
    • Any content you submit, post, transmit, or make available through the Eatance App;
    • Any action taken by Eatance as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation has occurred; or
    • Your negligence or willful misconduct.
  • Eatance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Eatance in asserting any available defenses.
  • This indemnification section shall survive termination of your access to or use of the Eatance App, as well as any termination of these Terms and Conditions.
  • You acknowledge that the foregoing indemnity provisions are an essential part of these Terms and Conditions, and that without such provisions, Eatance would not provide access to the Eatance App.

For any questions related to our Terms and Condition please email us on [email protected].