ZappEats Service Agreement:
TERMS AND CONDITIONS OF SERVICE
By accessing and/or using this Website, or subscribing to any Services offered on this Website, or benefiting in any way (no matter how small or trivial that benefit may be) from this Website, all of which is herein described using the term “Services”, You acknowledge that 1) you are at least 18 years of age and capable of giving your consent hereto, and 2) you agree with and accept these Terms and Conditions of Service (“Terms”).
These Terms may be altered, modified or changed at any time and you are responsible for reviewing these Terms from time to time to read and understand the same. By your continued use of these Services, you agree to those terms as modified from time to time and posted here.
Services are only provided to business entities that agree to these Terms and any individual agreeing to these Terms on behalf of any business entity warrants that they have the authority to do so on behalf of that business entity.
This Website may include links to other websites. Zapp.guru takes no responsibility for content on other websites despite the fact that they may be linked to this Website.
The terms “You” and/or “User” means anyone who accesses this Website in any manner.
The term “Subscriber” means any one or any entity who agrees to utilize the Services offered on this Website.
The terms “Website”, “Site”, “and “Zapp.guru” shall each mean “Zapp.guru”.
The term “Zapp.guru” itself shall mean “ Zapp.guru, its owner corporation (The Osterfeld Agency, Ltd., a Louisiana corporation) including its shareholders, directors and officers, service providers, employees, assigns, agents and the operators of this Website” and any subcontracted website or business.
Zapp.guru is owned by The Osterfeld Agency, Ltd., a Louisiana corporation. By accessing this Site or utilizing any of the Services offered on this Website you agree that the Laws of the State of Louisiana shall govern and have sole jurisdiction.
Both Zapp.guru and Subscriber agree that in the event of a dispute concerning these Terms and Conditions of Service the same shall be adjudicated via arbitration pursuant to the terms of the Federal Arbitration Act prior to any legal action in the State of Louisiana.
In consideration for the promises below stated, and other good and valuable consideration the receipt and sufficiency of which the parties hereto acknowledge, the parties hereto agree:
You agree not to distribute any portion of the Site or the Services in any way on any platform except it be as specifically authorized within the Site.
You agree to allow Zapp.guru or its parent corporation to post, repost and otherwise “Use” any and all photographs, logos, artwork, text or information (“Content”) which You provide in order for Zapp.guru to perform the Services contemplated hereunder. You authorize and grant to Zapp.guru the right to edit, reproduce, copy, post, publish and distribute your Content on any and all 3rd party websites. You further agree that despite the fact that the Content provided by you remains yours, all any and all “Work Product” created by Zapp.guru (including but not limited to edits, reproductions, copies, posts, publications and distributions of your Content by Zapp.guru) will belong to Zapp.guru. You understand and agree that Zapp.guru will retain all of its Work Product in the event you choose to cancel or terminate our services.
Both parties agree that you may cancel or terminate these Services at any time and for any reason and in such event Zapp.guru shall retain any payments which have already been made but will not charge you for any future Services not yet paid for, nor will there be any cancellation fee.
MENU & LISTING: If you have Subscribed to our Menu & Listing Services you agree:
- That you are responsible for providing all Content to Zapp.guru in terms of your general business information (name, address, website URL, phone and hours of operation, etc.) and all menu information (menu items, descriptions, ingredients, pricing, etc..) using our Web form or via email. Subscriber shall be responsible for permission to use all content provided. Subscriber agrees that Zapp.guru shall not be liable and Subscriber shall indemnify Zapp.guru from all liability (including attorneys’ fees) for any claim that Subscriber did not possess the legal right to (or right to publish) any content provided to Zapp.guru by Subscriber.
- Zapp.guru will convert your information to our format according to the level of Services to which you’ve Subscribed. You will then be provided with access to our Work Product to review and edit. You are solely responsible to review our Work Product for errors, mistakes, typos, etc., and to confirm our Work Product prior to our publishing/posting it on 3rd party websites. Zapp.guru will not be liable for errors, omissions or inaccuracies in our Work Product.
- You agree that the sole responsibility of Zapp.guru shall be to create the Work Product, provide it to you for review and corrections and upon your approval, to post it to 3rd party websites and that Zapp.guru shall not be liable to you or your business for any damages, loss of income or unintended consequences, nor shall Zapp.guru bear any liability or responsibility for the actions or inaction of any 3rd party website. Zapp.guru shall not be liable for failure to provide our Work Product to any 3rd party website.
- You may update or make changes to your Content at anytime by providing such edits to Zapp.guru via our Web form or via email and Zapp.guru agrees to alter its Work Product to include such changes as soon as possible but makes no representations as to how long it will take Zapp.guru to make such changes nor for how long any 3rd party website takes to update their websites. You will not be charged for changes or updates.
- Zapp.guru, at its sole discretion, will determine which 3rd party websites to which it will post your content and reserves the absolute right to remove its Work Product from any such 3rd party websites at any time. You grant to Zapp.guru the right to create, claim or open new accounts or update your existing accounts for you and your business on any 3rd party website which Zapp.guru chooses without notice to you and you agree to abide by the terms of service to all such 3rd party websites.
