ResDiary General Terms and Conditions of Service
The ResDiary WebSite is comprised of various Web pages operated by RestaurantDiary.com Limited.
The WebSite(s) are offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ResDiary WebSites constitutes your agreement to all such terms, conditions, and notices. Use of the ResDiary yield management system is guaranteed to bring about improvements in top line revenue and a great return on investment for smart thinking restaurant operators.
The ResDiary application is protected by appropriate security measures. Access to and use is restricted to Authorised Users only. Multiple logins from different devices or IP addresses with the same username and password are not permitted. Any attempt to use the system in a manner not authorised or any attempt to alter, destroy or damage any Information contained within it may constitute a breach of the provisions of the Computer Misuse Act 1990 and/or other legislation and shall leave the User liable to both criminal and civil proceedings. It is strictly forbidden to attempt to access the system using any third party’s logon identity. Anyone using the System consents to active monitoring for security policy compliance purposes.
General Terms of Service
ResDiary is provided as a service of Restaurantdiary.com Limited. For the purposes hereof, ResDiary and Restaurantdiary.com Limited are collectively referred to as the “Company” or “ResDiary”.
The Company provides an online web application for restaurant owners who have registered with and paid a fee to the Company (each, a “Restaurant”) to manage reservations, table inventory, and guest contact information from a web-enabled device and to provide restaurant consumers (each, a “Guest”) with a fast, friendly way to search and reserve tables from a web-enabled device. The Company does not sell any products and is not a party to any transaction or any agreement a Guest may make with a Restaurant with regard to any food, product or service offered by such Restaurant.
To access certain functions of the WebSites, you must register as a unique User by providing certain current, complete, and accurate information about yourself. As part of the registration process, you will select a password and provide a valid email address as a User ID. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorisation; or (iii) use a User ID that the Company, in its sole discretion, deems offensive. Failure to provide any requested information may delay or prevent the creation of an Account. You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the WebSites and your use of services available on the WebSites do not violate any applicable law or regulation; (d) you are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You shall be responsible for maintaining the confidentiality of your password.
You shall notify the Company of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or other information.
You are responsible for maintaining the security of your password. The Company is not liable for any loss that you may suffer through the use of your password by others. You agree to notify the Company immediately of any unauthorised use of your Account or of any other breach of security known to you with respect to the WebSites or your Account. You agree to report any violations of this Agreement by others to the Company.
The Company does not sell, license or endorse any of the Restaurants participating or listed on the WebSites and does not act as an agent of sale or an agent of any merchant or provider of food, products or services. The Company does not have and will not assume any responsibility for, or liability related to, any food, products and services offered, sold or provided by the Restaurants participating or listed on the WebSites. You should direct any questions, complaints or claims related to any food, product or service to the appropriate Restaurant.
The Company does not warrant that products or descriptions, or any other content of the WebSites is accurate, complete, reliable, current or error-free. WebSite content is provided for informational purposes only and the Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the WebSites. The Company is not responsible or liable for any food, products, services, information or other materials displayed, purchased, or obtained by a Guest from the Restaurant or the WebSites. The Company does not endorse, warrant or guarantee the food, products or services of any Restaurant, including, without limitation, any prices, promotions, programs, policies, services, or other information posted by any Restaurant.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts of ResDiary or any Restaurant on the WebSites. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the food, products or services provided to you by a Restaurant.
Any information on the WebSites can change without notice.
ResDiary assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, a Restaurant’s knowledge (or lack thereof) of any Guest’s food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest’s or any employee’s behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
ResDiary may send email or SMS confirmations on behalf of restaurants to confirm or follow up on reservations or to request a review or follow up feedback. ResDiary has the right to append at the bottom of any such email confirmations, and you consent to the placement of, a small branded advertising logo (hyper-linked) promoting ResDiary or a ResDiary partner business or website, this logo to be no larger than 800 pixels by 160 pixels.
The Services may permit Guests to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g. foreign objects in food, food poisoning, etc.). Guests may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ResDiary reserves the right (but has no obligation) to monitor, remove, or edit User Content in ResDiary’s sole discretion, including if User Content violates any ResDiary Policies, but please note that ResDiary may or may not regularly review submitted User Content. ResDiary takes no responsibility and assumes no liability for any User Content submitted by any User or third party.
Condition of Service – Post Dining Feedback
The restaurant understands that as a condition to the provision of service by ResDiary that the ResDiary Microsite is enabled no later than 7 days after initial sign up with ResDiary. Online bookings must be enabled for all ResDiary Accounts and booking restrictions should only be limited through yield management and channel parameters not via advance close-outs.
