Merchant Terms of Service

Last updated: August 1, 2020

1. General

Please read these Terms of Service (“Terms”) carefully before signing up and participating in our applications, website and content (the “Services”) operated by Savorite LLC (“Savorite”).

These Terms are expressly incorporated into and made a part of the Savorite Service Agreement (the Savorite Service Agreement and these Terms, collectively, the “Agreement”). If there is a conflict between these Terms and the Savorite Service Agreement, the Service Agreement prevails.

By accepting this Agreement, using or accessing the Services, you agree to all the Terms of this Agreement. If you do not agree with all or some of these Terms, you should not use the Savorite Site and/or mobile application. If you are using the Services on behalf of a company, then “Merchant” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that this Agreement and each Service Agreement is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.

2. Overview

Savorite provides an online platform that allows independent third-party Merchants to promote their business by connecting with Users and offering them a percentage off of their bill (“Deal”). To accomplish this, Merchants list their Deals for a customer to book through the Savorite app. Upon booking a Deal, the customer will receive a confirmation Ticket that will be redeemable with the stated Merchant at a specified date and time.

Savorite LLC act exclusively as an intermediary and you acknowledge that the Services we provide comprise solely the technology platform which allows the relevant parties to transact seamlessly.

3. Definitions

“App” means the mobile applications operated by us.

“Deal” means the discount that the Merchant offers through our application, which can be booked by any User.

“Savorite”, “Savorite”, “we”, “us”, “our” means the company Savorite LLC and our related entities.

“Marks” means the trademarks, copyrights, service marks, trade names, logos, slogans and other identifying symbols.

“Merchant”, “Restaurant”, “you” means a restaurant listed on our Services that is an independent third party unrelated to Savorite that supplies and/or provides the food and beverages offered.

"Service Agreement" means any Savorite LLC ordering documentation, online sign-up or subscription flow that references this Agreement.

“Platform” means the Savorite mobile apps and website accessible by the User.

“Services” means each Savorite Platform or service provided or made accessible to the User in accordance with a Service Agreement.

“User”, “you” means any person who visits the Savorite Apps or website and/or has an account on Savorite.

“Website” means www.savoriteapp.com and/or any other website we may operate. When you interact with the Savorite website and/or apps in any way, such as creating an account or contacting customer service, you agree to Savorite’s Terms and Privacy Policy. These are contracts between Savorite and you.

4. Amendments of the Terms

We reserve the right to unilaterally modify or replace these Terms at any time. Changes will be effective as soon as such amendments are notified on our website or app. We will try to provide at least 30 days’ notice prior to any new terms taking effect.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

5. Accounts

In order to upload deals and receive the Services, you need to register for a Savorite account. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so will constitute a breach of the Terms, which may result in immediate termination of your account in accordance with the Terms and Termination.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions taken using your account. We assume that any person using the Services with your username and password is either you or is authorized to act for you.

6. Communications from Savorite

As part of the Services we provide, you may receive emails, text messages, alerts, push notifications, or other types of messages directly sent to you (“Alerts”). You may unsubscribe at any time, with the exception of important service announcements and administrative messages.

Unless specified otherwise, any Alerts or other communications to you in relation to the Services will be provided electronically.

7. Payment Terms

The use of our mobile app and Services may be subject to certain payment terms or fees as determined in our sole discretion. We will provide notice of those fees in relation to any of our paid Services.

We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.

You are responsible for all fees, including taxes, associated with your use of the Services. You are responsible for providing us with a valid means of payment.

8. Termination

Without limiting our rights specified below, we may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.

We may terminate or suspend your Account in our sole and absolute discretion without prior notice or liability, for any reason whatsoever, including without limitation if you breach or we suspect you have breached our Agreement, Terms, Privacy Policy or any applicable law.

You may terminate this Agreement at any time by sending us a written confirmation via email. If the attempt to terminate this Agreement takes place during an active Campaign period, such termination will not take effect until such Campaign period has ended. If you cancel your Savorite Account, any confirmed booking(s) will still have to be honored.

We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your Restaurant Content. All provisions of the Terms which by their nature should survive termination shall survive termination.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California and the United States, without regard to its conflict of law provisions. Any dispute and/or difficulties relating to the interpretation or execution of the present Terms will be subject to the jurisdiction of the competent courts in the city of San Diego.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining Terms will continue in effect. These Terms constitute the entire agreement between us regarding our Services.

