I. LunchPoint.com: Terms and conditions

Effective 09 October 2017

Introduction

This document is the terms and conditions (hereinafter the “Terms and Conditions” or the “T&Cs”) for the website: lunchpoint.com and/or SaaS platform ‘LunchPoint’ and/or mobile/desktop application (jointly or separately should be referred to as ‘Website’) and forms a binding agreement between the Operator (‘LunchPoint’, Nosko Services LLP, ‘We’) and the Client (‘you’). The Privacy Policy and Cookie Policy form the integral parts of the T&Cs.

By using Website, you confirm that you accept these T&Cs and that you agree to comply with them.

If you do not agree to these T&Cs, you must not use the Website, and/or terminate the T&Cs as set forth in the T&Cs respectively.

Services

The website: lunchpoint.com and/or SaaS platform ‘LunchPoint’ and/or mobile/desktop application ‘LunchPoint’ is a platform that enable you to contact the dining and food establishments listed on the platform, whereas we are acting mere as the intermediary as regards the reservations and provide the respective informational services.

The Services are provided to you on the unpaid basis in the form of real time online database, accessed at Website. We also allows you to cancel their reservation in the event of unforeseen circumstances.

By our Website we enable you to search and reserve services of an online restaurants in exchange for unconditional acceptance of these T&Cs.

Your registration or provision of any personal data and the use of the Services provided via or with the use of the Website are regulated by these T&Cs, other terms placed on the Website or indicated during the procedure of registration and/or procedure of the Service ordering, as well as other documents indicated within the provisions of these T&Cs or linked to these T&Cs as per their provisions.

You declare and acknowledge having fully read these T&Cs. Furthermore, by using any of the services offered on Website, you unconditionally accept to be bound by these T&Cs.

We reserve the right to amend these T&Cs at any time, in whole or in part. It is therefore your responsibility to regularly consult the latest version of the T&Cs posted on the Website. You are deemed to accept this latest version upon each new use of the Website.

By accessing or using the Website in any way, you agree to be bound by these T&Cs. If you do not agree to all or any of these T&Cs, you may not use the Website and/or order the Services via or with the use of the Website .

We undertakes to provide you with the necessary and sufficient information on the Services’ provision, whereas you undertake to accept Services upon and subject to the T&Cs contained herein.

Eligibility

If you reside in a jurisdiction that restricts use of the Services or the ability to enter into agreements because of age, you must abide by such age limits and not use the Services. By using and accessing the Services, you represent and warrant that you are at least 18 years old or, if you are under the age of 18, that you are using the Services under the supervision of an adult who is at least 18 years of age, in which case the adult is deemed the user of the Services. Without limiting the foregoing, the Services are not available to persons under the age of 12 and if you are under the age of 12, you may not use the Services under any circumstances or for any reason. The Services are offered only for your personal, non-commercial use, and not for the benefit of any third party. You may not authorize others to use your account nor may you assign or otherwise transfer your account to any other person or entity. When using the Services, you agree to comply with all applicable laws. We may, in its sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.

Your Account

You may access certain parts of the Services without creating an account. However to submit reservation requests to participating restaurants and use the payment services, you must sign up for the Services by creating an account (an “Account”). When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with us. Signing up for multiple Accounts, including by using the same phone number to create multiple Accounts, and/or your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in, without limitation, your inability to access and use the Services, the deactivation of your Account(s), and/or termination of this Agreement with you, which may, among other things, result in the cancellation of any confirmed or pending reservations and loss of any promotions or credits associated with such Account(s), for which we will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You may never use another person’s Account or Account Information for or in connection with the Services without permission. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security related to your use of the Services, as well as any change in your eligibility to use the Services.

SMS and text messages from us

By providing us with your mobile phone number when you sign up for the Services and create an Account, you are expressly opting-in to receive SMS and text messages from us relating to the Services. For example, we may send you SMS or text messages about your account and reservation requests you make through the Services. You acknowledge that messaging and data rates may apply depending on your mobile phone service provider and that you are solely responsible for paying for any such SMS text messaging fees. You may opt-out of receiving SMS text messages at any time by emailing us at info@lunchpoint.com or by texting STOP in response to the text messages you receive. However, by opting-out of receiving text messages, we may have to temporarily suspend your account, during which time you will no longer be able to use the Services.