Automated post dining emails must be enabled for all internal and online reservations for all ResDiary Accounts with a unique link provided for the diner to leave a review on resdiary.com. The restaurant can edit and manage the content and branding of this message, but the unique link must be included and “Powered by ResDiary” will be included as a footer on such emails.
ResDiary commits to removing any review on request within 48 hours where such request is received from a current Restaurant customer paying for ResDiary Services.
Links to Other Websites
The WebSites may provide links to third-party web sites (“Third-Party Websites”). This Terms of Service Agreement governs only these WebSites and not any Third-Party Websites. The Company’s decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website. The Company may not own or operate the Third-Party Website, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The Company expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Websites. If you decide to access linked Third-Party Websites, you do so at your own risk.
The Company reserves the right and the Users agree that any information in an Account designated as “Public” may be used by the Company for promotional uses. External search engines may also index such Public information.
Use of an Account does not grant a User a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account; remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User’s business or personal purposes only, as the case may be, and a User shall not use the Account or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a User’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
Portals / Restaurant Directories
ResDiary is happy to provide its reservation API to directories and portals to enable real time bookings into ResDiary Restaurant Accounts, on the understanding that such directory or portal partners never place their or any affiliate company or entity’s version of a branded widget or API interface on a restaurant’s own website, in which case access to the ResDiary reservation API may be withdrawn at ResDiary’s absolute discretion.
All branded widgets and API’s using the ResDiary widget or API must be branded as “Powered by ResDiary”.
ResDiary may provide its partners with API access / widgets to Restaurant Accounts in instances where the partner acts as a complimentary booking channel. The same applies for partners that offer a complimentary trial period in their offering. Once the trial period has ended, Restaurant Accounts that would like to continue receiving bookings from the partner, will have the opportunity to do so by instructing the partner directly or by contacting ResDiary. If the latter has not been instructed, Restaurant Accounts will be automatically removed from the partners website / portal once the trial has ended.
On Line Booking Links from Restaurant Websites
Restaurant customers of ResDiary using ResDiary as their back office table management system and which take online bookings from their Restaurant website agree to solely use the ResDiary booking widget or API or re-direct to the restaurant microsite page on www.resdiary.com.
The implementation of another booking system widget on a Restaurant website will be considered breach of contract and will lead to immediate cessation of supply and removal of access to the Restaurant back office account in ResDiary unless the position is rectified.
The Users acknowledge and agree that any and all Company or Restaurant names and logos related to the Account and the Company or Restaurant and all related product and service names, design marks and slogans, are the property of the Company, the Restaurant or their affiliates or suppliers, as the case may be (collectively, the “Marks”). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Restaurant. The Users have no title or ownership in the Account, the Software or the Marks (other than their own Marks) and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company, the Restaurant or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). The User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.
By registering and paying for an Account, each Restaurant agrees and grants the Company the right to use for these WebSites and other related purposes, all images, menus, logos, content and other information that may be found on the Restaurant’s own web sites.
Payment for Restaurant Accounts; Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice.
Payment for Accounts must be made in advance by direct debit, credit or debit card at the time of registration of the Account. Any other payment arrangements must be made in advance between the User and an authorised Company representative. All fees paid to the Company for use of an Account are non-refundable.
The User may be charged a fee for setup on registration and the monthly fee in advance on first registration and thereafter at a regularly recurring monthly billing cycle. All fees are subject to change without notice. The Restaurant is responsible for reviewing the Pricing Schedule and remaining aware of the fees charged by the Company. Unless a cancellation notice is received by the Company in writing, or through the account management options on the Site, 90 days prior to the start of the anniversary of the agreement date of the Account, an Account will automatically renew. By agreeing to these Terms of Service, the User authorises the Company to charge the monthly amount by credit card or electronic funds transfer for the Account on the relevant anniversary date in advance of each monthly billing cycle, or the next business day available.
In the event that a recurring credit charge or direct debit facility is cancelled by the Restaurant or authorised person or a payment request is declined for whatever reason, the Company reserves the right to levy an administration fee of £25 plus VAT (or local currency equivalent). In instances such as above, the Company reserves the right to immediately disable an account until the administration fee is paid and the recurring charge facility is re-enabled.
