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getta!Table Terms and Conditions


getta!Table Terms and Conditions


Terms and Conditions

Welcome to getta!Table where dining out has never been so social. Just like when we were all growing up, there are a couple table rules the grown-ups want you to follow. And by grown-ups, we mean lawyers.

So we can all go to dinners sooner, this is the short version:

  • When you buy a voucher it’s yours. Don’t look for your money back unless the restaurant goes out of business during the period the voucher is valid.
  • You only get the full value of the voucher if you use it at the time specified in the offer. For example, if you bought a voucher for next Thursday at 5:30p.m., that’s when you need to show up if you want to use it.
  • Restaurants may give you a rain check for 90 days after you purchase—that is, for 90 days, they may let you get a credit for the purchase price of the voucher minus a service fee if you don’t use the voucher at the right date and time. We’re going to encourage them to do that but in the end it is up to them.
  • We don’t set a lot of rules but when we do you have to comply with them. If you don’t we won’t play with you anymore.
  • We promote restaurants—we don’t run them. So if you have a rude waiter or a bad meal, that’s between you and the restaurant.
  • As a company, Getta!Table doesn’t endorsing the restaurants . (But chances are we eat at them.)
  • There is no kids table at getta!Table..You have to be 18 years or older to use getta!Table to buy vouchers. And if you’re under 13 years old you should not be on getta!Table.com at all. And eat your vegetables.

    Click here for more information.

    What This ‘Terms and Conditions’ is All About

    This document provides the terms and conditions (the “Agreement”) that form a binding agreement between you and the Social Commerce Company which operates getta!Table (and owns the getta! brand) and the various websites (“Sites”) operated by getta!Table. Sometimes we refer to getta!Table as “we”, “us” or “our.”

    You should review the following terms carefully. By using getta!Table or any of our services you are agreeing to these terms and conditions which includes our “Privacy Policy” [http://www.gettatable.com/privacy]. All of these terms and conditions govern your use of getta!Table and our services. If you don’t agree with any of these terms and conditions you must stop your use of the getta!Table and all of its services. “You” here means the person that is accessing getta!Table or our services or the company or organization on whose behalf that person accesses getta!Table or our services.

    What We Do

    getta!Table works with restaurants to present offers, such as discounts on meals, special fixed price menus, or other special experiences, to consumers. We help consumers learn about these offers and purchase them. We also provide media and other services that help consumers learn about and get great dining experiences.

    Your Use of getta!Table Depends on Playing by the Rules:

    You can only use getta!Table if you meet and agree to the following conditions:

    Privacy, Security, and Confidentiality

    You understand that most of the information you provide is going to be used by us to help provide better offers to you and that may result in disclosing information to restaurants, third-parties who work closely with us, as well as our employees and independent contractors. Most of the information you provide us is therefore not subject to any confidentiality obligation beyond what we describe in our “Privacy Policy” (http://www.gettatable.com/privacy). Other information, such as credit and debit card information provided in connection with the purchase of an offer from getta!Table, is maintained with appropriate privacy and security protections. You agree that we can provide credit, debit, and other payment card information to our payment processors to complete the transaction with you and that we can store that information, after securing your permission, for the purposes of enabling you to complete transactions more quickly.

    Offers

    getta!Table provides consumers with opportunities to purchase products and services from third-party restaurants (“restaurants”) some of which may be time-limited offers that provide discounts off of normal price or special experiences with the restaurant. We refer to these opportunities as “Offers”. Here is more detail on this.

    1. How It Works

    The restaurant provides an offer with various terms and conditions to it. That might be an offer to give the consumer $50 off the price of a meal, possibly at a defined time and date, such as on Wednesday, October, 19th, 2011 between 5:30pm and 7:30pm, in return for payment to getta!Table of $25. getta!Table pays the restaurant that payment net of various fees.