Reservations

Our Services is designated to assist you with securing a reservation at participating third party restaurants (“Restaurant”). When you request a reservation at a Restaurant, the reservation is not confirmed until you receive a confirmation on or through the Services. Once confirmed, you agree to honor the reservation by arriving on time and by paying for a meal. You also agree not to book more than one reservation for your personal use during any one meal time and agree that you will not resell or attempt to resell any reservations made through the Services. If you need to modify a confirmed reservation, please email info@lunchpoint.com or respond to the SMS text messages from us at any time. We will work with the Restaurant to make the requested modification(s); however, please note that Restaurants cannot always accommodate modifications and all modification requests are subject to availability and confirmation by the Restaurant. By providing your email address and mobile phone number during the account registration process, you are consenting to receive communications (including SMS text messages) from us at that email address and mobile phone number, including but not limited to communications about reservation requests and modifications to reservations.

You may cancel a pending reservation request that has not yet been confirmed at any time without penalty. Once your reservation is confirmed, however, the Restaurant is setting aside a table especially for you and you agree to honor the reservation by arriving at the Restaurant on time and paying for a meal. Although we understand that plans change, if you cannot honor a confirmed reservation, you must cancel that reservation through the Services at least four (4) hours before the start time.

Please also note that unless otherwise stated, we (and any Restaurant at which you have made a reservation with through the Services) reserve the right to cancel your reservation if you do not check in within fifteen (15) minutes after your reservation time.

We may offer reservations for special events or occasions, including, without limitation, reservations for pop-up restaurants, pre-fixe dinners, chef’s tables, and/or various other types of dining options at concerts, festivals or other events (“Special Event Reservations”). In addition to the terms in this Agreement, Special Event Reservations may be subject to different and/or additional terms and conditions, including without limitation, with respect to payment, refunds, transferability, cancellations, missed reservations, minimum age requirements, and available dietary accommodations. Any different and/or additional terms and conditions applicable to Special Event Reservations will be set forth in the listing for the Special Event in the app and/or under the “Cancellation Policy” tab in the listing for the Special Event, if applicable. Special Event Reservations are also subject to any and all terms imposed by the applicable restaurant, venue operator, and/or promoter of the Special Event. Once a Special Event reservation is confirmed, you agree to be bound by any and all terms and conditions applicable to such Special Event Reservation. Notwithstanding the booking of a Special Event Reservation through Reserve, the restaurant, venue operator, and/or event promoter may cancel any Special Event. Where Special Events are held at outdoor venues, you assume the risk of inclement weather and acknowledge that Special Events may be held regardless of weather conditions, as determined by the venue operator and/or event promoter.

Promotions

We allow you, provided that the reservation is made through our Website, to benefit from promotional offers provided by the restaurants on the Website. Not all restaurants have promotional offers. The conditions of validity of such promotional offers are set out on the Website. You undertake to verify the conditions of validity of a promotional offer before reserving on the Website and in no case may claim the benefit of a promotional offer from the restaurant outside the conditions of validity as they are set out on the Website, and/or outside the reservation procedure containing the promotional offer.

One condition of validity is that you and your entire party must arrive at the restaurant reserved at the time reserved. If you and all your guests do not show up at the restaurant within 15 minutes of the reserved time, the restaurant may choose to not apply the promotional offer associated with the reservation for you and your party. For the sake of clarity, this means that if you or any of your guests is more than 15 minutes late, you and your entire party will lose the automatic benefit of the promotional offer and the restaurant may decide whether or not to apply the promotional offer to all or some of the guests.

Application licensing

Before downloading or streaming the applications from this Website you should carefully read and agree to the following provisions:

We license use of the Application and Documents to you on the basis of this end-user license agreement. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

The phone or other hand held mobile device or desktop on which you download the Application (“Device”) requires a minimum of 29.15MB of memory, internet access, iOS or Android operating systems.

By downloading the application from this Website or clicking the ‘accept’ button you agree to the terms of these T&Cs, which also form end-user license agreement and which will bind you. If you do not agree to the T&Cs, we are unwilling to license the application to you and must discontinue the downloading process now by clicking on the ‘cancel button below. In this case the downloading process will terminate.

The terms of this license agreement apply to the Application or any of the services accessible through the Application (Services), including any updates or supplements to the Application, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Application or any Service, the terms of an open-source licence may override some of the terms of this Application.

