Truphle Inc. (“Truphle”/ “we”/“us”/“our”) owns and operates the website (the “Website”). These terms of service (the “Terms of Service”/“Terms”) together with our Privacy Policy which is incorporated into these Terms by reference apply to all users and viewers of the Website including individuals, partnerships, corporations or other legal entities (“You”/“Your”/“user”). These Terms govern Your use of the Website in addition to the Services as described below. By using this Website You agree to be bound by these Terms. If You do not agree to be bound by these Terms, then do not use the Website or any of its content or Services. These Terms of Service may be amended or updated by us from time to time without notice. The Terms may have changed since Your last visit to this Website, and it is Your responsibility to review these Terms for any changes. Your use of this Website or the Services after any amendments of updates of these Terms shall signify your acceptance to such amendments or updates. The date of last update of these Terms is indicated above.
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Truphle Gift Card or Merchant Gift Card (as such terms are defined herein)).
Truphle may update or revise this Agreement (including any Truphle Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Truphle, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), is subject to the version of this Agreement in effect at the time of use.
Part 1. Reservation Services
- Restaurant Reservations. Truphle makes accessible restaurant reservation services (the “Reservation Services”) and waitlist services (the “waitlist Services”) through the Truphle Sites to User to help User in making sure about feasting reservations or joining a waitlist at third party restaurant (each, a “restaurant”). Because of a User’s online request for a Restaurant reservation or to join a waitlist through the Truphle Sites, Truphle contacts the Restaurant’s automated data set of reservations and waitlists, as applicable. The accessibility of reservations, assessed stand by time or spot in line on a waitlist, is resolved at the hour of User’s inquiry and dependent on data given to Truphle by the Restaurant. When a booking or waitlist demand is made by User through the Truphle Sites, Truphle will give affirmation of the reservation or waitlist status to User by email or other electronic messages as has been agreed to by User. By utilizing the Reservation Services or Waitlist Services, Users agree to get reservation and waitlist affirmations, updates, alterations as well as retractions by email or other electronic messages.
Part 2. Payment, Gift Card And Other Services
- Payment Gift card/coupon and other services. Depending upon your area, Truphle may offer extra Services, for example, payment services made accessible by Truphle through the Truphle Sites (the “Payment Services”), electronic and gift vouchers and gift authentications gave by Truphle (each, an “Truphle Gift Card”), electronic gift vouchers and coupons declarations issued by participating third-party restaurants (each, a “merchant Gift Card”) and different services.
Part 3. Terms For All Services
- Service Overview.Truphle interfaces People with shared interests in food to eat at eateries. The assistance encourages online chat features with your matches, with the aim of eating together at a restaurant.
- Account registration and profile. You may (but are not required to) create an account with Truphle through the Truphle Sites (“Account”) in order to use the Reservation Services, Waitlist Services. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Truphle registration form . You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, 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 agree to immediately notify Truphle of any unauthorized use of your Account or any other breach of security related to your use of the Services.
- Once You are registered to use the Services and have filled out your food interests, you may swipe through our database of other users and chat with others. When You send a chat message to another user, the other user can either reply to you or don’t reply, that is entirely up to their interest we have no control over that. If you are not matched with any users, we will attempt to provide You with suggestions of other users who may be of interest to You based on profiles.
- No Endorsement. We just encourage engagement among users and we don’t support any services offered by our clients. We likewise can’t administer the connections and gatherings between users. You therefore acknowledge that on the off chance that You choose to talk and eat with other users, such dealings are exclusively among You and the other party and Truphle will not have any duty or obligation for any misfortunes or harms that You may cause because of such dealings.
- Modifications to Services. Truphle reserves the right, in its sole discretion, to change the Services occasionally and without notice, including, without limitation, by eliminating, adding, or adjusting parts of the Truphle Sites, Restaurants, or Merchants. Truphle will have no obligation to you for any of the previous activities. In the event that you object to any such changes, your sole plan of action will be to stop utilizing the Services. Proceeded with utilization of the Services following any such changes will demonstrate your affirmation of such changes and fulfillment with all the Services
- Application License. Subject to the terms and conditions of this Agreement, Truphle grants User a non-exclusive, non-transferable, revocable license to use the Truphle mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
- Truphle may restrict your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Truphle may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Truphle Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account.
- You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Truphle and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Truphle’s request) defend Truphle, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the ”Truphle Inc”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
- Information sent or received over the Internet is by and large unstable and Truphle can’t and doesn’t make any portrayal or guarantee concerning security of any correspondence to or from the Website or any portrayal or guarantee with respect to the interference by outsiders of individual or other data.
- Third-Party Websites, Applications and Services. The Services may contain hypertext connected to sites and applications worked by parties other than Truphle. Such hypertext joins are accommodated User’s reference just, and Truphle doesn’t control such sites and isn’t answerable for their substance. Truphle’s incorporation of any hypertext connected to such sites or applications doesn’t suggest any underwriting of the material on such sites or applications or any relationship with their administrators. Truphle accepts no risk at all for any such outsider sites, applications or any substance, highlights, items, or administrations made accessible through such outsider sites or applications. Also, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be an outsider recipient to this agreement on the off chance that you access the Services utilizing applications created for Apple iOS, Android, Microsoft Windows, or Blackberry-fueled cell phones, separately. These outsider recipients are not gatherings to this agreement and are not answerable for the arrangement or backing of the Services in any way. Your admittance to the Services utilizing these gadgets is liable to terms gone ahead in the appropriate outsider recipient’s terms of administration, including any permit adaptability and other utilization leads in that.
Part 3. Warranty Disclaimer And Limitation Of Liability
- YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND TRUPHLE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL TRUPHLE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TRUPHLE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TRUPHLE.
- Liability Limitations.IN NO EVENT SHALL THE TRUPHLE PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE TRUPHLE SERVICES FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE TRUPHLE SERVICES OR TRUPHLE’S BUSINESS; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH RESTAURANT’S USE OF THE TRUPHLE SERVICES OR TRUPHLE’S BUSINESS; (V) RESTAURANT’S FAILURE TO PROVIDE TRUPHLE WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM RESTAURANT’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) RESTAURANT’S FAILURE TO ACCESS THE TRUPHLE SERVICES OR TRUPHLE’S BUSINESS DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY RESTAURANT; OR (VIII) RESTAURANT’S PERFORMANCE OR NON-PERFORMANCE IN CONNECTION WITH THE TRUPHLE SERVICES, TRUPHLE’S BUSINESS OR ANY RESERVATION, USER, OR ANY CUSTOMER.
- Copyright and trademarks. This Website, and the information and materials that it contains, are the property of Truphle and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Truphle product names and logos are trademarks or registered trademarks of Truphle Inc. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Truphle. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website
Part 4. Governing Law And Jurisdiction
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location.
Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Platform or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.
Notice. Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at [email protected] and all notices from us to you will be displayed on our Platform from to time or sent to you at the email address associated with your account.
Waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
No Assignment. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
Entire Agreement. The Terms, our Privacy Policy and any applicable Additional Terms constitute the sole and entire agreement between you and Truphle regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Contact. If you have any questions regarding these Terms,
CONTACT US
Truphle Inc.
250 Yonge St #2201,
Toronto, ON M5B 2L7
[email protected]
