Terms of Service for Merchant
The platform on Gobble (and its Mobile Apps/Websites) are for advertising and promotional purposes by Merchants. Merchants may refer to anyone who owns, represents or is employed/related in whatsoever way to any food and/or drink establishments or any other business. Gobble only accepts information on food and drink deals on promotion/offer/discount to be published at our platform.
You are to ensure the relevancy and accuracy of deals’ information to avoid any disputes or misunderstandings with end consumers. You are also obligated to honour the on-going deals that you offer. In situations of ambiguity, you should give the benefit of doubt to end consumers on a goodwill basis to safeguard your reputation and interests. Gobble cannot be held liable for any loss or damages arising from the use of our services under any circumstances.
PLEASE READ THIS CONTRACT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE LIMITATIONS ON LIABILITY, A DISCLAIMER OF ALL WARRANTIES, AND A REQUIREMENT THAT YOU PAY US FOR VIOLATING CERTAIN TERMS OF THIS CONTRACT.
We reserve the right to change these Terms of Service (“Terms”) without notice. We will post the latest version of these Terms on this page and the date these terms are updated will be indicated at the bottom of this page. Your continued use of the Service (defined below) after any revision constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may choose not to use or access the Service.
1 Contract between You & Gobble
2 Usage of the Service
You may use the Service to post information regarding promotions/offers/discounts at your food and/or drink establishments, and for any other businesses, buy credits in exchange for advertising spaces on Gobble. Gobble reserves the right to amend/reject any information or advertisement, whether part or whole, which it deems inappropriate at its sole discretion.
You may not use the Service to:
• Exaggerate, mislead or falsify the benefits of your product/service.
• Post any other information that are false or misleading, including reviews that are fabricated or exaggerated.
• Violate any of the above condition even if you are posting such content on behalf of another person.
If you breach this Agreement or use the Service for advertising, promotion, or other commercial uses without obtaining consent from Gobble, you acknowledge that you will have caused substantial harm or damage to Gobble. Your account may be suspended or terminated at our discretion. We further reserve the right to recover any reasonable losses, or liability to other parties, as a result of your action.
This will not be interpreted to prohibit you from posting content in a response to content posted by another user about your business; provided, that (a) you have provided true and accurate registration information to Gobble about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business, and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in Gobble’s sole discretion.
Additionally, you may not:
• Use the Service in any way or for any purpose that is against any local, state, or any other applicable laws.
• Use the Service in any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Gobble Partners”), or any customer of a Gobble Party.
• Use the Service to exploit, solicit or harm minors.
• Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable.
• Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful.
• Register for multiple accounts or use the account of another person.
• Impersonate or pretend to be any person other than yourself.
• Use the Service to attempt to solicit business or direct website visitors to a non-Gobble site for commercial purposes.
• Post similar or identical postings.
• Use any data mining, robots, or similar data gathering and extraction methods in connection with the Service.
• Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content.
• Attempt to interfere with or disrupt the Service or any person’s ability to use the Service.
• Use the Service for any purposes for which the Service is not intended.
3. Your Service Account
You are responsible for all activity under your Service account. You are responsible for keeping confidential any password for your Service account. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Service. You agree to provide Gobble accurate, current and complete information about yourself as may be prompted in any registration form on the Service and promptly update any such information to keep it accurate, current and complete. Gobble reserves the right to refuse the Service to anyone, including terminating your account and/or preventing you from accessing the Service, with or without cause, at any time and in its sole discretion.
4. Materials You Post or Provide; Communications Monitoring
You may be able to upload information, comments or materials related to some of the Service on or through the Service in connection with the Service (collectively, “Submission” or “Submissions”). We do not claim ownership of such Submissions you post or submit. However, by posting or otherwise providing your Submission, you are granting Gobble a non-exclusive, world-wide, perpetual, royalty-free sub licence and transferable licence to use, copy, distribute, display, perform and modify your Submission, in connection with the Service and Gobble’s business, including without limitation promoting and redistributing part or all of the Service or Gobble’s business in any media format and through any media channel. You also allow us to publish your name in connection with your Submission and to use your name, likeness and voice in connection with your Submission. In addition, by uploading Submissions to Gobble, you hereby waive any rights of privacy or publicity and give us the permission to grant the above rights to other persons or entities, including for the purpose of promoting the Service or Gobble’s business.
Gobble will not pay you for your Submission.
We may refuse or modify your Submissions or remove part or all of your Submissions from the Service at any time. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licences and permissions in this section.
We do not routinely monitor user communications or disclose information about your communications to third parties. However, we may monitor your communications on or through the Service and may disclose information about you, including the contents of such communications, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of Gobble, its employees, its customers, or the public.
5. Copyright Policy
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Gobble at firstname.lastname@example.org. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Mobile Apps/Websites; (2) identify the material on the Mobile Apps/Websites that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Mobile Apps/Websites is not authorised by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorised to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Gobble to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, Gobble will take whatever action, at its sole discretion, it deems appropriate, including removal of the alleged infringing material from the Mobile Apps/Websites.
6. Links to Other Websites
7. We Disclaim All Warranties
We provide the Service “as-is,” “with all faults” and “as available.” The Gobble Partners disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
8. Our Intellectual Property And Proprietary Rights
Gobble owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Mobile Apps/Websites (“Gobble Content”), excluding your content. Gobble owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Gobble Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of Gobble’s Content in whole or in part, or Gobble’s Mobile Apps/Websites except as expressly authorised in writing by Gobble. In addition, Gobble does not grant any express or implied rights, and all rights in and to Gobble’s Mobile Apps/Websites, the Service and Gobble’s Content, are retained by Gobble.
9. Liability Limitation
To the extent permitted by law, in no event will the Gobble Partners be liable to you or to any third party for any indirect, consequential, special, incidental, exemplary, or punitive damages even if any of the Gobble Partners have been advised of the possibility of such damages. Notwithstanding anything in this contract, the aggregate liability of the Gobble Partners to you in connection with the Service (including any third party content on the Service) and this contract will be limited to the amount, if any, paid by you to Gobble for the Service.
10. Changes to the Service; Updates; Cancellation of Service
We may change the Service or delete features (including the loyalty points system) at any time without assigning any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service even though we may provide these in our discretion. We may cancel or suspend your Service at any time without assigning any reason or giving notice. You may cancel the Service at any time by giving us notice at email@example.com. Upon Service cancellation, your access to use the Service stops immediately. Any data you have stored in the Service cannot be retrieved subsequently.
11. Interpreting the Contract
This contract constitutes the entire agreement between you and Gobble regarding the use of the Service, and supersedes any prior agreements between you and Gobble relating to your use of the Service. The failure of Gobble to exercise or enforce any right or provision of this contract or any prior version of this contract shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this contract is held invalid, the remainder of this contract shall continue in full force and effect. If any provision of this contract shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
You agree to indemnify Gobble Partners against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.
This contract is in electronic form. There may be other information regarding the Service that we are legally obliged to send to you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to Gobble Mobile Apps/Websites that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to Gobble Mobile Apps/Websites that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.