    You can purchase one of these offers from getta!Table. We will charge the payment card you provide for the value of the offer (adjusted for the number of units you purchase—4 units of a “$25 for $50 credit” offer would be $100). Once our card company authenticates your card and authorizes your transaction we will provide you with an alphanumeric code (such as AB1234) on the web page on which you conducted the transaction and we will send an email with this code and instructions on how to use it to the email address you have provided for the transaction. You can obtain the offer, which will be specific to a restaurant and possibly a date and time, by presenting your code to the restaurant prior to sitting down for your meal; depending on the restaurant you may need to present your code to person who checks you in or to your server. The restaurant will verify that you have a valid code for that restaurant and if applicable time and date.

    The value of your offer will then be reflected on the bill you are presented at the end of a meal. For example, if you have purchased four “$25 for $50 credit” offers and your party of four purchases food and drinks (including applicable taxes) amounting to $250, you will receive a bill for $250-$200=$50. You must then pay that bill minus the value of the offer plus any tip you decide to include. If you chose to provide a 10% tip based on the full price of the meal you would pay $50 plus a tip of $25 or $75. You would save the difference between the value of the credit ($200) and the cost of the credit ($100) for a total savings of $100.

    Expiration Date

    You may be buying the right to purchase a dining experience at a restaurant on a particular date(s) and time(s). If you do not use the voucher on the designated date(s) and time(s) the restaurant may, at its sole discretion, provide you with a credit for the face value of the voucher minus a service fee. For example, if you miss the time for which the voucher is valid, you paid $25 for the voucher, and the service fee is $5, the restaurant may give you a $20 credit for a meal that you purchase at another time.

    All vouchers purchased through getta!Table are invalid 90 days months after the purchase date. If you don’t use the voucher during that period of time then you lose the entire value of it.

    Offer Specific Terms

    Each offer may have specific terms including expiration date, limits on the number of offers that each person can person, limits on what items can be ordered from the menu, and so forth. These offer terms will be presented each time you see an offer and before you make your purchase decision. These offer terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

    Global Terms

    Unless otherwise stated in the voucher or required by law the following additional terms apply to all vouchers:

      1. You are 18 years or older.
      2. You agree to comply with this “Agreement”.
      3. You do not provide inaccurate or misleading information about yourself.
      4. You agree that you are solely responsible for your submissions of content including reviews, discussion posts, personal information, links, posts and any other content or information you provide to getta!Table or any of its affiliates.
      5. You will not misuse or misappropriate any of getta!Table’s intellectual property including its trademarks, copyrights, and patents.
      6. You will not submit any content that violates the intellectual property rights, including copyright and trademark law, or the privacy rights of anyone.
      7. You will not submit any content that is unlawful, defamatory, discriminatory, libelous, pornographic, obscene abusive, harmful to minors, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, is false or inaccurate, or could damage our company, sister companies, affiliates, advertisers, or other parties, as determined by getta!Table in is sole discretion.
      8. You comply with the terms and conditions of any offer you purchase including enabling any individual to use the offer you have purchased who is not eligible for doing so.
      9. You agree not to provide any individual your password or log-in credentials to access your getta!Table account on Facebook which account would result if you install the getta!Table application on Facebook.
      10. You agree not to reverse engineer or jeopardize the correct functioning of getta!Table or our Services, or otherwise attempt to derive the source code of the software that enables or underlies getta!Table, attempt to gain access to secured portions of getta!Table or to which you do not possess access rights, or upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
      11. You agree not to impersonate another individual.
      12. You agree to the getta!Table privacy policy (http://www.gettatable.com/privacy) and the getta!Table indemnification policy (below) which are incorporated into this Agreement
      13. You agree that we can disable your account if we believe that you have not complied with conditions (1)-(12) above or—if we simply don’t like you.
      1. No cash value for any voucher.
      2. No cash back will be issued for partial redemption of the paid portion of the Voucher, except as required by laws.
      3. No cash back or credit will be issued for partial redemption of the promotional portion if any of a voucher.
      4. Use of a voucher for alcoholic beverages is at the sole discretion of the restaurant and may be limited by applicable state laws.
      5. Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher or unless these coupons or promotions are used as a credit to your purchase on getta!Table
      6. Vouchers cannot be used for taxes, tips, or prior balances.
        Neither getta!Table nor the restaurant is responsible for lost or stolen vouchers or voucher reference numbers.

