Terms of Service

Welcome to Reservr's Terms of Service.

This Terms of Service ("Terms") governs your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by Reservr ("we", "us", "our", or "Reservr").

These Terms include important information about your legal rights and cover areas such as REPRESENTATIONS AND WARRANTY, DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES BY ARBITRATION AND CLASS ACTION WAIVER.

By accessing or using the Services, you are agreeing to these Terms, our Acceptable Use Policy, and our Privacy Policy (collectively, the "Agreement"). If you do not agree to the Terms or any of our other policies, you may not use the Services. You represent and warrant that you are above the age of majority in your jurisdiction. If you are using the Services on behalf of an organization, you are representing that you have the authority to bind that organization to this Agreement.

1. Create Your Account

1.1. You must first create an account ("Account") with us to use the Services. You agree to provide us with accurate, complete and current information requested to create your Account.

1.2. You are responsible for the continued security of your own account. Please keep your account credentials safe and do not share your Account passwords or any information associated with your account. If you permit any third party to use or access your Account, Reservr shall not be held liable for any acts or omissions by you or anyone else in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your account credentials have been lost, misappropriated or otherwise compromised, or of any actual or suspected unauthorized use of your Account.

1.3. By using the Services, you represent that you are at least 18 years old. Your parent, guardian or another authorized representative must be a party to this Agreement on your behalf if you are under the age of 18.

2. User Generated Content

2.1. Users of the Services may upload or create content including text, photos, images, audio, video, logos, stickers, code and any other material ("User Content"). Any content you upload to Reservr remains yours. However, you agree we have permission to use it in any way necessary to provide, improve, promote and market our Services.

2.2. When you provide User Generated Content to the Services, you grant Reservr (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, copy, store, reproduce, modify, create derivative works of (such as translations or other changes), communicate, publicly display, and distribute your User Content so that the Services can work within Reservr's ecosystem. You represent that you have all rights to the content you provide.

2.3. When you choose to promote your products and Services using your business pages, or when you use your own trademarks, service marks or logos on your business pages on Reservr, you grant us a royalty-free, non-exclusive right and license to use those marks for the limited purpose of Reservr's marketing and promotional activities.

3. Your Personal License

3.1. Reservr grants you a non-exclusive, non-transferable license to use our Content solely as needed to use the Services under the terms of this Agreement. You represent and warrant that your use of our Content does not infringe any third party's intellectual property, trademark, privacy or publicity rights. The Reservr Services may be protected by our own intellectual property, trade secret or other rights. Please don't copy, upload, download or otherwise use any content unless you have the right to do so.

3.2. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls, regulations and sanctions.

3.3. Reservr does not control User Generated Content and shall not be responsible for what you may view in the Services that you consider to be a violation.

3.4. You must comply with our Acceptable Use Policy which is incorporated here by reference. You represent and warrant that your Reservr account is in compliance with these Terms and any other rules related to the products or services we provide.

3.5. You understand and agree that you will act in a responsible manner and comply with all laws and regulations related to your Services and your use of the Services.

4. Third Party Services or Integrations

4.1. The Services are integrated with various third-party services and applications ("Third Party Services") that may make their content, products or services available to you. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Each Third Party Service is solely responsible for providing all support, maintenance and other related services to you with respect to such services. We don't control Third Party Services, and we are not liable for the Third Party Services or for any transaction you may enter into with them.

4.2. The Services may contain links to third-party sites. When you access third-party sites, you do so at your own risk. We have no control and are not liable for the views and activities of such parties.

5. Fees and Payments

Certain Services may require payment of fees. All fees are stated in the applicable currency and are non-refundable except as expressly stated in this Agreement. You are responsible for all applicable taxes.

6. Termination

You may cancel your Account at any time. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason including any violation of this Agreement.

7. Modifications to the Services

We reserve the right to modify, suspend or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services.

9. Warranties and Disclaimers

The Services are provided "as is" and "as available." Reservr disclaims any warranty of merchantability, fitness for a particular purpose, or non-infringement. Reservr does not warrant that the Services will be uninterrupted, error-free, or free from harmful components.

10. Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall Reservr and its officers, directors, employees and agents be liable for any indirect, incidental, special, consequential or punitive damages, including loss of use, revenue, data, profits, or other intangible losses arising from your access to, use of, or inability to use the Services. To the fullest extent permitted by applicable law, the aggregate liability of Reservr for all claims arising out of or related to the Services and this Agreement shall not exceed the greater of twenty US dollars ($20) or the amount you paid Reservr in the twelve (12) months immediately preceding the event giving rise to the claim.

11. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Reservr and its officers, directors, employees and agents from and against all damages, losses, costs, claims, demands, expenses and fees (including reasonable attorneys' fees) arising out of or related to: (i) your breach of this Agreement; (ii) your use of the Services; (iii) your violation of any law or regulation; (iv) your violation of any third party's rights; or (v) your content.

12. Dispute Resolution

12.1. Before you file any claim, you agree to try to resolve the dispute through informal negotiation. If the dispute is not resolved, the aggrieved party must send a notice of the dispute to the other party ("Notice of Dispute") via email and the address on file with Reservr. The notice must include the name of the claimant, the nature and basis of the claim, and the relief sought with sufficient detail for the other party to understand and address the dispute.

12.2. You and Reservr agree, following receipt of the Notice of Dispute, to negotiate in good faith to resolve the dispute.

12.3. If the dispute is not resolved within ninety (90) days after the non-filing party receives the Notice of Dispute, you and Reservr may pursue the dispute through the agreed dispute resolution mechanism.

13. Class Action Waiver

To the fullest extent permitted by applicable law, you agree to waive any right to participate in any class action, collective action, or other representative action, and the adjudicator may not consolidate the claims of more than one individual.

14. Additional Terms

14.1. Entire Agreement

This Agreement constitutes the entire agreement between you and Reservr regarding the subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous agreements, whether written or oral.

14.2. Governing Law

This Agreement (including its formation, operation and termination) and the Services, as well as all claims or disputes arising out of or in connection with this Agreement and the Services, shall be governed by and construed in accordance with the laws of Nigeria.

14.3. Waiver, Severability and Assignment

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so. If any provision of the Agreement is found unenforceable, the remaining provisions will be enforced. You may not delegate, transfer or assign this Agreement or any of your rights or obligations under this Agreement without our prior written consent. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations under this Agreement at any time.

14.4. Modifications

We may modify this Agreement from time to time, and will post the most current version on our site. By continuing to use the Services after any modifications become effective, you agree to be bound by the revised Agreement. If you disagree, you must stop using the Services and cancel your Account with Reservr.

14.5. Force Majeure

We are not responsible for any failure to perform our duties due to any act of government, war, civil commotion, pandemic, communications or internet failure, or any other event beyond our reasonable control.

14.6. Translation

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will take precedence.