TERMS AND CONDITIONS OF SERVICE
These Terms of Service constitute a legal agreement between “Zapp.Guru” and “You”, both of which terms are more fully defined below.
ZappEats and Zapp.Guru are owned and operated by The Osterfeld Agency, Ltd., a Louisiana corporation. ZappEats (Zapp.Guru) provides a service to its restaurant and business clients and is NOT an employee or in any other way connected to that restaurant or other business.
Customers placing orders utilizing ZappEats (Zapp.Guru) agree as follows: Your transaction is with the restaurant or other business and any and all claims you may have (including but not limited to complaints about service, orders, delivery, food preparation, cost, charges, etc.) must be made only to the restaurant or other business directly and NOT to ZappEats (Zapp.Guru). All requests for refunds must be made directly to the restaurant or other buisness. You agree that any and all claims for refunds or damages whatsoever are the responsibility of the restaurant or other business and that ZappEats (Zapp.Guru) shall not itself be liable therefor.
When providing an email address during the course of utilizing this service you agree to receiving future emails and promotional offers. With each email you have the ability to request the removal of your email address from such list and opt out of future emails.
Subscribers additionally agree to be bound by the following terms and conditions:
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, including but not limited to Zapp.Guru ZappEats.com, Zapp.Social, ZappListings.com, and various 3rd party websites. Zapp.Guru takes no responsibility and is not liable 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 term “Zapp.Guru (including ZappEats.com, Zapp.Social, ZappListings.com)” itself shall mean “ Zapp.Guru (including ZappEats.com, Zapp.Social, ZappListings.com), 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 subsidiary or subcontracted website or business.
Zapp.Guru is a division of and 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. All disputes shall be only resolved by arbitration.
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 and not in the courts 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 further agree not to access, use or benefit from any portion of the Site or the Services except as intended by Zapp.Guru.
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 your own website and any and all 3rd party websites. You further agree that despite the fact that the Content provided by you remains yours, any and all “Work Product” created by Zapp.Guru (including but not limited to websites, menus, 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 (whether or not services have already been provided) but will not charge you for any future Services not yet paid for, nor will there be any cancellation fee.
MENU & LISTING: In the event Subscriber opts to engage Zapp.Guru to create, host and manage its online Menu & Listing or to take online orders on behalf of Subscriber, You agree:
- 1.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 and hold harmless 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.
- 2.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 your own website or any 3rd party websites. Zapp.Guru will not be liable for errors, omissions or inaccuracies in our Work Product.
- 3.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 your website and 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.
- 4.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. Notwithstanding, Zapp.Guru reserves the right to limit your edits if, in the opinion of Zapp.Guru, your edits and modifications become excessive.
- 5.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 for any reason. 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.
- 6.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.
WEBSITE CREATION AND HOSTING: For Subscribers who elect to have Zapp.Guru build and maintain a customized website the following will apply:
- 1.You are responsible for providing all Content to Zapp.Guru.
- 2.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.
- 3.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.
- 4.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 – no more than 1 update per week.
- 5.Upon account termination for any reason Subscriber’s website will be removed from the Zapp.Guru servers however the domain name remains the property of Subscriber, with the exception that if the domain name for any reason 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. Zapp.Guru is not liable for any loss of domain name.
- 6.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 email account on the Zapp.Guru server 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.
ONLINE ORDERING via Zapp.Guru – ACCOUNTING: The parties hereto agree that with regard to Online Ordering using a Zapp.Guru created menu the following shall apply:
NOTE: The following applies to Subscribers who are restaurants. Stores or other Subscribers may require additional or different ordering structures and Shopping Carts which differ from menus. As these are custom created for each non-restaurant Subscriber, these services will be individually discussed and additional fees quoted to Subscriber.
- 1.Zapp.Guru will create an interactive web based menu for Subscriber. Subscriber will have final approval of the finished menu which shall be searchable by all popular search engines such as Google and Bing.
- 2.Using the 3rd party STRIPE (see Stripe.com), Zapp.Guru, on behalf of Subscriber will accept orders and payments for orders for Subscriber and in Subscriber’s name. All credit card transactions shall be processed by STRIPE. Subscriber agrees to allow stripe to handle such transactions under the terms and conditions set forth by STRIPE, and to pay STRIPE a transaction fee of $0.30 per transaction plus 2.9% of the transaction and STRIPE will be solely responsible and liable for for any causes or actions involving the credit card transaction, knowing or storing any credit or bank account information, and similar liabilities common to credit card processing. Zapp.Guru shall have no liability for any claims or actions arising from or involving any credit card transactions and Subscriber agrees to indemnify and hold Zapp.Guru harmless (including attorney’s fees) from the same.
