Posted December 23rd, 2015
These Tasting Collective Terms and Conditions (this “Agreement”) are between Tasting Collective, Inc. a Delaware Corporation (“Tasting Collective” or “Us”) and user (the “User” or “You”). This Agreement governs access to and the use of the Tasting Collective website and all services offered thereon (the “Tasting Collective Website” or the “Services”).
Tasting Collective is an online platform which provides its members (each, a “Member”) with access to unique, privately curated dining experiences (“Events”) hosted by our restaurant partners (“Restaurant Partners”), as well as exclusive privileges and discounts (“Perks”) from a wide range of participating merchants and vendors (“Perk Partners”). The Services can be used to find information about Events and Perk Partners, and purchase reservations (each, a “Reservation”) to attend our Events or redeem our Perks.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT SERVICES WILL ALSO BE SUBJECT TO THIS AGREEMENT. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME ON THE TASTING COLLECTIVE WEBSITE. TASTING COLLECTIVE RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT BY POSTING UPDATES TO THESE TERMS AND CONDITIONS ON THE TASTING COLLECTIVE WEBSITE. YOU ARE ADVISED TO CHECK THIS AGREEMENT FROM TIME TO TIME FOR ANY UPDATES OR CHANGES THAT MAY IMPACT YOU.
1. Member Accounts and Non-Member Reservations .
Members . To access most of the functionality of the Services, make reservations at our exclusive Events, or redeem member Perks, you must sign up as a Member of Tasting Collective. To become a Member you must create an account (an “Account”) and pay Tasting Collective’s membership dues (the “Membership Dues”).
Non-Members . Certain Events may become open to non-members (“Non-Members”), for example by a link shared via email or a posting on the Tasting Collective Website. To make a Reservation to such Event, a Non-Member must complete the checkout process and make payment for the Reservation.
Accuracy of Information . During the Member sign-up and Account creation process, or during the checkout process for Non-Members, we will request certain information which will be associated with your Account (or, in the case of a Non-Member, your Reservation), including your name, email address and phone number (optional). Additionally, in order to make payments through the Services, you must provide the information requested by our payment processor, typically your name, credit card information and mailing address. You represent and warrant that all information you provide to Tasting Collective is complete, accurate and personal to you and that you will update such information as necessary to maintain its completeness and correctness. Violations of these terms, or any other terms in this Agreement may result in cancellation of your Account or Reservation or other measures as deemed appropriate by Tasting Collective in its sole discretion.
Age . To use the Services, you must be at least 21 years old. If you are incapable of entering into a binding contract in the jurisdiction in which you live, whether due to age or any other reason, you are prohibited from creating an Account or using the Services. At certain Events to which Reservations are offered on the Services, alcohol may be served. Our Restaurant Partners are required by law to request proof that you are at least 21 years of age prior to serving you any alcohol.
User Obligations . As a User, you agree to use the Services in compliance with this Agreement and the Tasting Collective Acceptable Use Policy.
Unauthorized Use & Access . User will prevent unauthorized use of the Services. User will promptly notify Tasting Collective of any unauthorized use of, or access to, the User’s Account or the Services. Each User is responsible for maintaining the confidentiality of such User’s password.
Restricted Uses . User will not (i) sell, resell, or lease the Services to Third Parties or (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury. User, not Tasting Collective, is responsible for User’s compliance with all local, state and federal laws.
Communication Setting Management. User is responsible for maintaining all “opt-in/out” settings for communications from or via the Services. Communications settings can be changed by contacting firstname.lastname@example.org .
Updated Contact Information . If User provides contact information to Tasting Collective, that is the information Tasting Collective will have on file for the User. To update that information (for example, to change an email address), please update your Account Settings within the Services or contact us at email@example.com .
2. Third Party Requests .
“Third Party Request” means a request from a third party for records relating to any User’s use of the Services including information in or from a User’s Account or other activities and transactions on the Services or at Events. Third Party Requests may include search warrants, court orders or subpoenas, or any other request for which there is written consent from User permitting a disclosure.
User is responsible for responding to Third Party Requests via its own access to User’s information and accounts. User will seek to obtain information required to respond to Third Party Requests and will request assistance from Tasting Collective only if it cannot obtain such information despite diligent efforts.
Tasting Collective will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify User of Tasting Collective’s receipt of a Third Party Request; (B) comply with User’s commercially reasonable requests supporting its efforts to oppose a Third Party Request; and (C) provide User with information or tools required for User to respond to the Third Party Request (if User is otherwise unable to obtain the information). If User fails to promptly respond to any Third Party Request, then Tasting Collective may, but will not be obligated, to do so.
