These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “Customer”, or “Merchant”, or “Restaurant) and Dashingninja LLC (“Dashingninja”, “us”, “we” or “our”) for your use of web based services for restaurants such as takeout ordering and reservations and any related products or services (“Service” or “Services”) provided by dashingninja. This Agreement governs both the Services and any assigned account (“Account”) used in connection with the Services.
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services, through the Dashingninja website (dashingninja.com) or through any of the Dashingninja subdomains (the Dashingninja website and subdomains are collectively referred to herein as, the “Site”); or (ii) through the use of your Account and password; or (iii) your use of the Site.
Dashingninja provides a web-based platform for third-party restaurants ("Restaurants") to accept reservations and takeout orders from its patrons (“Patrons"). Dashinginja is not involved in the actual transaction between Restaurants and Patrons. As a Restaurant, you use the Site and the Services at your own risk.
The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.
Your submission of your order using the sign up form on the Site or receipt of an email confirmation signifies acceptance by Dashingninja of your order and the provision of your Account. Dashingninja may verify orders to prevent fraud. Should Dashingninja suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), Dashingninja may contact you by email or telephone regarding such suspected fraudulent order and, in Dashingninja’s sole discretion, we may interrupt, restrict, or terminate your Account without notice to you.
You represent and warrant that you possess the legal right and ability to enter into this Agreement on behalf of the restaurant. You agree not to use the Materials, Content, Services, and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or which damages our property.
When you sign-up for services provided by Dashingninja, we will send you an acknowledgment email and call your restaurant for verification. Each restaurant must provide a verifiable, working email address in order to proceed with the sign-up process. After verification, your account will be activated and an “admin” account created for your account. You will be able to log into the admin account on dashingninja management website, using the unique restaurant ID provided by email and the password you selected during sign-up.You will use the admin account to specify settings for the services you use such as hours of operation, menus for each shift, pricing, reservation settings etc. for your restaurant. Each Restaurant warrants and covenants such admin account or any additional accounts created by the restaurant on dashingninja have the authority to view and manage Restaurant's information as posted on dashingninja. You may publish your restaurant’s offerings on dashingninja by clicking on the “Go live” button in the management website. Please ensure that you have reviewed all settings before publishing your restaurant. Once you go live, your patrons will be able to order take-out from and make reservations at your restaurant using the dashingninja website.You will be able to view and manage online orders and reservations at the dashingninja management website using the admin account or any additional accounts created and authorized by the admin account.
If you use the reservation service on the dashingninja platform, you agree to honor reservations made through dashingninja. It is your responsibility to verify the reservation with the patron using the contact information provided by the patron to dashingninja during reservation. If sincere attempts at verification of the reservation with the patron are unsuccessful, you may mark the reservation as a no-show, after which those seats are released for reservation on dashingninja again. dashingninja is not liable for any losses incurred by the restaurant due to no-show.
If you use the takeout ordering service on the dashingninja platform, you agree to fulfill online orders in a timely manner and update status of the order on dashingninja. dashingninja is not liable for any losses incurred by the restaurant due to no-show for the takeout order.
Certain pages on the Site, or access to the Services and/or your Account, may be accessed only by use of a password and log-in. You are solely responsible for all uses of the Site and/or the Services and/or your Account with your password. You should change your password once each month. If your Services or Accounts are fraudulently used, you agree to immediately notify Dashingninja of such unauthorized use. We have the right to interrupt, restrict, or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
YOU AGREE THAT Dashingninja MAY SEND EMAIL MESSAGES TO YOU FROM TIME TO TIME REGARDING PLANNED SERVICE DOWNTIME, NEW FEATURES, AND OTHER COMMUNICATIONS THAT WE BELIEVE OUR USERS WILL WANT TO KNOW ABOUT.
YOU MAY OPT OUT OF RECEIVING THESE EMAILS BY CANCELLING YOUR Dashingninja SERVICE.
THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS ARE PROVIDED “AS IS”. WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third parties with respect to the Services (including, without limitation, by dealers or resellers of the Services) beyond those made by Dashingninja, your sole remedy for such reliance is against the third party making such representation or warranty.
We will make every available effort to keep Dashingninja Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control.
IN NO EVENT SHALL Dashingninja, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF Dashingninja HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Dashingninja ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT.
IN NO EVENT SHALL Dashingninja, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, Dashingninja SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND Dashingninja AGREE THAT IN NO EVENT SHALL LIABILITY OF Dashingninja TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
YOU AND Dashingninja AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND Dashingninja. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, Dashingninja WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
Dashingninja reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.
All Materials, Services, Accounts, and content, including, but not limited to, policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services (“Content”), are provided by Dashingninja unless indicated otherwise. All intellectual property rights in the Materials, Content, Services, and Accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Dashingninja. Dashingninja retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials, Content, Services and Accounts are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Dashingninja’s prior written permission.
If you accept payments on Dashingninja, Dashingninja will be sending transaction requests to your desired payment gateway. We make no guarantees as to the availability of your payment gateway and we are in no way responsible should your payment gateway provider have an outage, downtime, or erroneous operation of their systems.
Dashingninja is not a payment processor, merchant account provider, or payment gateway service. We are not responsible for any monies due to you related to transactions that have been processed through your payment gateway, merchant account provider, or any payment processors that you utilize in connection with the Dashingninja Services.
Dashingninja does not store any credit card information from your customers. Instead, we pass credit card information to your payment gateway, such as Authorize.Net, and they store it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to your payment gateway for storage by them.
Recurring Billing. By starting your dashingninja membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the dashingninja service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. If you change a plan in the middle of a subscription period, the prorated difference is calculated for the remaining days in the period. If the new dues are higher, you are charged the prorated difference. If the new dues are lower, your account is issued a credit equal to the prorated difference.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Canceling a subscription will not retroactively refund subscription payments, and previously charged subscription fees cannot be pro-rated based on cancellation date. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your dashingninja membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the dashingninja website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your dashingninja subscription at any time, and you will continue to have access to the dashingninja service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. Any credits accumulated towards subscription payment that have not been used will be forfeited on cancellation.
You may terminate this Agreement at any time by canceling your Service on the dashingninja management website. We may terminate this Agreement, at any time, without notice to you, if we believe, in our sole judgement, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued charges.
All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
You shall be charged the full amount of the fee for the month in which the Services were terminated. There is no pro-rated refund or discount provided when an account is terminated.
Please see our Privacy Policy as set forth on the Site (dashingninja.com).
If necessary and in accordance with applicable law, Dashingninja will cooperate with local, state, federal, international, and/or worldwide government authorities to protect this Site, Materials, Content, Services, Accounts, visitors, customers, Dashingninja, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts.
The linked sites are not necessarily under the control of Dashingninja and Dashingninja is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Dashingninja reserves the right to terminate any link or linking program at any time. Dashingninja has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Dashingninja shall not be responsible for notification of any change in name or location of any information on the Site.
We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined in the sole discretion of Dashingninja), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site (Dashingninja.com). If you do not agree to a significant change, you may terminate this Agreement by terminating use of the Services and/or by requesting that we terminate your Services.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Dashingninja to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Dashingninja, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF Dashingninja OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be sent only by electronic mail, addressed, (a) if to you, at the email address as kept in our files or (b) if to us, at: support@dashingninja.com
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, excluding that body of law applicable to conflicts of law.
You and Dashingninja agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in a New Hampshire state or federal court sitting in Hillsborough county, New Hampshire, United States of America. You and Dashingninja each waive any objection you or Dashingninja may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
You hereby consent to Dashingninja publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by Dashingninja.
This Agreement constitutes the entire agreement between Dashingninja and you with respect to your use of the Dashingninja Site, Materials, Content, Services, and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Dashingninja and you with respect thereto.
The failure of Dashingninja to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.