Stripe Charges and Payment Guarantees
By submitting your request to take payments or ResDiary Guarantees via Stripe Inc. or any of its subsidiaries or affiliates (“Stripe”) and the ResDiary system, you agree to ResDiary levying a charge of 1% (plus any applicable sales taxes) on each processed transaction. Unprocessed tokenization guarantees will not incur any charge. Stripe charges also apply to processed transactions and can be found at the following URL https://stripe.com/gb/pricing. Please note that if choosing to take payment or ResDiary Guarantees you must use https (hypertext transfer protocol secure) for the system to work effectively. ResDiary is not responsible for any changes in pricing from Stripe at any time, which are at Stripe’s discretion. You may opt out of using Stripe as a payment method at any time by deleting the link from your diary manually, or by requesting this in writing to email@example.com.
Please note that where you have entered into an agreement with ResDiary’s online payment solution partner Velocity Mobile Limited (“Velocity”), the normal process of ResDiary Guarantees via Stripe will be disabled where bookings from consumers are processed through Velocity’s system. ResDiary shall have no liability or responsibility for any aspect of your contractual relationship with Velocity in these circumstances which shall be governed by Velocity’s terms and conditions.
Unless otherwise specifically agreed in writing, ResDiary offers a one year rolling contract from the date of the Agreement for RD Online, RD Pro and RD Ultimate Accounts. After the initial one year term, the Restaurant may terminate this Agreement by giving ResDiary 90 days notice of termination using the account management options or by submitting a request in email to firstname.lastname@example.org com – this must be done at least 90 days before the contract anniversary date. Immediately upon issuance of notice of termination, any outstanding invoices including those for the 90 day termination period day become due and must be paid
RD Connect and RD Express packages follow a monthly rolling contract with a 90 day cancellation notice period.
RD Pro and RD Ultimate packages are available both as a rolling 1 year and 2 year contract, both with 90 day notice periods.
The Company may at its discretion delete any of a User’s archived data within seven (7) days after the date of termination.
All Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a User’s use of the Sites, the User’s violation of this Agreement, or the User’s infringement of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
ResDiary LICENCE AGREEMENT AND TERMS & CONDITIONS
ONLINE SIGN UP ONLY
ResDiary will provide a reservation widget or iFrame to enable real-time reservations directly from the Restaurant’s website into the ResDiary Software. This will be customised FOC by ResDiary as will the restaurant’s confirmation emails and communications from ResDiary.
ResDiary will also implement the widget on a Restaurant website FOC subject to any landing pages or descriptions being named or renamed to refer to “Book with ResDiary” or similar.
“RD Connect and Online ” Account customers will be provided with a ResDiary branded re-direct button for their website and the conditions are as follows:-
1 The re-direct button must be live on the client website or the relevant ResDiary microsite is promoted as the Restaurant web site with live online bookings.
2 The Restaurant must not close availability before service until a standard time of 30 minutes before visit but can use normal custom close-outs on a daily basis as required.
3 The Restaurant must take part in our review / feedback programme (there is control and moderation over displayed output and reviews deemed malicious by the restaurant will be removed should this be requested by the Restaurant).
4 All communications to dining customers of ResDiary “RD Connect and Online” Accounts will be branded ResDiary.
5 The maximum limit of monthly bookings is 150 for RD Connect and 75 for RD Online.
Your online availability can be controlled directly from the ResDiary back office administration system or the ResDiary smartphone mobile manager APP. All versions have access to the ResDiary Host iPad APP, available on the Apple store and iTunes.
When a diner makes a reservation at your Restaurant through the ResDiary Widget on your website, our reservation API or through the ResDiary WebSite we can automatically notify you of that reservation. The notifications are sent as soon as the reservation is made. They are delivered via email. The diner may also receive confirmation by email at the same time. SMS confirmations may optionally also be sent at the Restaurant’s cost.
There are no charges for reservations from ResDiary, your website or facebook page.
When a diner makes a cancellation at your restaurant through the ResDiary Widget on your website or through ResDiary, you may choose functionality by which you will be automatically notified of that cancellation.
For Accounts applied for and registered online only activation is free of charge. Training for online activation is by a suite of short videos and access to these will be enabled for your Account holders.
The monthly charge is as per the charges shown on sales.resdiary.com (excluding tax). Online and Pro Accounts signed up online are based on a rolling yearly contract, payable monthly in advance, with a 90 day notice period and this includes access to your version of the ResDiary system. RD Connect and RD Express packages are based on a monthly rolling contract with a 90 days cancellation notice. Packages include a reservations widget for your website (Express, Pro and Ultimate accounts only), a micro-site listing on ResDiary and listing on any consumer facing iPhone and Android APPS developed by ResDiary, and support provided by email (email@example.com) and telephone.