3. Tasting Collective Events .
During the term of membership, Members have exclusive, priority access to unique, privately curated dining experiences. Members may purchase Reservations for themselves and their Guests by using the Services. Certain Events may also be open to Non-Members. Each Event is different, but there are some attributes common to all of them.
4. Agreement Between Diner and Restaurant Partner .
THE SERVICES FACILITATE THE SALE OF PRIX FIXE RESTAURANT RESERVATIONS, HOWEVER, TASTING COLLECTIVE IS NOT A PARTY TO THE RESERVATION. EACH TRANSACTION IS A DIRECT LEGAL CONTRACT BETWEEN THE DINER AND THE RESTAURANT PARTNER HOSTING THE EVENT. All Reservations include at least the following terms:
A. Promises of Restaurant
B. Promises of Diner
5. Tasting Collective Perks .
6. Member Referral Program
Tasting Collective offers a rewards program (the “Member Rewards Program”) for its Members. There is currently one way to receive rewards (“Referrals Credits”): (ii) for Members (“Referring Members”) who refer their friends and family to become members of Tasting Collective (“Referred Members”) through the offer links available at tastingcollective.com/invite-friends . Members may redeem Referral Credits to receive free tickets to Tasting Collective Events.
Referral Credits may not be redeemed unless the Member has enough Referral Credits for one of the above listed awards. Redeemed Referral Credits will be debited from the Member’s Rewards Program account, and any remaining Referral Credits may be applied towards future awards.
Any abuse of the Member Rewards Program (including without limitation, fraud, abuse, hijinks or tomfoolery), as determined by Tasting Collective in its sole discretion, may result in the rescission or cancellation of the Member’s Referral Credits, a determination that all Members involved are ineligible to participate in future offers or the Member Rewards Program, or any other action or actions Tasting Collective deems appropriate in its sole discretion.
Determination of referral eligibility and qualifying purchases, as well as any exceptions, are at the sole discretion of Tasting Collective. Tasting Collective reserves the right to verify and adjust offers at any time prior to or following posting and redemption.Tasting Collective reserves the right to amend, modify, suspend, discontinue or terminate the Member Rewards Program at any time at its sole discretion and without notice. Fraud or abuse may result in civil or criminal penalties or prosecution under applicable law.
7. Dues, Fees and Payments .
Membership Dues are collected on an annual basis. Membership Dues are currently $165 per year, but promotional offers and discounts may be available from time to time. Membership Dues are non-refundable. If Membership Dues ever change, we will notify you by email and announce such change in this Agreement. Membership automatically renews each year and Membership Dues will be automatically charged unless the membership is cancelled.
Members and Non-Members may be charged an administrative fees (a “Service Fee”) when making a Reservation. If a Service Fee will be charged for a Reservation, the amount of such Service Fee will be incorporated into the Seat Price.
All Membership Dues and Service Fees are collected by third party payment processors. Tasting Collective does not receive or store your credit card information. Upon signing up as a Member or making a Reservation as a Non-Member, you will be requested to provide payment information, which will be forwarded to our payment processor. We currently use Stripe as our payment processor. You can see more about Stripe’s terms and conditions here.
Payments made upon purchasing a Reservation are also processed by our payment processor. A small transaction fee is charged by our payment processor for performing this Service and will be automatically deducted together with your payment. Depending on the transaction, certain portions of the Seat Price may be applied to service or administrative fees paid to Tasting Collective. The remaining proceeds of the Seat Price for Reservations to Event are remitted to the corresponding Restaurant Partner.
You are responsible for paying any applicable additional fees or taxes associated with your use of the Services. We will never collect any additional fees or payments without giving you a chance to review and accept them.
8. Term and Termination .
This Agreement will remain in effect until the earlier to occur of: (i) Member requests deletion of such Member’s Account; (ii) payment of the Final Bill by a Non-Member Diner at the conclusion of the last Event to which such Non-Member has purchased a Reservation; or (iii) termination otherwise in accordance with this Agreement.
Tasting Collective reserves the right to discontinue the Services in their entirety at any time and without prior notice. Tasting Collective may cancel or suspend a Member Account if payment has not been made when due, with or without notice. If any User engages in any activity that is harmful to Tasting Collective, our other Diners and Restaurant Partners, our other Users, or any third parties, Tasting Collective will have the right to terminate or suspend such User’s Account or Reservations, or take any other necessary action immediately at Tasting Collective’s sole discretion and without prior notice.
If this Agreement terminates: the rights granted by Tasting Collective to User will cease immediately (except as set forth in this section); and Tasting Collective may delete any data relating to User’s Account. The following sections will survive expiration or termination of this Agreement: 2 (Third Party Requests), 8 (Term and Termination), 9 (Intellectual Property Rights), 10 (Disclaimers), 11 (Third Party Services), 12 (Indemnification), 13 (Limitation of Liability), 14 (Miscellaneous) and the Tasting Collective Acceptable Use Policy.