We may change these terms at any time by sending you an e-mail and/or SMS with details of the change or notifying you of a change when you next start the Application. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

From time to time updates to the Application may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Application and accepted any new terms.

You will be assumed to have obtained permission from the owners of any device that is controlled, but not owned, by you and onto which you download or stream a copy of the Application onto the devices. You and they may be charged by your and their service providers for internet access on the device. You accept responsibility in accordance with the terms of this license agreement for the use of the Application or any Service on or in relation to any device, whether or not it is owned by you.

By using the Application or any of the Services, you consent to us collecting and using technical information about the devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

In consideration of you agreeing to abide by the terms of this license agreement, we hereby grants to you a non-exclusive, non-transferable license to use the Application on the devices and the Documentation on the terms of this license agreement.

You may:

  • download or stream a copy of the App onto a single Device and to view, use and display the App on that Device for your personal purposes only; and
  • use the Documents for your personal purposes only.

Except as expressly set out in this license agreement or as permitted by any local law, you undertake:

  • not to copy the Application or Documentation except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Documentation;
  • not to make alterations to, or modifications of, the whole or any part of the Application, nor permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Application nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
  • is used only for the purpose of achieving inter-operability of the Application with another software program; and
  • is not unnecessarily disclosed or communicated without the Licensor’s prior written consent to any third party; and
  • is not used to create any software application which is substantially similar to the Application;
  • to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application;
  • to include the copyright notice of the Licensor on all entire and partial copies you make of the App on any medium; and
  • not to provide or otherwise make available the Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior consent from the Licensor.

You must:

  • not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this license agreeemnt, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service (to the extent that such use is not licensed by this license agreement);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application or any Service;
  • not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

You acknowledge that all intellectual property rights in the Application and the Documentation anywhere in the world belong to the Licensor or are validly licensed to the Licensor, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application or the Documentation other than the right to use them in accordance with the terms of this license agreement.

You acknowledge that you have no right to have access to the Application in source code form.

You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

We only supply the Application and Documents for domestic and private use. You agree not to use the Application and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for any loss or damage you suffer that is a foreseeable result of our breach of this license agreement or our negligence up to the amount specified in condition 7.4.

We may terminate this license immediately by written notice to you if you commit a material or persistent breach of this license agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

Upon termination for any reason:

  • all rights granted to you under this license agreement shall cease;
  • you must cease all activities authorised by this license agreement; and
  • you must immediately delete or remove the Application from all devices, and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the App then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.

Free Use of Website

The services offered on the Website are generally free.

Tariffs may be applicable, in particular depending on changes to the services offered, the evolution of the network, and of technical and/or legal constraints. You will be duly informed by an amendment to these T&Cs and/or by the insertion of special conditions relative to the paid-for services on Website.

Third party sites and services

You acknowledge that the Website refers to paid-for services. In particular, any reservation made on the Website refers to a restaurant service performed by a third party restaurateur for which payment is required.

Any price or price range concerning a third party provider displayed on he Website is provided for information purposes only and for convenience. In no event shall we guarantee the accuracy of such information.

Links to third party sites

The Website may contain links to sites managed by third parties. These links are for information only. We do not control these sites and are not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval of the elements on these sites nor any association with the publishers of these sites. It is your responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.

Access and Use of the Website

Use of the Website is subject to the following cumulative eligibility requirements: as a User (i) you are at least 18 years of age; (ii) you have the legal capacity to submit to be bound by legal obligations; (iii) and the reservations that you make on the Website, for you or any other person for whom you are legally entitled to act, will be legitimate.

We reserve the right to suspend, delete or modify all or part of the Website or the services offered on the Website without prior notice. We also reserve the right to suspend access to the Website for all or any Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time.

By opening an account, you expressly and unreservedly accept these T&Cs.

You undertake to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name, email address and telephone number, which are necessary for their proper identification in relation to the opening and maintenance of their account.

Confidentiality of account credentials

During the creation of their account, you choose an ID and a password (‘Credentials’) enabling them to access their account.

The Credentials are personal and confidential. They can only be changed at the request of you concerned or at our initiative.

You are solely and entirely responsible for the use of their account and the Credentials concerning them, and undertake to do everything possible to keep their Credentials secret and to not disclose them to anyone in any form whatsoever.

In the event of loss or theft of one of a your Credentials, that you are liable for any consequential damage of this loss or theft, and must follow, as soon as possible, the procedure enabling them to be modified, which can be found on the page at .