        Merchant Responsibility

        getta!Table markets the offers and acts as an agent in selling the vouchers on behalf of the restaurants. But the restaurant is the issuer of the voucher. The restaurant is fully responsible for any and all illness, injuries, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or its products and services. The restaurant is also liable for any unclaimed property liability arising from unredeemed or partially redeemed vouchers. By purchasing a voucher, a customer acquires the right to use the code provided by the voucher to use the voucher at the merchant that issued that voucher according to the terms and conditions of this Agreement and the terms and conditions of the voucher.

        Promotions and Sweepstakes

        From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Offers and to encourage you to get others to do so. The applicable rules will be posted on the getta!Table fan page on Facebook and at gettatable.com or near the description of each promotion. We reserve the right to interpret these rules in our sole discretion, and you agree to our interpretation.

        Refunds

        When you purchase an offer from getta!Table the purchase is final and getta!Table will not provide refunds unless the restaurant has gone out of business and it is not possible to redeem the voucher at either the date and time of the offer or within 90 days of the time you purchased the voucher. getta!Table will not make any refunds under any circumstances 90 days after the purchase of the voucher.

        Play by the Rules

        Some of the offers are provided for a limited number or purchasers or a limited number of offers for each purchaser as specified for the particular offer. Any attempt by a purchaser to obtain more than the permitted number of offers, specified for a particular offer, by using multiple or different identities will void that your purchases and may lead getta!Table to prohibit you from purchasing any further offers from getta!Table. getta!Table will be the sole arbiter, in its discretions, as to whether you violated these rules.

        We May Change or Go Away

        getta!Table may change how we make offers or work with customers, we may discontinue getta!Table, or sell getta!Table to someone else who changes how things work. We reserve the right to terminate this agreement at our election and for any reason, without prior notice.

        Disclaimers of Warranty

        We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and restaurants make no express warranties or guarantees about the Site, Services or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT GETTATABLE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GETTATABLE, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A GETTATABLE REPRESENTATIVE WILL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

        Limitations of Liability

        YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF GETTA!TABLE. IN NO EVENT WILL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR RESTAURANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

        Indemnity

        You agree to defend, indemnify and hold harmless getta!Table, its parents company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to getta!Table; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of getta!Table.

        Reservations of Rights and Responsibility

        getta!Table reserves the right, but has no obligation, to monitor, or take any action getta!Table deems appropriate regarding disputes that you may have with other customers of ours or any restaurants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

        Intellectual Property

        You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “getta!” is our trademark as are all variations of this name including getta!Table. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The content on getta!Table, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by getta!Table. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to getta!Table, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by getta!Table is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

        Electronic Communications

         

        The communications between you and getta!Table use electronic means, whether you visit the Site(s) or send us emails, or whether getta!Table posts notices on the Site(s) or communicates with you via email. For contractual purposes, you (a) consent to receive communications from getta!Table in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that getta!Table provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

        Entire Agreement, Changes to this Agreement and Waivers

        These Terms of Service, together with the Privacy Policy at http://www.gettatable.com/privacy and any other legal notices published by getta!Table on the Site(s) or any Offer Voucher, constitutes the entire agreement between you and getta!Table concerning getta!Table. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site(s). It is your sole responsibility to check the Site(s) from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site(s) and Services. Your use of the Site(s) and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of getta!Table’s rights hereunder will not be valid or effective except in a written agreement bearing the physical signature of an officer of getta!Table. No purported waiver or modification of this Agreement by getta!Table via telephonic or email communications will be valid.

        General Terms

        You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

        YOU AND GETTA!TABLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LIVINGSOCIAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

        You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you aren’t, you must please cease use of getta!Table.