9. Intellectual Property Rights .
Reservation of Rights . THIS AGREEMENT DOES NOT GRANT TASTING COLLECTIVE ANY RIGHTS TO ANY INFORMATION UPLOADED BY USER OR THE INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN EXCEPT FOR THE LIMITED RIGHTS NEEDED TO RUN THE SERVICES, AS EXPRESSLY SET FORTH IN THIS AGREEMENT. This Agreement does not grant Users (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the Tasting Collective trademarks, logos, domain names, or other brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights. You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the Intellectual Property and proprietary and confidential information of Tasting Collective and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by Tasting Collective.
Recording Events . Diners and their Guests consent to Tasting Collective’s right to take photographs and/or video and audio recordings at Events and consent to the use of such photographs, video footage and audio footage from such Events for promotional purposes on the Tasting Collective Website or any other marketing purposes for Tasting Collective’s perk.
Restaurant Partner Intellectual Property . Restaurant Partners who agree to host Events and allow Tasting Collective to feature their restaurant in its listings grant to Tasting Collective the Intellectual Property Rights necessary to run the Services, including, without limitation, the right to use the Restaurant Partner’s name, description of the Restaurant Partner’s business, description of the Event, the Restaurant Partner’s Menu, and other similar information. Notwithstanding the foregoing, Restaurant Partners may request the removal or modification of any information which is displayed under such Restaurant Partner’s Event.
Suggestions . Once submitted, feedback, comments and suggestions regarding the Services become the property of Tasting Collective. We may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense any feedback, comments, or suggestions Users send Tasting Collective without any obligation to Users.
Open Source Code . The Services may incorporate certain independent code that is licensed under open source licenses (“Open Source Code”). To the extent that the Services are licensed to you, any Open Source Code incorporated therein is licensed to you in accordance with the applicable open source licenses. To the extent that this Agreement conflicts with any of those open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Copyrighted Materials; Copyright Notice . All content and other materials available through the Services, the Tasting Collective logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Tasting Collective or are the property of Tasting Collective’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor this Agreement grant you any right, title or interest in or to any such materials.
DMCA Policy. If you have evidence, know, or have a good faith belief that your intellectual property rights or the intellectual property rights of a third party have been violated by material made available in the Services, and you want Tasting Collective to delete, edit, or disable the material in question, you must provide Tasting Collective with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tasting Collective to locate the material; (d) information reasonably sufficient to permit Tasting Collective to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Tasting Collective’s designated agent at:
Attn: Copyright Agent
Tasting Collective, Inc.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, except as expressly stated in this Agreement, Tasting Collective makes no warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use or non-infringement and any warranties arising out of the course of dealing or usage of trade. Your use of the Services is at your own risk, and Tasting Collective makes no warranty that the Services will meet your requirements or be available on any uninterrupted, secure, or error-free basis, or operate at any particular speed. Tasting Collective makes no representations about information uploaded or posted by Users or Restaurant Partners, whether in respect of an Event, a review or comment by any User, or any other matter. All information submitted to the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that information originated. Tasting Collective is not responsible for the accuracy, completeness, appropriateness, or legality of any information provided by any User or Restaurant Partner. Tasting Collective has no responsibility or liability for any failure of the Services to store data, information, content, or files, the deletion of data, information, content, or files stored on the Services, or for the corruption of or loss of any data, information, content, or files stored on the Services. RESTAURANT PARTNERS ARE SOLELY RESPONSIBLE FOR THE EVENTS THEY HOST AND THE FOOD, BEVERAGES AND SERVICES THEY PROVIDE. TASTING COLLECTIVE HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR OMISSIONS OF ANY OF ITS RESTAURANT PARTNERS, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CLAIMS ARISING OUT OF EVENTS WHICH OCCUR AT A RESTAURANT PARTNER EVENT TO WHICH TASTING COLLECTIVE HAS SOLD RESERVATIONS.
11. Third Party Services .
If a User uses any third-party service with the Services, (a) such third party service may access or use User’s information; (b) Tasting Collective will not be responsible for any act or omission of the third party, including the third party’s use of User’s information; and (c) Tasting Collective does not warrant or support any service provided by the third party.
Links to Third-Party Websites or Resources . The Services may contain links to third-party websites or resources, including without limitation websites provided by Restaurant Partners. Tasting Collective provides, or allows display of, these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.