Please note that the reservations widget provided will contain the wording “Powered by ResDiary” in small text. This will be hyper-linked to the ResDiary WebSite and this wording and hyper-link may not be removed or altered.
The Company will invoice you monthly in advance on the monthly anniversary date of the contract commencement. The charge will always be the same as your first month charge unless we notify you otherwise and if we do so the Company will notify you of your charge at least 10 days before your account is debited.
ResPhone Terms and Conditions
By signing up online and paying by monthly recurring charge you are committing to a yearly ResPhone account (RD Online, RD Pro and RD Ultimate). RD Connect and RD Express will follow a monthly rolling contract, with 90 days notice required.
Please note that ResPhone provides an availability search only, and will not register promotions and deposit requirements in your diary.
If Stripe Connect is enabled in your diary, ResPhone does not register this credit card requirement and will make the reservation based on availability only.
This account is charged monthly in advance and can be cancelled by providing confirmation of cancellation and a 90 day notice period in writing at least 90 days prior to the yearly anniversary of the agreement. If the account is cancelled outwith the agreement anniversary date, a final invoice will be raised for the remainder of the contract period including the 90 day notice period.
Your Restaurant name will be personalised in the call flow: this is the only portion of the call flow that can be changed.
We regret we cannot provide refunds for unexpired portions of a contract, or for periods of time the system has been unused.
One year rolling contract. 90 days notice period with at least 90 days cancellation notice required prior to the anniversary of the contract agreement date
Existing customers that select the option to pay by Direct Debit are authorising ResDiary to increase the monthly Direct Debit amount.
ResPhone will take up to 15 working days to be installed once payment is received.
Other charges may occur with your phone line supplier, please contact your supplier to find out divert costs before signing up.
ResPhone is a reservations line provided by ResDiary.
Copyright & Use
The ResDiary software and any other software or WebSites that are made available to you by ResDiary in connection with this Agreement (“Software”) are the copyrighted work of ResDiary and/or its affiliates, partners and/or suppliers. ResDiary hereby grants to you, the User, a personal, non-transferrable, revocable, limited license to use the Software solely during the term hereof, solely as required to use the products and provided under this Agreement (“Services”) pursuant to the terms hereof, and for no other purpose. By using the Software, you agree to be bound by the terms and conditions of this Agreement.
Please note that all Software, including without limitation all HTML code, controls and other scripts and all intellectual property rights of any kind contained therein, and any improvements or modifications thereto, is owned by ResDiary and/or its partners or suppliers and is protected by copyright laws and international treaty provisions. Law expressly prohibits any other reproduction or redistribution or use of the Software other than as expressly authorized herein. Without limiting the foregoing, you may not reverse engineer, de-compile, disassemble, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Software, other than as expressly permitted by this Agreement. Any rights not expressly granted herein are reserved.
ResDiary may use the Restaurant’s name and logo as a client reference, in its client list, case studies, and in other promotional information, including, but not limited to, press releases, brochures, and electronic media such as e-mail or web pages.
In the performance of this Agreement, ResDiary may disclose, or the Restaurant may have access to, confidential or proprietary information owned by ResDiary (“Confidential Information”). Confidential Information includes, but is not limited to, any data or information, oral or written, that relates to ResDiary or its business activities, technology, developments, Software, methods, trade secrets or clients. Restaurants shall maintain the Confidential Information in strict confidence and shall not disclose to any third party, publish or copy any part of the Confidential Information. Restaurants shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement. Confidential Information does not include information that: (i) is publicly available or in the public domain at the time disclosed, (ii) is rightfully communicated to the Restaurant by persons not bound by confidentiality obligations with respect thereto, (iii) is already in the Restaurant’s possession free of any confidentiality obligations with respect thereto, or (iv) is required to be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Restaurant gives reasonable prior notice to ResDiary to contest such order or requirement. Upon the termination or expiration of this Agreement, or at any time upon request, the Restaurant shall return to ResDiary, or certify the destruction of, all Confidential Information.
Warranties & Liability
You acknowledge that ResDiary makes no representations or warranties, express or implied, regarding the Service, Software or partner websites, including, without limitation, that any of them will be error free or operate without interruption, and all representations, undertakings, warranties, terms and conditions, whether express or implied, by statute, common law or otherwise, are excluded to the fullest extent permitted by law, including, without limitation, warranties of title, merchantability, accuracy or fitness for a particular purpose. Except as provided in this Agreement, ResDiary shall not be liable to you for any claims whatsoever, including, but not limited to, those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. The pages contained in partner websites may contain technical inaccuracies and typographical and other errors. The information in these pages may be updated from time to time and may at times be incorrect or out of date. We accept no responsibility for keeping the information in these pages accurate or up to date or liability for any failure to do so.