Prohibited Actions

You agree to use the Website in accordance with these T&Cs and applicable law. In particular, you agree not to engage in the prohibited actions mentioned below:

  • Failing to go to the restaurant without cancelling the reservation (no-show).
  • The content and data of the Website (including but not limited to messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to provide such content and information, belongs to us; you agree not to modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through the Website.
  • The copying, transmission, reproduction, re-issue, redistribution or transmission of the content of the Website, in whole or in part, without the prior written permission is strictly prohibited. To obtain this authorization, contact us at the following address: info@lunchpoint.com

Furthermore, you undertake to not:

  • use the Website or its contents for illegal, illegitimate or fraudulent purposes;
  • submit User Content or Restaurateur Content to the Website that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder;
  • use, monitor, extract or copy the architecture, content or data of the Website or the actions of any user on the Website by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose;
  • violate restrictions regarding robot exclusion files on the Website or circumvent measures to prevent or limit access to the Website;
  • take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of the Website;
  • establish an invisible link to the Website for any reason;
  • ‘frame', ‘reflect' or incorporate any portion of the Website into another site; and
  • attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by us in connection with the Website or its services.

Modifications to the Services

We reserve the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site or Application, including with respect to participating Restaurants. We shall have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.

Intellectual Property Ownership

We alone shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by us. Our name, our logo, and the product names associated with the Application and Services are our trademarks or third parties, and no right or license is granted to use them.

Warranty Disclaimer

WE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR APPLICATION. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RESERVE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Technical Requirements Internet Delays

Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by us in connection with the Services. We do not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. OUR SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and (at our request) defend us, our affiliates, and each of our and their representatives, agents, directors, managers, officers, employees, contractors, suppliers, partners, and shareholders, from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including attorneys’ fees), that arise from or relate to your use misuse of, or access to, the Services, our Content, or otherwise from your User Content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON WITH RESPECT TO THE SERVICES (A) FOR ANY LOST PROFITS, LOSS OF GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (C) RELATED TO YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, POLICIES, COMPLIANCE, NON-COMPLIANCE, ACTS OR OMISSIONS OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES, OR (D) FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

Release

Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or from any product or service of any Restaurant. You hereby release us from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against us pertaining to the subject matter of this Section.

Modification of the Website

Given the interactivity of the Website, all information it contains is subject to change at any time, without this engaging our responsibility.

Use of the Website

Due to the specific nature of the Internet, we do not warrant uninterrupted access to the Website or service continuity, the only obligation of us being one of reasonable endeavors in this respect.

We shall not be liable for any failure to access the Website or for any damage or loss arising out of the use or inability to use the Website or its content, except as provided by law.

We do not warrant that the information displayed is detailed, complete, verified or accurate. The Restaurateur Content, information, restaurant pages and, in general, any content on the Website are provided ‘as is’ without any express or implied warranties of any kind whatsoever.

You expressly acknowledge that the photos on the Website are not contractual.

You generally accept and acknowledge that the reservation with a restaurant is not guaranteed. Accordingly, we do not guarantee the effectiveness of the reservation service. Availability is checked in real time via computer. However, as we cannot physically verify the accuracy of the information collected and/or provided by the restaurants, you agree that we cannot be held liable if you fail to benefit from the services of the restaurant. Indeed, the settings of the real-time reservation software depend partly on the information provided and/or recorded by the restaurant and may not correspond to reality. Thus, for example and without limitation, you acknowledge and accept that we are in no way liable if the reservation is cancelled, the establishment is closed (for whatever reason), or where any third party refuses to provide any service, for any reason whatsoever.

Similarly, you accept that we are in no way liable if you fail to benefit from promotions or special offers proposed by a restaurant. You acknowledge and accept that we are in no way liable in the event that the restaurant does not honour a promotion or a special offer for any reason whatsoever.

Miscellaneous

Assignments. You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder without written consent from us. We may transfer, assign, or delegate this Agreement and any of our rights and obligations without consent.

Entire Agreement. This Agreement comprises the entire Agreement between you and us and supersedes all prior or contemporaneous, negotiations, discussions, understandings, or agreements, whether written or oral agreements, between the parties relating to the subject matter of this Agreement.

Severability. If any term or provision of this Agreement is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.

No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.

Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.

