LunchBunch for Restaurants Terms and Conditions

These are the terms and conditions for LunchBunch for restaurants; we also have Terms of Service for users.

In engaging in business with LunchBunch, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: "Client", "You", “the engaged restaurant” and "Your" refers to you, the person accessing the LunchBunch mobile application and website and accepting the Company's terms and conditions. "The Company", "the LunchBunch company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of using the application, in accordance with and subject to, prevailing U.S. Law. Any uses of the above terminology or other words in the singular, plural, capitalization, and/or he/she, or they, are taken as interchangeable and therefore as referring to same.

Use of Intellectual Property

The LunchBunch application reserves the right to use any and all images or text provided by the engaged restaurant in order to promote the engaged restaurant as a facet of the LunchBunch application. If the engaged restaurant does not agree with the use of a particular image, or text linked to the engaged restaurant, the LunchBunch company and the engaged restaurant will work to find a meaningful solution to the issue. The LunchBunch company does reserve the right to remove any and all material posted by the engaged restaurant it deems to be counter to the mission of the LunchBunch company.

Payment

The LunchBunch application uses Stripe, an online payment system, in order to collect its payment. Any and all payments exchanged via Stripe will be recorded and stored in the records of the LunchBunch company, but no card details ever will be stored on LunchBunch's servers. Records concerning exchanged payments with particular restaurants opting to engage with the LunchBunch company will be revealed at the discretion of the LunchBunch company. The Terms of Service for Stripe can be found at https://stripe.com/us/terms/.

Periods of Business Engagement and Payments

Restaurants engaged in business with the LunchBunch company have the opportunity to engage in business with the LunchBunch company on a subscription basis. The periods in which restaurants may engage in business with the LunchBunch company are either on a monthly or yearly basis. Payments from the engaged restaurant to the LunchBunch company will be made automatically through the aforementioned STRIPE program automatically either monthly or annually from the payment option provided by the engaged restaurant.

Transaction Confidentiality

The LunchBunch company will not share the details of its transaction with the engaged company with any third party, nor will the LunchBunch company share any information shared by the engaged restaurant outside of the LunchBunch application platform unless prior consent is given.

Cancellation

Client may cancel this Agreement at any time prior to LunchBunch's delivery of its first services, this may include, but is not limited to the first advertisement, promotional material or information concerning the engaged restaurant that LunchBunch posts to its platform.

Extent of Agreement

This Agreement represents the entire and integrated agreement between the Client and LunchBunch and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Client and LunchBunch.

Privacy Statement

We are committed to protecting your privacy. Only authorized employees within the company use any information collected from individual customers and only on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers. The U.S. government has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Any given information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities, or per restaurant deals stemming from the usage of the product. Clients have the right to request sight of and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request.

We will not sell, share, or rent your personal information to any third party or use your email address or phone number for unsolicited mail. All emails and text messages sent by the Company will be in connection with the provision of agreed services and products.

Disclaimer Notice

Exclusions and Limitations

The information on this web site is provided on an "as-is" basis. To the fullest extent permitted by law, this Company:

        -  Excludes all representations and warranties relating to this application and/or website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this application and/or website and/or the Company's literature; and

        -  Excludes all liability for damages arising out of or in connection with your use of this application and/or website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon, or any other direct or indirect, consequential, and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured in this application and/or website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this application and/or website. Redistribution or republication of any part of this application or website or their content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this application or website will be uninterrupted, timely, or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the application and website, and gather broad demographic information for aggregate use. IP addresses are not linked to personally-identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive websites, this website use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners also may use cookies.

Links from this Application and/or Website

We do not monitor or review the content of other parties' websites which are linked to from this application and/or website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our application and/or website and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this application and/or website.

Communication

Please visit https://lunchbunch.me to contact us.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the U.S. govern these terms and conditions. By accessing this application and/or website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit, and your continued use of the application and/or website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on the home page of our website. If there are any changes in how we use our application and/or website customers’ Personally Identifiable Information, notification through the application and/or website will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this application and/or website and/or undertaking of a booking or Agreement indicates your understanding of, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. By agreeing to this Terms of Service you acknowledge that you are authorized through the engaged restaurant to accept these terms, and the subsequent business engagement.



© Oakwood Software Consulting, Inc. 2015.

All Rights Reserved.