LAST UPDATED: April 26, 2018
RIISU Inc. (“RIISU,” “we,” “us,” or “our”) is willing to provide you access to and use of its remote restaurant ordering system or mobile application (the “Mobile App”), technology, and related services (the “Services”).
DESCRIPTION OF SERVICES
RIISU helps travelers reserve restaurants overseas. We provide translated menu to travelers so that they can dine in local restaurants without an international menu. We provide an App which also has ordering mode in which diners can directly order their foods using the platform.
Our Application provides menus translated to English language. While we strive to keep the translations as precise as possible, we cannot guarantee that the translation 100% corresponds to the original content of the menu. Deviations may occur due to the various reasons, including, but not limited to, changes in the menu we are not aware of.
If the photo of a certain dish is provided in the menu, please mind that we do not represent or guarantee that the ordered meal will look the same.
RIISU makes available restaurant reservation services through the Mobile App to User or assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through the Mobile App, RIISU contacts the Restaurant’s computerized database of reservations, as applicable. The availability of reservations is determined at the time of User’s query and based on information provided to RIISU by the Restaurant. Once a reservation request is made by User through the RIISU mobile App, RIISU will provide confirmation of the reservation status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services, User agrees to receive reservation confirmations, updates, modifications and/or cancellations by email or other electronic messages.
Although you are able to place orders through the Services, RIISU is not an actual party to any such transaction. Your order is between you and the restaurant from which you order. Accordingly, we shall have no liability to any party in connection with such transactions including without limitation, for inaccuracies in menu dishes, ingredients, possible allergens, prices, or any other items related to the dining.
We do our best to provide all the allergen information as provided by restaurants, and to identify the most common ones. However, please be aware of the risk that, depending on the respective restaurant suppliers the ingredients may change, or the restaurant may use the substitute for the any of the ingredients at any time, without notice. If you are concerned with food allergies, you must be aware of these risks and properly check with each of the restaurants for the possible risks.
RIISU cannot assume any liability for any reactions to the food consumed in the restaurants booked or found via our App, because we have no means to influence this.
We may also provide third party advertisements on our Mobile App. Although we do screen the ads we cannot guarantee that these ads will not offend you and we disclaim all liability pertaining to such ads.
Subject to the terms and conditions of this agreement, RIISU grants you a non-transferable, revocable, non-exclusive, non-sublicensable, royalty-free license to access and use the Service for your internal, person, non-commercial purpose of ordering and paying for orders (defined below). In connection with your access to or use of the website or the Services, or in the course of your interactions with RIISU, you will not: (a) violate any law, statute, ordinance, or regulation; (b) infringe RIISU’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (c) act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) provide false, inaccurate or misleading information; (e) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to RIISU; (f) take any action that imposes an unreasonable or disproportionately large load on RIISU infrastructure; (g) transmit or facilitate the transmission of any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Service; (h) reverse engineer the RIISU software or Service.
We provide a few simple rules to follow. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
A. You will not use the Services for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
B. You will not access or use the Services to collect any market research for competing businesses;
C. You will not upload, post, e-mail, transmit, or otherwise make available any content that:
i. infringes any copyright, trademark, or other proprietary rights of any person or entity; or
ii. is threatening, tortuous, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
iii. discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
D. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
E. You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice.
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand it. You may not use the Services to purchase alcohol.
To use some of the Services or features made available through the Mobile App it is required to register by creating an account (an "Account") and accepting any Terms applicable to such registration as notified to you at the time of registration.
The information you provide in order to create an Account must be complete and accurate and kept updated, and will include a name, valid e-mail address, phone number, and other information as prompted by registration forms. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may not use another User’s Account or registration information for our Mobile App without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account.
You shall have the ability to deactivate your Account.
Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be suspended if you are a no-show for three reservations within a 12-month period. User agrees that all final no-show determinations will be made by RIISU in its sole discretion.
Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.
All refunds are subject to the refund policies of the restaurants from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable restaurant. We will use reasonable efforts to request and obtain refunds when appropriate.
All payments shall be made through the Mobile App via Stripe.
You must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this agreement.
If you have a question about a transaction on your credit card statement, please contact us.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of RIISU (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under California, United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of RIISU (“RIISU Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of RIISU Inc.. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with RIISU Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of RIISU Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
All pictures copyright belongs to their respective owner(s). We do not claim ownership of any of the pictures displayed within our Services unless stated otherwise. We do not knowingly intend or attempt to offend or violate any copyright or intellectual property rights of any entity.
If you believe that any Content violates your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to the addresses provided in the Contact us section. The written notice (the “DMCA Notice”) must include substantially the following:
● Identification of the copyrighted work you believe to have been infringed or a representative list of such works;
● Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
● Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
● A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
● A statement that the information in the written notice is accurate;
● A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
● Your physical or electronic signature.
COMMUNICATIONS TO RIISU AND USER SUBMISSIONS
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
NO WARRANTIES/LIMITATION OF LIABILITY
ALTHOUGH WE TAKE OUR CUSTOMERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, PLEASE CONTACT THE RESTAURANT DIRECTLY. WE ARE ONLY A PLATFORM AND INTERMEDIARY AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY PERTAINING TO THE FOOD PURCHASED AT ANY RESTAURANT.
WE SHALL NOT BE RESPONSIBLE FOR ANY MISHAP THAT MIGHT OCCUR TO THE DRIVERS DELIVERING THE ORDERS.
WE DO NOT AND CANNOT MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE NAMES, PRICES, INGREDIENTS OF THE DISHES OR THE ALLERGENS CONTAINED THEREIN. IF YOU WISH TO OBTAIN FULL INFORMATION ABOUT THE POSSIBLE ALLERGENS, PLEASE CONTACT THE RESTAURANT DIRECTLY.
WE SHALL NOT BE RESPONSIBLE IF THE DISH YOU ORDER DOES NOT CORRESPOND IN ANY WAY TO THE DESCRIPTION PROVIDED IN OUR MOBILE APP, INCLUDING, BUT NOT LIMITED TO, INGREDIENTS, ALLERGENS, APPEARANCE OR TASTE OF THE DISH.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THEIR SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms or your access to, use, or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
These terms shall be governed by and construed in accordance with the laws of California and the United States, without giving effect to its principles of conflicts of laws. Any litigation based hereon, or arising out of or in connection with a default by either party in the performance of its obligations hereunder, shall be brought and maintained and adjudicated exclusively in California and enforceable in any court of competent jurisdiction. Each party hereby irrevocably submits to the jurisdiction of such arbitration and irrevocably agrees to be bound by any judgment rendered thereby. Notwithstanding the foregoing, we may bring an action for injunctive relief in any court of competent jurisdiction.
If any provision of these terms is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
932 Adams Street
Albany, CA 94706