Unless otherwise specifically agreed in writing, ResDiary offers a one year rolling contract from the date of the Agreement for RD Online, RD Pro and RD Ultimate and a monthly rolling contract for RD Connect and RD Express packages. During and after the initial one year term, the Restaurant may terminate this Agreement by giving ResDiary 90 days notice at least 90 days prior to the anniversary of the contract date. Notice must be given by email to firstname.lastname@example.org or in writing to ResDiary, 36 Renfield Street, Glasgow, G2 1LU. Immediately upon issuance of notice of termination, any outstanding invoices for the remainder of the agreement come due and must be paid. ResDiary reserves the right to terminate the Service and/or your use of the Service at its discretion without notice.
You shall be responsible for interest on all amounts owed ResDiary hereunder which are overdue by more than thirty (30) days at a rate of the lesser of five and one-half percent (5.5%) or the maximum rate allowable by applicable law, and for any costs or expenses of ResDiary in collecting any overdue amounts (including legal fees). On occasion ResDiary will need to change the charges or the terms and conditions of a service covered by this agreement. We will publish details of all changes online at sales.resdiary.com
ResDiary will let you know about other price changes and changes to the terms and conditions via email, by notice on your invoice or by an alternative method.
If ResDiary makes a change to the price or the terms and conditions of a service you will not have to pay an increased charge if you decide to end the service/contract early. However, once we have told you about such a change, you must let us know that you want to end that service within 10 days.
ResDiary will register the Restaurant on the basis of the information supplied by the Restaurant. Following the successful subscription to the ResDiary service by completing the online setup form we will send you a series of pages containing all the information required in order to set the Restaurant up. Where further information is supplied by the Restaurant, the registration will be carried out accordingly. Where no further information is supplied, the Restaurant will be registered according to ResDiary’s default templates.
ResDiary may at any time modify these terms and conditions. Any modifications will become effective by posting the modified terms and conditions on the WebSite.
Guest Data and Usage
Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations (other than your payment obligations) are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.
The laws of Scotland govern this Agreement. You hereby consent to the exclusive jurisdiction of the Scottish courts in all disputes arising out of or relating to this Agreement.
ResDiary may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that the parties hereto are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and ResDiary as a result of this Agreement.
Separate Written Agreement by Contract
These terms and conditions supersede all previous agreements entered into between ResDiary and a Restaurant prior to 25 February 2017. Where Resdiary and a Restaurant enter into a formal written contract after 25 February 2017 the terms and conditions of that contract will over-ride any inconsistent terms and conditions for an online agreement as above.
General Limitation of Liability
Under no circumstances will the Company be liable for any injuries, death, loss or damage caused by your use of the sites, including any software, materials, content, food, products and/or services provided or use or reliance on information obtained through the WebSites. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the WebSites and the resources, materials, content and software provided therein. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the sites or this Agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the company’s liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with the WebSites is to stop using the WebSites.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITES. NONE OF THE COMPANY PARTIES WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THE WEBSITES OR THEIR SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE WEBSITES AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Users expressly understand and agree that neither the Company nor its affiliates shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of the Users’ transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users’ Accounts; or (vi) any other matter relating to the Accounts. In the event that, notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for his/her/its Account.
The User agrees that their use of the Accounts is at their sole risk. The Service is provided on an “as is” and “as available” basis.
The User must not modify, adapt or hack the Accounts or modify another web site so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.
The Company may, but have no obligation to, remove content, and Accounts containing content, that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.
The User understands that the technical processing and transmission of the Accounts, including their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
The User must not transmit any worms or viruses or any code of a destructive nature.
The Company does not warrant that (i) the Accounts will meet the User’s specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any food, products, services, information, or other material purchased or obtained by the Users through the Sites will meet their expectations, and (v) any errors in the Accounts will be corrected.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superseding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Unless otherwise provided, the Terms of Service shall be governed by the laws of Scotland without effect to its conflict of laws provisions.
The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.
Please note calls may occasionally be recorded for quality and training purposes.
Questions about the Terms of Service should be communicated to email@example.com or in writing to ResDiary, 36 Renfield Street, Glasgow, G2 1LU.