All references to “user”, “you”, “your”, “Establishment” or “Patron”, as applicable, mean the person and/or the company, organization, enterprise, establishment or business (the “Organization”) the person represents (including any successors and assigns thereof) that access and/or use the Service in any manner. By accessing and using the Service, you hereby confirm that you have all necessary and legal authority to bind the Organization. Your acceptance of these Terms will be deemed acceptance by the Organization of these Terms.
YOU ARE ONLY AUTHORIZED TO USE THE SERVICE IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT ACCESS OR USE THE SERVICE OR INSTALL THE APP.
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 are at least 18 years of age.
Description of App. You acknowledge and agree that the App is a tool that enables users (“Patrons”) to make purchases and to settle, pay for or close (“Settle”) a check, bill, tab, owed payment or other transaction (each a “Transaction”) with other users (each, an “Establishment”), including but not limited to stadiums, restaurants, or bars. 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.
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.
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.
Acknowledgement of Patrons. You acknowledge that, while the Transaction is between you and the relevant Establishment, the Establishment has authorized us to facilitate certain aspects of the Transaction on its behalf. You should direct any questions, claims or disputes about the Transaction to the Establishment, but please contact us if you have any questions about the Service. We are not responsible for examining or evaluating the quality, or any other aspect of the products or services offered by or purchased from any Establishment and will not have any liability or responsibility to you or any other person therefor. Any Establishment that allows you to use the Service to Settle a Transaction retains the right to settle the Transaction through other means should you fail to properly Settle your Transaction either as a result of your failure to use the Service to Settle the Transaction or if the Service does not properly process your payment. Any Establishment that allows you to Settle the Transaction via the Service retains the right to request that you authorize such settlement by other means including, but not limited to, signing a printed receipt or delivering a final check, bill or tab to you. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the Service to Settle a Transaction, any chargeback for such charge shall apply to such Establishment and that we will not have any liability to you.
Acknowledgement of Establishments. You agree that payments due to you with respect to each Transaction will be processed by Stripe through the Service and deposited to the bank account linked to your Stripe account. Ready shall not be liable to you for any loss resulting in the failure to pay you if for any reason whatsoever, any payments payable by a Patron are not received by you or are required to be returned to the Patron, such as in the event of insufficient funds, fraudulent credit card use, the card company or bank of the Patron failing to process correctly the payment or a failure on Ready’s side to take or make a payment when it is outside Ready’s reasonable control. You agree and acknowledge that you will assume all responsibility for chargebacks.
Licence Grant. Subject to these Terms, Ready hereby grants you a limited, non-exclusive and nontransferable licence to download, install, display, perform, access and use the Service, which (a) for Patrons, includes download of the App on a single 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 download of the 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 Login Information:
User Content. By displaying, submitting, making available, uploading, or publishing content or feedback (“User Content”) 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 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.
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 Stripe.
Fees and Billing. Ready may collect the following fees (“Transactional Fees”) from Establishments: a percentage of the Patron Payment Amount on each Transaction, a flat fee on each Transaction, or a combination of both, as agreed upon between you and Ready in writing. The Fees are subject to change at Ready’s sole discretion. The Fees are in addition to any Stripe Fees. Ready may collect a monthly subscription fee (“Monthly Fee”) for different aspects of the Service that will be invoiced on a monthly basis. Sales tax is applicable on Transactional Fees and Monthly Fees and payable by the Establishment based on the tax applicable in the jurisdiction where the Transaction occurs or you are located, as applicable. We reserve the right to suspend or terminate your access to the Service if you are delinquent in paying your Transactional Fees, Monthly Fees or any amounts owing to Ready (“Delinquent Fees”). Delinquent Fees are subject to interest charges of 12% per annum on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or Ready initiates termination of these Terms, you will be obligated to pay the balance due on account computed in accordance with this section. You agree that we may charge Delinquent Fees and interestthereon to your Stripe Account or otherwise bill you for the same. You agree and acknowledge that we have no obligation to retain your data and that such data may be irretrievably deleted if your Account becomes delinquent.
Default Gratuity. As a Patron, you acknowledge and agree that we may pre-set a suggested gratuity to be added to your bill (“Default Gratuity”). You can change the Default Gratuity percentage at any time. While you have the ability to adjust the gratuity percentage for each transaction, you agree that the Default Gratuity percentage will be applied for each Transaction unless you modify it.
Pending Charges; Test Authorizations. We may place an authorization hold on your linked card(s) in connection with each transaction or attempted transaction you make via the App to confirm the card is valid as part of our verification process. The authorization hold may temporarily appear on your linked card(s), but such hold will expire in accordance with the timeframe set forth by the issuer of the linked card(s) or our payment processor.
Refunds. As a Patron, you acknowledge and agree that Ready does not provide refunds via the Service. You hereby agree to seek any refunds of Transactions directly from the Establishments or your credit card company.
Acknowledgements Regarding Apple, Inc., Google Inc. and other App Store Providers. You acknowledge that these Terms are between you and Ready and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that Ready (not the applicable App Store Provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that App Store Provider have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that App Store Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.
If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries are third party beneficiaries. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Transaction Data. We may (and you authorize us to) 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”). If you are a Patron, Transaction Data may include Establishments you patronize and information about the other users with whom you go to Establishments or use the App. 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 shall take place from time to time, and during such time, updates the App 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 App is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.
Updates. Ready may, but is not required to, 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. You agree that Ready has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet, the App may automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the Service or any of its features may not operate properly if you fail to install Updates and Ready may, in its sole discretion, cease supporting prior versions of the App after an Update is made available. 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 the App enables you 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 your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from Ready and our third party partners. Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device.
Third Party Offerings. To enjoy certain third party offerings made available in the Service, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Service, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings. Further, the Service may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Service, you acknowledge and agree that is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Ready does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
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.
Hardware. If Hardware is provided to you by Ready as part of the Service, you agree that the Hardware is and shall remain the exclusive property of Ready and you further agree that you will:
You authorize Ready to deduct from your Stripe Account all amounts owing to Ready with respect to the Hardware, without any notice to you.
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. 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. 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 support the App or 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, OURIMPLIED 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.