If you breach these Terms and Savorite takes no action against you this does not mean that Savorite have waived its rights and remedies with regard to your breach. Savorite may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms.

10. Intellectual Property Rights and Data

Each party will have no rights with respect to the other party’s Intellectual Property other than those expressly granted in these Terms.

The use of this service will not grant you ownership rights to the Services, except for the limited license herein. The Savorite Marks shall remain the property of Savorite and we reserve all rights not granted in this Agreement.

11. License Grant to Merchant Content 

Savorite may use the Merchant name, logo, and other marks to identify you as a Savorite Merchant on the Savorite apps, website and other marketing materials.

During the Term of this Agreement and subject to all the Terms of this Agreement, you grant to us an irrevocable, non-exclusive, worldwide, royalty-free and fully paid license to collect, reproduce, distribute, display, modify, and otherwise use your restaurant content and marks through our website, app and other marketing materials such as newsletters, social media, blog posts, etc. in connection with the Services we provide you and to the extent necessary to provide those Services to you.

12. License to Our Platform 

We grant you a non-transferable, non-exclusive right to access and use the Platforms (the Savorite app and website) in compliance with these Terms.

You will not access the Platforms in order to build a similar or competitive service and you may not copy, reproduce, distribute, publish, display, post or transmit in any form or by any means any part of the Platform or services contained.

We reserve the right, at any time, to modify, suspend, or discontinue the Platforms with or without notice.

13. Confidential Information

Each party hereby agrees not to, at any time, directly or indirectly, disclose the other party’s Confidential Information acquired in connection with, or by the performance of, this Agreement except as permitted by this Agreement in order to fulfill its obligations and exercise its rights under this Agreement or to the extent the disclosure is required by applicable law.

Each party may share the other party’s Confidential Information with its employees, agents or contractors having a legitimate need to know, provided that these recipients are bound in written to confidentiality obligations no less protective than this Section.

14. Merchant Warranties

You agree and guarantee that:

  • You will not act in any way that has the effect of discouraging customers to use the Platform;
  • You will treat the Users of our Platform in the same manner and offering the same quality of service as Customers not using the Platform;
  • You are solely responsible for complying with all applicable laws relating to your business and in respect of the goods and services provided by you;
  • You are responsible for the content you provide and upload to our Platform and you warrant that all your Content complies with our Terms and the use of it will not infringe or violate the rights of any third party, including without limitation any intellectual property or proprietary rights; and
  • You are also responsible for maintaining appropriate website terms and conditions and privacy policies on your website and ensuring such policies comply with the law in your jurisdiction.
  • 15. Indemnification

    To the fullest extent permitted by law, you agree to defend and indemnify us from any claims or demand made by any third party relating to or arising from: (a) your use of the Services, (b) your Content or materials; (c) your breach of this Agreement; (d) a dispute with any Restaurant Customer; or (e) your violation of any law, regulations or the rights of any third parties.

    16. General

    16.1 Amendments and Notices

    Savorite may update or revise this Agreement from time to time.  Any notice or amendment to this Agreement shall be effective only if in writing. Each party consents to receiving electronic notices. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Paid Services.

    16.2 Independent Relationship

    Nothing herein contained shall be deemed to create a partnership, joint venture, agency, franchise or employment relationship. Neither party has the right to legally bind the other or incur any liabilities on the other party’s behalf without the other party’s prior written consent.

    16.3 Force Majeure. 

    Any delay or failure from any of the parties to perform its obligations under this Agreement (except payment obligations) due to causes beyond its reasonable control (such as strikes, failure or reduction of telecommunications or data networks or services, government act, etc.) shall be excused.

    16.4 Disclaimer

    To the maximum extent permitted by applicable law, each party makes no representation and hereby expressly disclaims all warranties or guarantees, express or implied, regarding its services and products merchantability, title, fitness for a particular purpose, performance or non-infringement. For instance, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

    16.5 Limitations of liability

    To the maximum extent permitted by applicable law, in no event will Savorite be liable for any loss of data, profit, revenue or business, interruption of business, reputational harm, or any indirect, special, incidental, or consequential damages arising from or relating to this agreement or your use of, or inability to use, the services.

    If we are liable to you for any reason, you expressly agree that our liability will be limited to the amount you have paid to Savorite in the prior twelve (12) months.

    16.6 Privacy Policy

    Savorite has a Privacy Policy in place to protect User’s privacy. Please visit https://savoriteapp.com/privacy-policy to view our current Privacy Policy, which also applies to the use of Savorite website.