- 3.Subscriber must have an Android tablet. In the event that Subscriber does not have an Android tablet, Subscriber may request and Zapp.Guru will assist in securing a new or refurbished tablet with Subscriber’s permission and at Subscriber’s cost. Subscriber is responsible and liable for providing its own WiFi or wired connection to the internet as well as its own internet service provider and service. All Zapp.Guru orders are delivered to Subscriber via the Zapp.Guru App which will be provided to Subscriber by Zapp.Guru at no additional cost to Subscriber.
- 4.Subscriber is solely responsible and liable for fulfilling all customer orders. Zapp.Guru is only facilitating Online Ordering on behalf of Subscriber as an Independent Contractor and Zapp.Guru is not responsible nor liable for cooking, safety of cooking or fulfilling any orders. Subscriber agrees to indemnify and hold Zapp.Guru harmless (including attorney’s fees) from any and all claims made by any person or entity which involves the preparation, fulfillment or delivery of any orders or food.
- 5.The Zapp.Guru App will notify Subscriber of each order placed using Subscriber’s web based interactive menu. The App will sound an “alarm” to notify Subscriber of the order which Subscriber must either accept or reject. Zapp.Guru is not liable for any order once Subscriber has opted to accept or reject this alarm. In addition to the primary notification via the Zapp.Guru App, and at Subscriber’s request, Subscriber may also be notified of each order by email, text message and/or phone call.
- 6.Subscriber agrees that in addition to the order total, Zapp.Guru, on Subscriber’s behalf, shall charge each customer the appropriate tax percentage for the city, county or state in which Subscriber does business. Subscriber is solely responsible and liable for providing that tax percentage to Zapp.Guru. With each Accounting Period, as herein below described, those taxes collected by Zapp.Guru utilizing STRIPE on Subscribers behalf will be transferred to Subscriber and accounted for and that it is Subscriber’s sole responsibility and liability to pay any and all taxes of every kind on all orders.
- 7.Subscriber agrees that in addition to the order total and tax, Zapp.Guru may ask customers for and accept tips on behalf of Subscriber. All tips included in each Reporting Period shall be accounted for on the Excel Spreadsheet and included with and transferred in full with the physical check or ACH transfer via Chase Bank.
- 8.Subscriber agrees that in addition Subscriber allows Zapp.Guru to include as a service fee and charge each customer a $1 fee per order and collect the same from each customer transaction. This service fee shall belong to and retained by Zapp.Guru.
- 9.At Subscriber’s option, Subscriber may elect to have Zapp.Guru include a delivery or service fee of its own to its orders, all of which will be included in each Reporting Period’s transfer and report.
- 10.Once, approximately every two weeks when funds are delivered by STRIPE, Zapp.Guru will deduct $1 from each order (representing the Zapp.Guru service fee described in subparagraph 8, above) and at Subscriber’s sole discretion, deliver the balance to Subscriber by check using the US MAIL or (preferably) ACH the balance via Chase Bank directly into Subscribers bank account. At the same time Zapp.Guru will email an Excel Spreadsheet containing all orders for the accounting period, along with the customer’s contact information and showing all financial details such as order total, tax, tip and/or optional service fee.
- 11.If there is a monthly fee ($129/month/ $199/month $79/month respectively) due from Subscriber to Zapp.Guru and the credit card account provided to Zapp.Guru by Subscriber for the purposes of satisfying recurring monthly charges shall be declined for any reason, Zapp.Guru shall deduct this monthly fee from the total amount due to Subscriber during any Payment Period.
EMAIL MARKETING CAMPAIGNS: Subscribers who elect to have Zapp.Guru handle Email Marketing Campaigns for them, the following will apply:
At Subscribers election and request, Zapp.Guru may assist Subscriber in creating and disseminating a monthly email campaign utilizing the email addresses provided by Subscriber’s customers when placing orders. Zapp.Guru shall be responsible for securing customers’ permission to be on said list and for removing customers who opt out after receiving an email. In the event Subscriber wishes to add any customer emails to this list, Subscriber shall be responsible for securing customer’s permission to be on said list but Zapp.Guru shall still take responsibility for removing customer’s emails who opt out after receiving an email. Subscriber is solely responsible for providing all copy, text and graphics for said campaign. Zapp.Guru will send a copy of the final email for Subscriber’s approval and, unless Subscriber shall advise Zapp.Guru to the contrary, disseminate the same to all Subscriber’s customers. Zapp.Guru shall not be liable for claims or damages as a result of any email campaign nor any of the content thereof and Subscriber agrees to indemnify and hold Zapp.Guru harmless (including attorney’s fees) from the same.