No Waiver. Our failure to exercise, in any way, any right hereunder shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Notices. We may give you notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication sent by first class mail or pre-paid post to your address on record for your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending a letter, delivered by nationally recognized overnight delivery service or first class postage prepaid mail, to us at the following address: info@lunchpoint.com

Governing law

The collection, dissemination and use of users’ personal data are governed by the applicable laws of England and Wales unless otherwise stipulated by applicable law.

Amendments

We reserve the right to amend or supplement this T&Cs at any time without warning and notifying you on such amendments and supplements. You undertake from time to time to check this web-page for the purpose of such amendments and supplements’ tracking.

The updated T&Cs takes effect from the date of its posting unless otherwise provided by the provisions of the updated T&Cs.

II. LunchPoint.com: Privacy policy

Effective 09 October 2017

Introduction

This document is a privacy policy (hereinafter the “Privacy Policy” or the “Policy”) for the website: lunchpoint.com and/or SaaS platform ‘LunchPoint’ and forms a binding agreement between the Operator (‘LunchPoint’, Nosko Services LLP, ‘We’) and the Client (‘you’), while being an integral part of the T&Cs. All terms of T&Cs (including definitions) are applicable herein unless otherwise stipulated within the provisions of the Policy.

By using website and/or SaaS platform, you confirm that you accept this Policy and that you agree to comply with it as well as you expressly consent to the processing of your personal data in accordance with this Privacy Policy.

If you do not agree to this Policy, you must not use the website and/or SaaS platform, and/or terminate the Policy and T&Cs as set forth in the Policy and T&Cs respectively.

Cookies files

Cookies policy is determined separately and forms an integral part of the T&Cs.

Personal data

  • We may collect and process the following data about you:
    Data you give us. You may give us data about you by filling in forms on website and/or SaaS platform or by corresponding with you by phone, e-mail or otherwise. It includes data you provide when you register to use website and/or SaaS platform, subscribe to Service, place an order on the website, and when you report a problem with website and/or SaaS platform. The data you give us may include your name, title, employment records, address, e-mail address and phone number, financial and credit card data, personal description and photograph.

  • Data we collect about you. With regard to each of the visits to website and/or SaaS platform we may automatically collect the following data:

    • technical data, including the Internet protocol (IP) address used to connect the your computer to the Internet, your login data, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • data about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from website and/or SaaS platform (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction data (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Data we receive from other sources. We may receive data about you if you uses any of the other services we provide. We are also working closely with third parties (including but not limited to business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search data providers, credit reference agencies) and may receive data about you from them.

Uses made of the personal data

    • We use data held about you in the following ways:
      Data you give us. We will use these data:
      • to carry out our obligations arising from T&Cs and/or any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
      • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
      • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you.
      • to notify you about changes to our service;
      • to ensure that content from our website and/or SaaS platform is presented in the most effective manner for you and for your computer.
    • Data we collect about you. We will use this data:
      • to administer our website and/or SaaS platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      • to improve our website and/or SaaS platform to ensure that content is presented in the most effective manner for you and for your computer;
      • to allow you to participate in interactive features of our service, when you chooses to do so;
      • as part of tour efforts to keep our website and/or SaaS platform safe and secure;
      • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
      • to make suggestions and recommendations to you and other users of our website and/or SaaS platform about goods or services that may interest you or them.
    • Data we receive from other sources. We may combine these data with information you give us and information we collect about you. We may use these data and the combined information for the purposes set out above (depending on the types of information we receive).

Sharing or disclosing personal data

We share your personal data in the following ways:

  • Affiliates. Your personal data may be accessible to all our affiliated companies worldwide for the purposes described in this Policy.
  • Agents, representatives, vendors, suppliers, sponsors, societies and business partners. Your personal data may be accessible to our agents, representatives, sponsors and entities for which we are acting as an agent, licensee, joint venturer or publisher.
  • Service providers. Your personal data may be accessible to our service providers and suppliers, which assist us with producing and delivering our products and services, operating our business, and marketing, promotion and communications. These providers and suppliers include, for example, editors, reviewers, credit or debit card processors, customer support, email service providers, IT service providers, financial services and shipping agents.
  • Other third parties. We may share personal data with other third parties if we expressly told you about such potential disclosure at the point at which you submitted the personal data to us.
  • Compliance with law and similar obligations. We may share personal data in order to: (i) respond to or comply with any law, regulation, subpoena or court order; (ii) investigate and help prevent security threats, fraud or other malicious activity; (iii) enforce and protect the rights and properties of us or our affiliates; or (iv) protect the rights or personal safety of our employees and third parties on or using our property.
  • Change in corporate circumstances. If we the SaaS platform, website or a related asset or line of business is acquired by, transferred to or merged with another company, your personal data may be disclosed to the prospective or actual purchasers.
  • Your permission. We may also disclose your personal data with your permission.