- Zapp.guru is not required to use any 3rd party website on behalf of any Subscriber and may terminate use of any and all such 3rd party websites at the sole discretion of Zapp.guru without prior consultation with the Subscriber. Zapp.guru shall not become liable for any damages claimed by Subscriber as a result of the fact that Zapp.guru elected to use any 3rd party website, elected not to use or terminated use of the same.
If you have subscribed to social media Reputation Monitoring then Subscriber grants the right for Zapp.guru to take control of Subscriber’s social media accounts or open accounts (claim business pages) in Subscriber’s name with various social media platforms. Subscriber shall specifically list each social media platform which Zapp.guru will monitor on behalf of Subscriber.
Zapp.guru will provide Subscriber with monthly reports detailing activity on each such social media account. In the event Zapp.guru detects a negative posting or review on any of those accounts it will notify Subscriber by email and recommend a response course of action to Subscriber. Zapp.guru will not make that response on behalf of Subscriber unless directed by Subscriber at that time. Zapp.guru attempts to notify Subscriber of negative postings and reviews within 24 hours. Subscriber understands that Zapp.guru shall not be liable for failure to notify Subscriber nor for failure to act on Subscriber’s behalf or in a timely manner. Zapp.guru is not liable for any consequences of any recommendation or advice given to Subscriber.
In the event an account is terminated by either party all Social Media accounts remain the property of the Subscriber who is advised to change passwords on all such accounts.
MANAGES SOCIAL MEDIA POSTING
For Subscribers who elect to participate, Zapp.guru will manage up to three (3) social media accounts at Subscriber’s choosing and make up to three (3) social media posts per week per platform (total of 9 posts per week) on behalf of Subscriber.
Subscribers electing to have Zapp.guru manage its online social media will determine which social media platforms Zapp.guru will manage and provide Zapp.guru with the content (information, text, photographs, videos, etc..) necessary to make such postings.
Zapp.guru may suggest or recommend ideas or content to Subscriber, but it is Subscriber’s responsibility to provide all necessary content for all postings.
Zapp.guru will create a posting and email details of said posting for Subscriber’s approval. In the event Subscriber disapproves of or wishes to make changes to said proposed post, Subscriber must notify Zapp.guru by email within 24 hours. Unless Subscriber shall disprove or make changes to said proposed post within 24 hours, Zapp.guru shall post the same to Subscriber’s social media accounts. Zapp.guru shall not be liable to Subscriber for the content of any social media post or for failure to post.
WEBSITE CREATION AND HOSTING
For Subscribers who elect to have Zapp.guru build and maintain a customized website the following will apply:
- As creation of a website require communication between Subscriber and That you are responsible for providing all Content to Zapp.guru
- Zapp.guru will convert your information to one of our customizable themes of Subscriber’s choice and according to the level of Services to which you’ve Subscribed. You will then be provided with access to our Work Product to review and edit. You are solely responsible to review our Work Product for errors, mistakes, typos, etc., and to confirm our Work Product prior to our publishing/posting it to the internet. Zapp.guru will not be liable for errors, omissions or inaccuracies in our Work Product.
- You agree that the sole responsibility of Zapp.guru shall be to create the Work Product, provide it to you for review and corrections and upon your approval, to host and maintain that website on our servers and that Zapp.guru shall not be liable to you or your business for any damages, loss of income or unintended consequences. Zapp.guru shall not be liable for outages or site down time.
- You may update or make changes to your Content at anytime by providing such edits to Zapp.guru via our Web form or via email and Zapp.guru agrees to alter its Work Product to include such changes as soon as possible but makes no representations as to how long it will take Zapp.guru to make such changes. You will not be charged for changes or updates (within reason – if you’re sending a ton we’re going to have to talk.)
- Upon account termination for any reason Subscriber’s website will be removed from the Zapplisting.com servers however the domain name remains the property of Subscriber, with the exception that if the domain name was purchased by Zapp.guru, Subscriber agrees to pay a processing and transfer fee of $149 at which time Zapp.guru will transfer that domain to the web domain registrant of Subscriber’s choice. Zapp.guru will not renew any domain registration which expires after the date of account termination unless and until said processing and transfer fee is paid. ZappListing.com is not liable for any loss of domain name.
- Upon account termination for any reason and during the first thirty (30) days following account termination, at Subscriber’s emailed request and upon payment of a one-time processing and transfer fee of $99, Zapp.guru will transfer any or all of Subscriber’s email from its ZappListing.com email account to a Subscriber accessible folder for Subscriber’s access. All emails, whether transferred to an accessible folder or not will be permanently deleted thirty (30 days after account termination.
GIFT CARD PROCESSING
In the event Subscriber opts to utilize Zapp.guru for gift card sales Subscriber authorizes Zapp.guru to sell gift cards in all dollar amounts or in dollar amounts as Subscriber shall advise Zapp.guru in writing and to process such sales through Zapp.guru account.
