All references to “user”, “you”, “your” mean the Establishment or Patron, as applicable that access and use the Service in any manner, with “Patron” being an individual, end-user, customer, and “Establishment” being the restaurant, stadium, bar, venue or business. By accessing and using the Service, any individual user acting on behalf of an Establishment hereby confirms that such user has all necessary and legal authority to bind the Establishment. Acceptance of these Terms by such user will be deemed acceptance by the Establishment of these Terms.
YOU ARE ONLY AUTHORIZED TO USE THE SERVICE IF YOU HAVE REACHED THE AGE OF MAJORITY WHERE YOU ACCESS THE SERVICE AND AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT ACCESS OR USE THE SERVICE.
Representations About You. The Service is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through the Service. You represent and warrant to us that you have reached the age of majority where you are using the Service.
Description of “Order” and/or “Pay” Service. You acknowledge and agree that the Service includes functionality that enables a Patron to: place an order (“Order”) with an Establishment; and settle, pay for or close (“Settle”) a check, bill, tab, or owed payment (each a “Payment”) with respect to Orders or other transactions (each, a “Transaction”) with an Establishment. You acknowledge that each Transaction you enter into is a legally binding agreement between you and the other user and that Ready is not a party to such Transaction. The Establishment is responsible for fulfillment of each Transaction and any associated issues with items ordered and/or served. PATRONS: READY ASSUMES NO LIABILITY FOR THE FOOD OR BEVERAGE YOU ORDER OR RECEIVE AS PART OF THE TRANSACTION, INCLUDING IF YOU HAVE SUBMITTED NOTES OR SPECIAL REQUESTS THROUGH THE SERVICE. IF YOU HAVE FOOD ALLERGIES OR SENSITIVITIES, IT IS YOUR RESPONSIBILITY TO VERIFY WITH THE ESTABLISHMENT THAT YOUR SPECIAL REQUEST HAS BEEN RECEIVED. ESTABLISHMENTS: READY ASSUMES NO LIABILITY WITH RESPECT TO YOUR COMPLIANCE WITH APPLICABLE LIQUOR LICENCE AND SERVING OBLIGATIONS. THE SERVICE MAY INCLUDE FUNCTIONALITY THAT ASSISTS YOU IN MANAGING SERVING RESTRICTIONS, BUT IT IS YOUR RESPONSIBILITY TO SET IT ACCURATELY AS THE SERVICE WILL BE PROVIDED ONLY AS IT IS CONFIGURED.
Description of “Ready Order.” You acknowledge and agree that Ready Order is a tool that allows a Patron to place an Order with an Establishment, with either a pre-pay or post-pay option at the discretion of the Establishment.
Description of Waitlist. You acknowledge and agree that Waitlist is a tool that provides waitlist management for Establishments and facilitates communication between Establishments and Patrons in that regard.
Description of Ready Websites. You acknowledge and agree that Ready Websites is a tool that allows Establishments to create their own custom website.
Description of “Ready Instant Reviews.” You acknowledge and agree that Ready Instant Reviews is a tool that allows Patrons to submit star ratings and written reviews to the Establishment that may be viewed by Establishment’s management or servers on the floor.
Third Party Payment Processing. Ready is a technology provider. It is not a bank, credit union, payment processor or other financial institution. Payment processing services for users on Ready are provided by the payment processor selected by each Establishment (“Payment Processor”).
Licence Grant. Subject to these Terms, Ready hereby grants you a limited, non-exclusive and nontransferable licence to, where applicable, download, install, display, perform, access and use the Service, which (a) for Patrons, includes access to and use of the Service on a smart phone, tablet or other mobile device that you own or control and (if applicable) creating and using an account on the Service (“Account”), both for your own use; and (b) for Establishments includes access to and use of the online portal, download of the “Station app” on the Hardware (if provided) and any other devices or tablets required for you to be able to access and use the Service, and creating and using an Account, both for the sole use of the Organization (which includes use by the Establishment’s employees, contractors, and agents (“Authorized Representatives”)). You shall use the Service only in compliance with these Terms, Ready’s standard policies then in effect and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity and defamation).
