Terms Of Service
- Introduction
- Accounts
- No-Show Reservations
- Reward Points
- Payments And Refunds
- Account Cancellation And Termination
- Associates Terms
- API Terms
- Modifications To The Service And Prices
- Copyright And Content Ownership
- General Conditions
Introduction
By using the Sexbyfood web site, or any services of Sexbyfood, you are agreeing to be bound by the following terms and conditions.
Sexbyfood reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.sexbyfood.com/terms-of-service/
Violation of any of the terms below will result in the termination of your account. You understand and agree that Sexbyfood cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
Accounts
- You must be 13 years or older to use this service.
- Accounts registered by bots or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Sexbyfood cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others under your account).
- One person or legal entity may not maintain more than one account.
- You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
No-Show Reservations
- Users are asked to cancel any reservations that they will be unable to honor at least 30 minutes in advance on the day of the reservation. Reservations can be cancelled online or by calling the restaurant directly.
- If you are unable to keep your reservation and fail to cancel, you will receive an email from Sexbyfood informing you of your no-show. After 3 no-shows your Sexbyfood Reward Points and Sexbyfood account may be cancelled.
- If you receive a no-show email in error, please contact Sexbyfood via email.
Reward Points
- Users earn 100 Sexbyfood Reward Points per honored Internet reservations booked through Sexbyfood. Sexbyfood Reward Points will not be awarded if for any reason you are unable to make or honor an Internet reservation. Sexbyfood reserves the right to cancel any Sexbyfood Reward Points awarded to you should Sexbyfood be notified that you did in fact not honor a reservation.
- Your accumulated Sexbyfood Reward Points can be redeemed on future Internet reservations in exchange for a discount on the value of your bill. Should this discount be more than the value of the bill, the difference will be forfeited. Sexbyfood may at any time withdraw, modify or cancel the number of Sexbyfood Reward Points required for redemption.
- If you do not honor a reservation, and fail to cancel prior to that reservation, Sexbyfood reserves the right to alter the value of or cancel any or all of your accumulated Sexbyfood Reward Points. If Sexbyfood believes that you are abusing the Sexbyfood Reward Points Program then Sexbyfood reserves the right to terminate your account.
- The accumulated Sexbyfood Reward Points of two or more accounts cannot be redeemed on the same reservation.
- Sexbyfood reserves the right to change its portfolio of redemption partners at any time.
- Sexbyfood reserves the right to change or terminate the Sexbyfood Reward Points Program at any time with or without notice, even though such change or termination may affect the number or value of Sexbyfood Reward Points accumulated by Sexbyfood users.
Payments And Refunds
- A valid credit card is required for restaurant accounts. Free user accounts are not required to provide a credit card number.
- Restaurants must purchase honored Internet reservation credits in advance. Internet reservation credits do not lapse.
- Sexbyfood reserves the right to deactivate a restaurant's account where a restaurant is unable to receive Internet reservations due to a lack of Internet reservation credits.
- Since a balance of Internet reservation credits enables a restaurant to receive marketing on the Sexbyfood website, Internet reservation credits will not be refunded for any reason.
Account Cancellation And Termination
- You are solely responsible for properly cancelling your account. You can cancel your account at any time by sending an email to info@sexbyfood.com.
- All of your content will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
- Sexbyfood, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Sexbyfood service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Sexbyfood reserves the right to refuse service to anyone for any reason at any time.
Associates Terms
Sexbyfood users may join the Sexbyfood Associates program to earn a fee on honored Internet reservation referrals. Any involvement in the Sexbyfood Associates program is bound by the Sexbyfood terms of service plus the following specific terms:
- Sexbyfood reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Sexbyfood Associates program (or any part thereof) with or without notice.
- Referral fees can only be earned on honored Internet reservations placed through Sexbyfood or through the Sexbyfood API. The value of the referral fee earned will be 12.5% of the value of the honored Internet reservation. The value of the honored Internet reservation depends on the currency assigned by Sexbyfood to the country of the restaurant for which the reservation is made. The value of referral fees earned on reservations for restaurants in countries other than South Africa may further be subject to exchange rate fluctuations.
- You will only be eligible for a referral fee on an Internet reservation placed by your website visitor through Sexbyfood, where your visitor clicks a link from your website to Sexbyfood, places a reservation within 24 hours of the initial click-through, and honors the reservation. To permit accurate tracking, reporting and fee accrual, you must ensure that the referral links from your website to Sexbyfood are properly formatted.
- You expressly understand and agree that Sexbyfood shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sexbyfood has been advised of the possibility of such damages), resulting from your involvement in the Sexbyfood Associates program.
API Terms
Associates, developers, restaurants and users may access Sexbyfood data via the Sexbyfood API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Sexbyfood, is bound by the Sexbyfood terms of service plus the following specific terms:
- You expressly understand and agree that Sexbyfood shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sexbyfood has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Sexbyfood via the API may result in the temporary or permanent suspension of your account's access to the API. Sexbyfood, in its sole discretion, will determine abuse or excessive usage of the API. Sexbyfood will make a reasonable attempt via email to warn the account owner prior to suspension.
- Sexbyfood reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Modifications To The Service And Prices
- Sexbyfood reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service or any part thereof with or without notice.
- Prices of all services are subject to change upon 30 days notice from Sexbyfood. Such notice may be provided at any time by posting the changes to the Sexbyfood website or the service itself.
- Sexbyfood shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Copyright And Content Ownership
- We claim no intellectual property rights over the material you provide to the service. Your profile and uploaded materials remain yours. However, by providing content for the use of pages that are shared publicly, you agree to allow others to view and share your content.
- Sexbyfood does not pre-screen content, but Sexbyfood and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- The look and feel of the service is copyright © 2008 Sexbyfood, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Sexbyfood.
General Conditions
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only available via email.
- You understand that Sexbyfood uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
- You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Sexbyfood, or any other Sexbyfood service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by Sexbyfood.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sexbyfood customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the service, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages nor any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Sexbyfood) of other Sexbyfood users, we reserve the right to immediately disable your account or throttle your account until you can reduce your bandwidth consumption.
- Sexbyfood does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
- You expressly understand and agree that Sexbyfood shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sexbyfood has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Sexbyfood to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sexbyfood and govern your use of the service, superceding any prior agreements between you and Sexbyfood (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to info@sexbyfood.com.