The Terms of Service apply to your use of all the services provided by SmartiREST, including:
All refrences to "You", "user" and "customer" mean the customer of an establishment. Refrences to "Establishment" mean the restaurant, hotel, or business using the services provided by SmartiREST.
You agree that a Customer can access a menu of the Establishment by scanning a QR-Code or through mobile browser, and a Customer can submit and pay for an order. You further acknowledge and agree that the services for submitting an order with an Establishment, and pay for sum payable executes with an Establishment. SmartiREST is currently using Stripe to handle the payment transactions. You acknowledge that each transaction submit, is for the services provided by the Establishment. The Establishment is responsible for fulfillment of each transaction and any issues with the ordered and servered items. SmartiREST is only providing the services mentioned above and has no liability for the food and beverage you receive. SmartiREST is a software provider and is not a bank, payment processor or other financial institution. The payments are either processed by Stripe or the payment processor provided by the Establishment. When creating you digital menu, you consent that you own all the data including the videos and images.
The Establishment may be required to purchase or pay a fee to access some of our services. You and the Establishment agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You and the Establishment further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by the US and Canada. We may change prices at any time. All payments shall be in USD or CAD depending on the location of the Establishment.
All purchases are non-refundable. The Establishment can cancel their service by contact our customer support. The Establishment is responsible for handle refunds for their customers.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of this website, You and the Establishment agree not to:
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
The services are only provided to the US and Canada. Use of our services is void where prohibited. Those people who choose to access the site from other locations, do so on their own initiative and are solely responsible for compilance with local laws.
The services are provided AS IS and there may be downtimes when the services may not be available. The services are provided without warranty. SmartiREST will not be liable for ANY damages including loss of data and lost profits. NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.