Amending and deleting personal data

You may access your personal data, or seek to have that information amended, corrected, deleted or modified if you believe that it is incorrect, at any time.

To request access, or to correct your personal data, you may contact us at info@lunchpoint.com. We will work with you to provide you with access to your personal data or to determine whether it requires correction.

Your personal data will be stored and proceeded for as long as it is determined by us to render the Services as per the provisions of the T&Cs as well as to safely other purposes set forth in the Policy, but not longer than 3 (three) calendar years as of termination of the usage of the Services unless it was required by you to delete personal data before the end of that term.

You can permanently delete your account and/or personal data. If you follow the instructions provided within the technical settings of accounts, you account will be deactivated and then deleted and/or personal data deleted. When your account is deactivated and/or personal data deleted, for up to 30 calendar days after deactivation and/or personal data deletion it is still possible to restore your account and/or personal data if it was accidentally or wrongfully deactivated and/or deleted. Absent a separate arrangement between you and us to extend its deactivation and/or deletion period, after 30 (thirty) calendar days, we begin the process of deleting your account and/or personal data from SaaS platform, which can take up to 1 (one) calendar year.

You may also request us to delete your personal data by way of sending an e-mail at: info@lunchpoint.com. The personal data will be deleted within 30 (thirty) calendar days from the request’s receipt. Once delated as per the provisions of the Policy, the personal data may be archived and stored by us within 3 (three) calendar years mere at our sole discretion.

The search engines and other third parties may still retain copies of your public information, like your user profile information, even after you have deleted the information from the SaaS platform or deactivated your account.

Personal data protection measures

We take the necessary and sufficient physical, operational, organizational and technical measures to protect personal data of the users against unauthorized or accidental access, destruction, modification, blocking, copying, distribution, and other illegal actions of third parties with personal data. Such measures are including but not limited to: staff education and training; administrative and technical controls to restrict access to personal data to only those people who need access; technological security measures, including fire walls, encryption and anti-virus software; physical security measures, such as staff security passes to access premises, laptop cable locks and the use of privacy screens where appropriate.

Anonymous data

We may create anonymous data records from personal data by excluding information that make the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve SaaS platform and/or website navigation. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties at our sole discretion.

Third Party Websites

When you click on a link to any other website or location, you may go to another website and another entity may collect personal data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or locations, or their content. The terms of this Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites or locations.

Information security

We have reasonable commercial standards of technology and operational security in place to protect all information provided by users via this website and/or SaaS platform from unauthorized access, disclosure, alteration, or destruction.

Governing law

The collection, dissemination and use of users’ personal data are governed by the applicable laws of England and Wales unless otherwise stipulated by applicable law.

Amendments

We reserve the right to amend or supplement this Policy at any time without warning and notifying you on such amendments and supplements. You undertake from time to time to check this web-page for the purpose of such amendments and supplements’ tracking.

The updated Privacy Policy takes effect from the date of its posting unless otherwise provided by the provisions of the updated Privacy Policy.

Contacts

The Terms and Conditions and Privacy Policy are determined and governed by
Nosko Services LLP, company number OC403241, with registered address at:
Flat 23, Randolph Court Churchill Drive, Headington,
Oxford, England, OX3 7NR.
In order to contact, please e-mail us at: info@lunchpoint.com

© 2015, NOSKO SERVICES LLP
The information and materials on LunchPoint.com is copyrighted and owned by NOSKO SERVICES LLP, UK excluding the information and materials owned by other copyright holder. Copying or reproduction of information and materials from LunchPoint.com.ua by any third party is permitted only with prior written permission of NOSKO SERVICES LLP, UK except the following cases: - reproduction text information and materials of LunchPoint.com on other web-resources provided indications are made on the Site and direct active link that provides a user transition to LunchPoint.com. In case of systematic (i.e. more than twice) reproduction of text information and materials of LunchPoint.com is permitted only with prior written permission of NOSKO SERVICES LLP, UK.

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