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RESTGU — Terms of Service

Terms of Service:

By accessing and using the RESTGU website (the “Site”), mobile application (the “Application”) or the services RESTGU provides (the “Services”), you (the “User”) agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the "Terms of Service").  RESTGU reserves the right to amend these Terms of Service at any time and without notice.  These Terms of Service will be accessible on the Site at all times and the User undertakes an obligation to observe and follow these Terms of Service, including any changes that may occur from time to time.  Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Site, Application or Services constitutes acceptance of the revised Terms of Service.  RESTGU reserves the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service.  Please also carefully read our Privacy Policy which is hereby incorporated into these Terms of Service by reference.

Definitions:

Account: means a RESTGU account created by a User which allows that User to view the RESTGU Restaurant Guide and take the RESTGU Test. 
Application: means the RESTGU mobile application which can be used to view the Restaurant Guide. 
Content: means any information that is submitted to the Site, publicly or privately, including but not limited to – personal information, images, videos, graphics, sounds, texts and e-mails. 
Restaurant Guide: means the RESTGU restaurant guide which has been posted to the Site for viewing by the User. 
RESTGU (variously, “we” or “our”): is a software product of SCTO Technology Ltd. and, as used herein, refers to SCTO Technology Ltd. 
RESTGU Test: is a multiple choice test that can be taken on the Site, completion of which will qualify a User for a certificate of completion. 
Site: means the RESTGU website hosted at www.restgu.com & www.restgu.ca. 
User (variously, “you” or “your”): an individual who accesses and uses the Site or Application.

Description of Service:

RESTGU is a multi-functional platform that is created to provide a much needed guide for new and experienced restaurant owners, managers and staff on how to initiate, manage and maintain their business.
RESTGU guide will provide you with the basic tools, tactics and techniques. These will help you set your strategies, refresh your knowledge and make your work more enjoyable, professional and perform your work with confidence.

User Conduct and Responsibility:

Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Site, Application, Services or Users.  This includes but is not limited to: 
  1. illegal activity;
  2. uploading, posting or sharing of material that is obscene, offensive, or discriminatory;
  3. threatening, abusive, obscene or harassing behaviour;
  4. invasions of privacy;
  5. distribution of software viruses;
  6. any interference with the proper operation of the Site or Application;
  7. tampering with the software code for the Site or Application;
  8. bypassing of any security measures put in place by RESTGU, including but not limited to password protections.

Accounts:

To access and use the Site or Application, you will need to register an account (“Account”).  The only information you need to submit in order to open an Account is your name and an active email address (although more information may be required later based on which Services you utilize).  You are solely responsible for maintaining the confidentiality of the password associated with your Account and accept responsibility for all activities that occur under your Account. We endeavour to use reasonable security measures to protect against unauthorized access to your Account but we cannot guarantee absolute security of your Account or your Content and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing your Account. You agree to immediately notify RESTGU of any unauthorized use of your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the Content you provide to RESTGU.
You understand that all Content available in connection with the Services is the sole responsibility of the person from whom such Content originated. This means that you, and not RESTGU, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. RESTGU does not control or monitor the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site or Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RESTGU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or Application.
You acknowledge that RESTGU and its designees shall have the right, but not the obligation, exercised in their sole discretion, to pre-screen, monitor, refuse or remove any Content that is available via the Services. Without limiting the foregoing, RESTGU and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

Content:

RESTGU does not claim ownership of any Content that you create and share with RESTGU or its Users. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you create and share on or through the Services. However, by creating and sharing Content, you give RESTGU an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any Content created and shared by you through the Services. You understand and accept that this license gives RESTGU the right to make the Content available to other companies, organizations or individuals that have relationships with RESTGU, and use the Content in connection with these services.

Intellectual Property:

The Site, Application and Services, including the Restaurant Guide, are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Site, Application or Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the Content that we provide through the Site.  You also agree not to change, translate, or otherwise create derivative works of the Site, Application or Services or any of the Content found thereon including, but not limited to, RESTGU trademarks, logos, and copyrighted material.  
RESTGU does not grant you a right or license to reproduce content, including but not limited to the Restaurant Guide, from the Site or Application, for any reason.  

Indemnification:

You agree to indemnify and hold RESTGU and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: Content you submit, post, transmit or otherwise seek to make available through the Site or Application, your use of the Services, your connection to the Site or Application, your violation of these Terms of Service, or your violation of any rights of another person or entity.

Warranty Disclaimer:

The User agrees that they use the Site, Application and Services solely at their own risk.  The Site, Application and Services are provided “as is” and “as available” and without warranty of any kind, express or implied.  RESTGU SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM RESTGU SHALL CREATE ANY WARRANTY.

Force Majeure:

You agree that RESTGU shall not be liable for failures or delays in performance due to causes beyond its reasonable control, including war, strikes, lockouts, fire, flood, storm or other acts of God.  RESTGU will use best efforts to minimize the effects of such failures or delays.

Limitation of Liability:

To the fullest extent permitted by law, in no event will RESTGU, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, use of, or inability to access or use of the Site, Application or Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site or Application. In no event shall RESTGU liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100).

Third Party Website and Interaction

By accessing third party websites or applications through our Site or Application, you are consenting to the terms of service and privacy policies of those websites.  We do not accept any responsibility or liability for their policies. You should read the terms of service and privacy policies of such websites, and make an informed decision whether or not to use these websites based upon their practices and your discretion.

Dispute Resolution and Governing Law:

These Terms of Service (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law.  You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Prince Edward Island and that you attorn to the jurisdiction of that court.

Language: 

The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking Users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.

Contact Us:

If you have any questions, concerns or suggestions regarding these Terms of Service, please contact us at [email protected] or via postal mail at Suite# 405, 176 Great George St, Charlottetown, PE C1A 4K9, CANADA. 

Both Users and persons who don’t use RESTGU services shall be free to contact RESTGU with any questions, concerns or suggestions regarding these Terms of Service.

These Terms of Service last updated on June 1, 2017.