SOCIAL MEDIA MANAGEMENT: Zapp,Guru offers two levels of Social Media Management services. You can use our dashboard to manage your own accounts on the various platforms or pay Zapp.Guru to manage them for you. Because social media is very personal, it is always best if the Subscriber utilizes our dashboard to manage things themselves. Zapp.Guru will train Subscriber in the use of our dashboard utilizing two phone conversations. Thereafter, Zapp.Guru will provide technical assistance to Subscriber in a reasonable amount of calls initiated by Subscriber.
As with all our services, the responsibility for the content of all social media postings is Subscriber’s. Zapp.Guru is not responsible for your content and Subscriber agrees to indemnify Zapp.Guru and hold it harmless from any and all claims and damages resulting from or arising out of the content of Subscriber’s social media posts or due to the use or the failure of our dashboard.
In the event Subscriber elects to have Zapp.Guru manage its social media, the following shall apply:
Subscriber shall be responsible for providing all content to Zapp.Guru and may assist in the planning and schedule of all postings. Social media planning is done once per month for the entire month. Occasional additions or changes in a Subscriber’s monthly plan will be accommodated at no charge to Subscriber though Zapp.Guru retains the right to limit such additions and changes if, in Zapp.Guru’s sole discretion, they become excessive. Working with 3rd party platforms is not always easy and often out of the control of either Zapp.Guru or Subscriber. Zapp.Guru will make every effort to conform to both the planning and schedule of posts but Subscriber agrees that Zapp.Guru will not be liable for any deviation from said plans or schedule or failure to make any particular post or posts.
Subscriber is responsible for providing access via logins and passwords to the various social media platforms which Subscriber wishes to utilize. In the event Subscriber wishes to use a platform(s) but has no account at that platform(s), Subscriber gives Zapp.Guru the right to establish said account(s) on Subscriber’s behalf. Said accounts shall belong to Subscriber and Zapp.Guru will immediately provide login and password information to Subscriber upon establishing all such accounts.
REPUTATION MONITORING: In the event Subscriber chooses to retain Zapp.Guru for its Reputation Monitoring, the following shall apply:
Subscriber will provide Zapp.Guru with access to all of the social media platforms it wishes Zapp.Guru to montior. Thereafter, Zapp.Guru will access and monitor the same. At Subscriber’s option depending upon the level of service subscribed to, Zapp.Guru will either a) advise Subscriber of any comments or reviews concerning Subscriber’s business which come to Zapp.Guru’s attention. We will suggest a response or responses but it is Subscriber’s responsibility to respond or not, and the content of that response, if any.
In the event Subscriber elects to purchase a higher level of monitoring, Zapp.Guru will respond to comments and reviews on behalf of Subscriber using a list of standard responses previously approved by Subscriber, or in the event that a review gives Subscriber’s business a review of “3 Stars” or less, or in the event Zapp.Guru should decide that a different response other than the pre-approved responses is desirable, Zapp.Guru will inform Subscriber before making that response.
Subscriber agrees that Zapp.Guru shall not be liable for any response it makes on Subscriber’s behalf, nor for failure to respond to any particular post or review.
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 hello@Zapp.Guru.com.
To avoid any final charge, all Termination Emails must be sent at least 7 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 (whether or not services have already been rendered) 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 in place with Zapp.Guru, or if Subscriber’s provided credit card expires or is declined, such Subscriber agrees that Zapp.Guru may (but is not required to) deduct any monthly or yearly recurring fees due from Subscriber to Zapp.Guru from any moneys due and owing from Zapp.Guru to Subscriber. 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 at our regular non-discounted terms, and collect payments from Subscriber until such time as Subscriber notifies Zapp.Guru of its desire to terminate services as provide above.
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 the Zapp.Guru server and all 3rd party websites without liability and 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 or services 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, whether direct or consequential, to Subscriber or its business in any way, seen or unseen, 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 Louisiana 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 by Subscriber and not for any damage, loss of business reputation, or other remedies.
Zapp.Guru may assign any 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. Notices to Zapp.Guru shall be emailed to email@example.com.