You shall be responsible for obtaining and maintaining any equipment, including any Hardware, and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, web servers and web services (collectively, the "Equipment"). You shall be responsible for ensuring that such Equipment and services are compatible with the Service and comply with all configurations and specifications set forth in our published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, ancillary services, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account, the Service or the Equipment with or without your knowledge or consent.
You shall not:
Reservation of Rights. You acknowledge that the Service is licensed, not sold, to you. Ready reserves all rights in and to the Service not expressly granted to you under this Agreement. You do not acquire any ownership interest in the Service under these Terms. Ready and its licensors and service providers reserve and retain the entire right title and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The word marks “READY” and the “Ready” logo and all associated marks and logos displayed within the Service are our (or our licensor’s) trademarks (unless otherwise noted).
The following rules govern the security of your Account:
User Content. By displaying, submitting, making available, uploading, or publishing content or feedback (“User Content”) including reviews on, about, or via Service, you expressly grant us a royalty-free, worldwide, transferable, sub-licensable (through multiple tiers of distribution), irrevocable and perpetual license to display the User Content and to use, copy, modify, distribute, or otherwise exploit such User Content for any of our business purposes now known or hereafter devised without further notice to, payment to, or consent from you or any other entity. You also agree and acknowledge that such User Content may be made available to Establishments. You represent and warrant that (i) you either are the sole and exclusive owner of all User Content or they have all rights, licenses, consents and releases necessary to grant us the foregoing licence; and (ii) neither the User Content, nor the uploading, publishing or posting of the User Content, nor our use of the User Content will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to publish or post on or through the Service any User Content that is defamatory, misleading, hateful, pornographic, unlawful or offensive content (as determined by us in our sole discretion), whether or not such material may be protected by law. We do not accept liability in respect of any User Content. You will be personally liable for any damages or other liability arising from your User Content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without any notice to you.
Patrons. If you are a Patron, the following provisions apply:
Establishments. If you are an Establishment, the following provisions apply:
Availability of Service. Ready may change, suspend or discontinue the Service at any time, including the availability of any feature, by giving you advanced notice of such change either via email or posted on the Service.
Transaction Data. We may (and you authorize us to) store, access, use, process, and transmit data related to your use of the Service, including Transactions enabled by Service and related Transaction information, including item descriptions, price, tax and tip amounts (“Transaction Data”). We may (and you authorize us to) obtain Transaction Data directly from you, the other parties engaged in the Transaction, and/or indirectly, such as via an Establishment’s point-of-sale system.
Maintenance. Scheduled system maintenance may take place from time to time, and during such time, the Service or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the Service is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.
Updates. Ready may develop and provide Service updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. Ready has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Service and subject to the terms of this Agreement.
Communications. When you set up an Account and/or provide us with your contact information, you consent to receive communications from us regarding your Transactions. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must [Contact Us.] You may opt out of receiving messages that are primarily commercial in nature at anytime, but in order to stop receiving all messages from Ready (including messages related to Transactions and your Account), you will need to terminate your Account. If you enable the Service to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.
Push Notifications. Ready may send you “push notifications” if you opt-in and your device supports such communications. Should you wish to stop receiving push notifications, you may turn off these notifications through your Account or the applicable settings on your device.
Limitations on Availability. The Service is based in North America and is provided for access and use by persons in North America. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Term, Termination, and Modification. These Terms and the license and other rights granted herein commence when you start using the Service and continue until terminated by Ready or you . Unless otherwise agreed by you and Ready in writing: (a) you may terminate this agreement by deleting all instances of the Service and all copies of it from your mobile device and/or ceasing to utilize the Service; and (b) Ready may terminate this agreement at any time without notice in its sole discretion, withdraw your Account and suspend, restrict or withdraw any or all Service to you, including if it ceases to offer the Service, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Service and destroy all copies, full or partial, of instances of the Service. You acknowledge that Ready may restrict, modify, or terminate these Terms, without liability, for its convenience, or if you violate these Terms or any law, rule, or regulation.