User will indemnify, defend, and hold harmless Tasting Collective, its officers, directors, employees, contractors and agents from and against all claims, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, settlement costs and reasonable attorneys’ fees) arising out of any third party claim (including without limitation claims by Restaurant Partners) regarding: (i) any act or omission by such User or such User’s Guest at an Event; (ii) information submitted to the Services by User; and (iii) User’s use of the Services in violation of this Agreement, the Tasting Collective Acceptable Use Policy , any law or the rights (including contractual rights) of any third parties.
13. Limitation of Liability .
Limitation on Indirect Liability . TASTING COLLECTIVE WILL NOT BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES EVEN IF TASTING COLLECTIVE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Limitation on Amount of Liability . TASTING COLLECTIVE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES COLLECTED BY TASTING COLLECTIVE IN RESPECT OF TRANSACTIONS TO WHICH THE USER MAKING THE CLAIM(S) HEREUNDER WAS A PARTY DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (II) $100. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS SECTION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TASTING COLLECTIVE AND USER.
14. Miscellaneous .
Terms Modification . Tasting Collective may revise this Agreement from time to time and the most current version will always be available to view on the Tasting Collective Website. If a revision, in Tasting Collective’s sole discretion, is material, Tasting Collective will notify you (for example to the email address you provided). You are responsible for checking this Agreement and the Tasting Collective Acceptable Use Policy regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If User does not agree to the revised Agreement terms, User must stop using the Services.
Entire Agreement . This Agreement constitutes the entire agreement between you and Tasting Collective with respect to the subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement
Governing Law . This Agreement and the Services will be governed by New York law except for its conflicts of laws principles.
Disputes, Venue .
Severability . If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, unenforceable or in conflict with any law, the unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of this Agreement will remain in full effect.
Notice. Notices may be sent electronically, must include “LEGAL NOTICE” in the subject line, and are deemed given when received. Notices to you may also be sent to the applicable email address you provided, and are deemed given when sent. Notices to Tasting Collective must be sent to:
Tasting Collective, Inc.
Waiver . A waiver of any default is not a waiver of any subsequent default.
Assignment . User may not assign or transfer any part of this Agreement without the written consent of Tasting Collective. Tasting Collective may not assign this Agreement without providing notice to User, except Tasting Collective may assign this Agreement to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
No Agency . Tasting Collective and User are not legal partners or agents, but are independent contractors.
Publicity and Likeness . Tasting Collective may film, photograph or make audio recordings of certain Events. Diners and their Guests consent to such recordings and grant Tasting Collective from using them for marketing purposes on the Tasting Collective website, advertisements and social media accounts.
Force Majeure . Neither Tasting Collective nor User will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
No Third-Party Beneficiaries . There are no third-party beneficiaries to this Agreement.
Export Restrictions . The Services originate in the United States, and are subject to United States export laws and regulations. The Services may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and applicable foreign laws related to use of the Services.
Tasting Collective is proud to offer its Members the opportunity to purchase Reservations for exclusive curated private dining experiences, and wants all of its Users to enjoy the perks such a marketplace can provide. While we do not want to place undue restrictions on the ways in which you can use the Services, we must ask that you use them responsibly.
As a condition to our provision of the Services, you must agree to refrain from any actions which could be harmful to Tasting Collective, other Users, or any third parties. In particular, you must never use the Services, nor attempt to use the Services, to do any of the following:
• Scan, test or probe any computer network for security vulnerabilities;
• Circumvent or attempt to circumvent security, authentication or verification measures;
• Access, tamper with or use any non-public areas of the Services or Tasting Collective’s computer systems, or the technical delivery systems of Tasting Collective or its providers;
• Reverse engineer any of Tasting Collective’s proprietary technology;
• Access the Services in any manner other than our publicly-supported interfaces (for example, “scraping”);
• Threaten to, or actually, harm, disrupt or interfere with any user, host or network, for example by spamming, sending a virus, overloading, mail-bombing or attempting a denial of service attack;
• Send information with deceptive or false source-identifying information, otherwise known as “phishing,” or otherwise misrepresent your identity or affiliation with any person or entity;
• Send unsolicited email, junk mail, chain-letters, advertisements, promotions or other “spam” messages;
• Publish any fraudulent, misleading, defamatory or libelous material or information that otherwise infringes on the rights of others;
• Distribute or plant malware;
• Upload or share any materials that (i) infringe or misappropriate the intellectual property rights or violate the privacy rights of any party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity), (ii) are unlawfully obscene or pornographic, (iii) advocate bigotry, religious, racial or ethnic hatred or (iv) incite violence; or
• Violate any law or regulation or the rights (including contractual rights) of any third party.
Tasting Collective reserves the right to monitor the Services and investigate suspected violations of this Acceptable Use Policy, and to choose, in its sole discretion, how to respond to violations, including without limitation: suspension or termination of access to the Services, banning IP addresses, deletion of the offending data or files, notification of the relevant authorities or prosecution.