Zapp.guru will notify Subscriber of each sale via email providing the purchaser’s name, dollar amount and unique redemption code number.
Subscriber may program redemption into its own POS, download and utilize an App as provided by Zapp.guru or utilize Zapp.guru web portal.
In addition to the dollar amount of the gift card purchase, there is a 2.6% processing fee, 1.9% third party processor fee and a 2% Zapp.guru fee for a total of 6.5%. At Subscriber’s option, Zapp.guru can add this to the dollar amount charged to purchaser or bill Subscriber for the same (as some restaurants consider the 6.5% like a discount to induce the sale.)
On a monthly basis (estimated to be the 10th of each month) Zapp.guru will provide Subscriber with a detailed accounting and payment for all gift card sales.
Subscriber agrees to honor all gift cards sold by Zapp.guru providing Zapp.guru has notified Subscriber of the sale, and to indemnify and hold Zapp.guru harmless from complaints or actions by purchaser in the event Subscriber shall fail to honor the card.
PAYMENTS AND BILLING
You are free to terminate our services at any time by submitting a termination notice by
sending an email clearly stating that you want to terminate service to firstname.lastname@example.org
To avoid any final charge, all Termination Emails must be sent at least 3 days prior to your Auto Renew Date.
Upon proper and timely notice of termination Zapp.guru shall not bill nor charge Subscriber for any future services. Amounts already billed and paid by Subscriber to Zapp.guru shall remain the property of Zapp.guru.
All fees for services provided by Zapp.guru shall be payable by Subscriber on a monthly or yearly recurring basis using the credit card or other billing information supplied to Zapp.guru by Subscriber. Subscribers will continue being billed (Subscriber hereby authorizes Zapp.guru to charge the account provided) either monthly or yearly depending upon their original purchase of services until such time as notice to terminate is given.
If Subscriber should not have a currently active payment plan with in place with Zapp.guru, or if Subscriber’s provided credit card expires or is declined) such Subscriber shall receive a statement of account which is due and payable within five business days. Failure to timely pay will result in a suspension of services including Subscriber’s business and menu listings on all 3rd party websites unless and until such account with Zapp.guru is brought current.
On occasion Zapp.guru may offer discounts and/or free trial periods for new Subscribers only. In those events Subscriber must still provide Zapp.guru with accurate, active billing information. Unless Subscriber shall provide notice of termination as described above, upon the expiration of any trial or discounted billing period, Subscriber authorizes, and Zapp.guru shall begin, automatic, recurring billing and collect payments from Subscriber until such time as Subscriber notifies Zapp.guru of its desire to terminate services as provide above.
In the event Zapp.guru should terminate Subscriber without cause after the 3rd month of service, Zapp.guru shall refund a prorated share of any amounts prepaid for services by Subscriber. In all other cases, prepayments are non-refundable.
Should any account be terminated for any reason, Zapp.guru may, at its sole discretion, remove and delete all of Subscriber’s business data from all 3rd party websites without notice to Subscriber.
Both Zapp.guru and Subscriber warrant that they have the right and authority to enter into this agreement and Subscriber warrants that it has such right and authority to bind the business entity it purports to represent.
Subscriber warrants its understanding that Zapp.guru is not responsible nor can it control any part of 3rd party websites and that each Subscriber accepts the services of Zapp.guru at its own risk. Subscriber warrants its understanding that Zapp.guru is not liable for any damages to Subscriber or its business in any way, including but not limited to interruption of service, loss or theft of data.
Zapp.guru makes no other warranties or promises of any kind to Subscriber.
LIMITATIONS, DISCLAIMERS, RELEASES
Zapp.guru is owned by and utilizes the services of The Osterfeld Agency, Ltd., a Lousiana corporation, as well as various 3rd party websites and 3rd party businesses to fulfill its commitments to Subscriber. Subscriber agrees that Zapp.guru is not responsible for the actions or inaction of those companies and is not liable for any breach of their terms of service whatsoever. Subscriber hereby releases Zapp.guru and The Osterfeld Agency, Ltd. from any and all claims of liability which relates to its services, content posted on Subscriber’s website or any 3rd party website and/or use of any 3rd party business to effect the services contemplated hereunder. Further, Subscriber agrees to indemnify and hold Zapp.guru and The Osterfeld Agency,Ltd. harmless from any and all claims (including attorney’s fees) which arise from any alleged breach of these Terms and Conditions of Service, or from any of the Services herein contemplated. Subscriber agrees to give Zapp.guru immediate and timely notice of any such claims. Even in the event that a competent court shall determine that Zapp.guru has liability, Subscriber agrees that it’s sole remedy shall be the return of any moneys actually paid to Zapp.guru and not for any damage, loss of business or reputation, or other remedies.
Zapp.guru may assign and and all of its rights hereunder.
Zapp.guru is not an employee of Subscriber and in all respects shall be an independent contractor.
Notices required or desired shall be given to Subscribers by email to the email address provided by Subscriber at the time of commitment to services. email@example.com