Last modified: January 26th, 2024
Thank you for your interest in the 7thHole application for your mobile device (the “App”, “7thHole app” or “7thHole application”) provided to you by Appadia Inc. (“Appadia”, “7thHole”, “us” or “we”), and our web site at restoturno.com (the “Site”), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Service is displayed (collectively, together with the App and Site, our “Platform”). These Terms of Service (these “Terms”), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and Appadia. To use the Platform you must agree to these Terms.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
This Terms of Service tells you as a “Partner Establishment” the terms that apply when your customer or a direct user of any products (“Order”) or services (“Table reservation” or “Waiting list”) that you offer or provide directly in your establishment, website or telephone. These products (“Order”) are to be collected or services (“Table reservation” or “Waiting list”) to be used by your customer from/in your establishment.
Please read these Terms carefully before using the 7thHole application. If you have any questions relating to these Terms please contact support@7thhole.com before you use this app. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them.
By downloading, installing, or otherwise accessing or using the platform, you agree that you have read, understood, and agree to be bound by these terms. if you do not agree, you may not use the platform.
- Information About Us 7thHole is operated by Appadia Inc., a company incorporated and registered at 100 Mill Pond Plantation Way, Warner Robins GA 31088. You may contact us at support@7thhole.com.
- Purpose 7thHole App provides a platform for customers to place orders at participating restaurants either for pick-up or dine-in to avoid queues. The App also allows customers to reserve tables or join waiting lists at participating restaurants. The purpose of the App is to facilitate a seamless ordering and dining experience.
- Your Account and Dashboard You have to register as a Partner Establishment before the use of the application. You can complete the registration on 7thHole’s website or directly in the app. For that, we will require your full name, phone number, establishment/business name, email address, and a payment card. You may close your account at any time by requesting to do so via email to support@7thhole.com. As a Partner Establishment, you will have access to 7thHole Business Dashboard which is a website with the same functionality as the app. However, you still need to use the 7thHole app to scan customers’ QR codes.
- 7thHole Plans To use the 7thHole application as a Partner Establishment you have to select a plan when creating your account (section 3). The plans are billed monthly or annually with 20% discount and the prices can be changed at any time. The prices of the 7thHole Plans will be updated on 7thHole’s website or directly in the Dashboard. Please check the current prices on our website. You may cancel or downgrade your 7thHole Plan at any time, but the amount charged to your payment card is non-refundable. When you cancel your 7thHole Club or 7thHole Managed plan, the subscription will automatically downgrade to the 7thHole Free plan.
- 7thHole Free
- 7thHole Free is a plan that includes unlimited orders, unlimited booking tables, unlimited employee accounts, 7thHole APP, 7thHole Dashboard, Digital Menu Basic, Online Payments, receive tips, email support and basic reporting. The quantities are per month and they may not be saved for the next billing period. With the Business Free plan, you will have access to basic reports about the notified Orders or Table reservations. You can access these basic reports directly from the 7thHole Dashboard.
- 7thHole Club 7thHole Club is plan that includes all in the free plan plus: digital menu Plus, pay at the counter option, promotional codes, priority email and chat support and advanced reporting. The quantities are per month and they may not be saved for the next billing period. With the 7thHole Club plan, you will have access to advanced reports about the notified Orders or Table reservations. You can access these advanced reports directly from the 7thHole Dashboard.
- 7thHole Managed Business Plus is a 7thHole Business plan that includes all in the free and club plans plus: Manual menu onboarding, weekly updating of the menu or pricing by email, weekly free managed email campaign to golfers, free POS System with built in printer, customized design for QR code yard-signs, priority email, chat and phone support and advanced reporting. The quantities are per month and they may not be saved for the next billing period. With the 7thHole managed plan, you will have access to advanced reports about the notified Orders or Table reservations. You can access these advanced reports directly from the 7thHole Business Dashboard.
- Age Restricted Products or Services Age-restricted products or services (including, without limitation, alcohol, tobacco, and cigarettes) can only be sold to persons aged 21 or over. By using the app for an age-restricted product or establishment, you confirm that you fulfill the age-restriction requirements to sell or offer the goods or services with age restrictions. 7thHole will not be responsible for any criminal charges, administrative sanctions, or other losses or damages you suffer if you sell age-restricted products or services without fulfilling the legal requirements.
- Cancellation You may cancel an Order or Table reservation through the 7thHole application at any time before you notify your customer that the Order or Table reservation is available. Please inform your customers about your cancellation policy. 7thHole does not take any responsibility for not delivering products or services, delays, errors, refunds, or cancellations.
- Prices, Payment and Offers You set the prices of the products or services that you offer to your customers. Also, the Payments are completed entirely between you and the customer. Therefore, 7thHole does not take any responsibility when it comes to pricing the products or services offered or their Payment. This includes the Offers that you can place in the 7thHole application as “PADs”. 7thHole will not be responsible or liable for any loss or damage arising directly or indirectly from the content of these advertisements.
- Prohibited content You agree that any service you provide through our App, shall not: (a) be fraudulent, inaccurate, or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) create liability for us; or (f) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to include. You may not consummate any transaction that was initiated using our app that, by paying us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation. Furthermore, you may not resell or make any commercial use of our system or the content in our app without Appadia Inc.’s prior written consent.
- Our Responsibility for Loss or Damage That You Suffer We are not responsible to you for any loss or damage that you suffer when dealing with the customers. The contract you celebrate is entirely between you and the customer, us being only the notifier of the product or service delivery. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your breach of these Terms, or as a result of any IT hardware or software failure or a failure in our Application.
- Data Protection We process your personal data following our Privacy Policy. You can find it on our website.
- Other Terms If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force. We may change these Terms from time to time. If we make any changes that affect your rights about our Service, we will notify you. These Terms are governed by Delaware State law and you can bring legal proceedings concerning our Service in the Delaware State courts. If you are using our Service in the European Union, we are required by EU law to provide this link to the EU’s online dispute resolution portal, however, we do not participate in dispute resolution under this process.
- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against 7thHole on an individual basis in arbitration as outlined in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against 7thHole, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against 7thHole by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, representative, or another kind of group, multi-plaintiff, or joint action against 7thHole.
(a) Agreement to Binding Arbitration Between You and Turno.
Except as expressly provided below in Section 2(b), you and Turno agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with Turno, will be settled by binding arbitration between you and Turno, and not in a court of law. This Agreement survives after your relationship with Turno ends.
You acknowledge and agree that you and Turno are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.
This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are about your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against Turno. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of class, collective, coordinated, consolidated, representative, or other kind of group, multi-plaintiff, or joint action against Turno, and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, Turno agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.
(c) Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules (the “AAA Rules”) in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable, or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and Turno agree that the arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed following the laws of the state in which the incident or accident occurred.
(d) Process.
Pre-Arbitration Dispute Resolution and Notification. Before initiating an arbitration, you and Turno each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to Turno must be sent to Appadia Inc, Attn: Turno Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
Initiating Arbitration. To initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form of Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against Turno must send the written Demand for Arbitration to Appadia Inc, Attn: Turno Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meeting and confer effort, then the AAA will appoint the Arbitrator per the AAA Rules.
(e) Location and Procedure.
Unless you and Turno otherwise agree, the arbitration will be conducted in the state of Delaware.
(f) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law. Turno will not seek and hereby waives all rights Turno may have under applicable law to recover attorneys’ fees and expenses if Turno prevails in arbitration.
(g) Fees.
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as outlined in the AAA Rules.
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties ability to compel arbitration of any remaining claims on an individual basis according to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction (section 12) and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.