Disclaimers and Limitations of Liability. This section is important – please read it carefully - it limits Ready’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
(a) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE (AND OUR AFFILIATES AND THEIR AND OUR OFFICERS, DIRECTORS, AGENTS AND ASSOCIATES) (collectively, the “Ready Parties”) HEREBY DISCLAIM (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OUR IMPLIED WARRANTIES WILL BE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW AND WE WILL ADHERE SOLELY TO THE MINIMUM AMOUNT OF IMPLIED WARRANTIES NECESSARY TO COMPLY WITH APPLICABLE LAW.
(b) Limitation of Liability. THE READY PARTIES WILL NOT BE LIABLE FOR ANY (I) INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES OR ANY SIMILAR DAMAGES INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR RELATING TO THESE TERMS OR THE SERVICE, (II) DAMAGES DUE TO USE, PERFORMANCE OR OPERATIONS OF THE INTERNET OR USE OF THE INTERNET BY YOU; (III) LOSS OF DATA; (IV) LOST PROFITS; (V) BUSINESS INTERRUPTION; (VI) DAMAGES PURSUANT TO ANY THIRD PARTY TERMS AND CONDITIONS, OTHER THAN AS AGREED IN THIS AGREEMENT; OR (VII) CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE SERVICE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR REQUIRE EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY THAT ARE DIFFERENT THAN THOSE SET FORTH IN THIS SECTION (b), OURLIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Release and Indemnification. You agree to indemnify, save, and hold the Ready Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Force Majeure. Without limiting the generality of the preceding limitations, we have no liability for any failure or delay resulting from any condition reasonably beyond our control, including but not limited to power grid failure, Internet service disruption, labor strikes or lock-outs, governmental action, acts of terrorism, war, coup, civil unrest, earthquake, hurricane, tsunami, fire, flood or other acts of God.
Disputes Between Users. You are solely responsible for your interactions and Transactions with other users of the Service. You hereby agree to look solely to such other users and for any claim, damage or liability associated with any Transaction commissioned via the Service and expressly waive and release Ready from any and all claims, damages and liabilities arising out of any act or omission of any other user or third party.
Export and Other Restrictions. You will not export, import, use, transfer or re-export the Service except in compliance with the laws and regulations of the national and/or other (sub-national and/or supranational) government authorities with authority over the country(ies) and/or territory(ies) from which the Service is being exported or to which the Service is being imported (collectively, the "Government Authority(ies)"). Without limitation, the Service will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; (c) contrary to Canada's Export Control List Item 5505; (d) to countries subject to U.S. economic sanctions and embargoes, or that have been designated by the United States Government (the “Government”) as a “terrorist supporting” country; and (e) to persons or entities prohibited from receiving U.S. exports or U.S.-origin items.
If you use or acquire the Service on behalf of any unit or agency of the Government, this provision applies. The Government acknowledges our representation that the Service was developed at private expense and no part of it is in the public domain. The Government acknowledges our representation that the Service comprises “Restricted Computer Software” as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is “Commercial Computer Software” as that term is defined in Subpart 227.401 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that: If the Service is supplied to the Department of Defense (DoD), the Service is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Service and its documentation as that term is defined in Clause 52.227-7013(c)(1) of the DFARS, and If the Service is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Service and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013, and when applicable subparagraphs (a) through (d) of the Commercial Computer-Restricted rights clause at FAR 52.227-19.
Updates to the Terms. We reserve the right to modify these Terms at any time. We may provide you with notice of such modifications, by sending you an email message or posting a message on the Service. Your continued use of the Service will signify your acceptance of the modifications to the Terms.
Assignment. Ready may assign its rights and obligations under these Terms and/or these Terms to another entity.
Law and Jurisdiction. These Terms and any dispute arising out of or related to them or the Service will be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ready must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.
Contact Us. Please contact us at firstname.lastname@example.org or (888) 888-8170 ext. 8140 if you have any questions regarding this Agreement.