TastePro Terms and Conditions
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 2) made available in the United States and its territories and possessions by TastePro, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "TastePro"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TASTEPRO. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms, as well as the Terms and Conditions listed in TastePro's Payment Terms, Refund Policy and Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. TastePro may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. The Services
The Services comprise websites, mobile applications and related services (each, an "Application"), which enable users to arrange, schedule and purchase food tours, as well as the consumption of food, alcoholic and nonalcoholic drink, including with third party providers of such services and goods under agreement with TastePro or certain of TastePro's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to consume food, alcoholic and nonalcoholic drink for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by TastePro in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO CONSUME FOOD, ALCOHOLIC AND NONALCOHOLIC DRINK THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH TASTEPRO AS A PROVIDER OF FOOD, ALCOHOLIC AND NONALCOHOLIC DRINK.
License.
Subject to your compliance with these Terms, TastePro grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by TastePro and TastePro's licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TastePro; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that TastePro does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. TastePro does not endorse such third party services and content and in no event shall TastePro be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain TastePro's property or the property of TastePro's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner TastePro's company names, logos, product and service names, trademarks or services marks or those of TastePro's licensors.
3. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you may have the option to register for and maintain an active personal user Services account ("Account"). You must be at least 13 years of age, or the age of legal majority in your jurisdiction (if different than 13), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to TastePro certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by TastePro. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TastePro in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls.
You agree that TastePro may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an TastePro account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from TastePro at any time, by contacting info@GoTastePro.com. If you do not choose to opt out, TastePro may contact you as outlined in its User Privacy Statement, located at https://gotastepro.com/pages/privacy.
User Provided Content.
TastePro may, in TastePro's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TastePro through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to TastePro, you grant TastePro a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TastePro's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TastePro the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor TastePro's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TastePro in its sole discretion, whether or not such material may be protected by law. TastePro may, but shall not be obligated to, review, monitor, or remove User Content, at TastePro's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TastePro does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). TastePro will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a service fee, processing fees and applicable taxes.
All Charges and payments will be enabled by TastePro using the payment method entered at the time of purchase, or the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that TastePro may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by TastePro, per TastePro’s refund policy, available at https://gotastepro.com/pages/refund-policy.
As between you and TastePro, TastePro reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in TastePro's sole discretion. TastePro may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. TastePro may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and TastePro will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. Charges you incur will be owed and paid directly to TastePro or its affiliates, where TastePro is solely liable for any obligations to Third Party Providers. These charges can include food and alcoholic and/or nonalcoholic drink, but not other goods or services, including but not limited to parking fees, valet charges, merchandise, gift cards or gratuities, not specifically outlined on a Tastepro Third Party Provider’s listing page at the time of purchase. TastePro does not designate any portion of your payment as a tip or gratuity to a Third Party Provider, as Third Party Provider has sole discretion in determining tip or gratuity totals in relation to their total allocation of payment issued by TastePro. Any representation by TastePro (on TastePro's website, in the Application, or in TastePro's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that TastePro provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TASTEPRO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TASTEPRO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TASTEPRO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TASTEPRO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TASTEPRO, EVEN IF TASTEPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TASTEPRO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TASTEPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TASTEPRO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TASTEPRO'S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO CONSUME FOOD, ALCOHOLIC AND NONALCOHOLIC DRINK WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TASTEPRO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY FOOD, ALCOHOLIC AND NONALCOHOLIC DRINK PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
TASTEPRO SHALL NOT BE LIABLE FOR ANY OCCURRENCES OF ALCOHOLIC BEVERAGE CONSUMPTION BY PERSONS UNDER 21. TASTEPRO THIRD PARTY PROVIDERS ASSUME ALL RESPONSIBILITY FOR VERIFYING THAT ALL CONSUMERS ARE AT LEAST 21 YEARS OF AGE, AS VERIFIED BY VALID GOVERNMENT-ISSUED IDENTIFICATION, PRIOR TO SERVING ALCOHOLIC BEVERAGES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TASTEPRO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TASTEPRO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold TASTEPRO and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TASTEPRO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Updated May 5, 2020