HitList User Agreement & Terms
This Terms of Service Agreement (the “Agreement”) constitutes a binding legal agreement between ForUsApps LLC (“The Company”) and you (“user”). The Company may modify, amend, or alter the terms of this Agreement at any time. User’s continued use of the Website to book Reservations at Venues following any modification, amendment, or alteration of this Agreement constitutes and signifies User’s full acceptance of the changes. If The Company makes material changes to this Agreement, The Company will notify User via email and/or a notice through the Website. User is responsible for periodically visiting the Website and this Agreement to check for any changes.
The Company hereby grants to user a paid-in-full, royalty-free, worldwide, non-exclusive, non-transferrable, non-assignable, limited license to use the Website to book Reservations at Venues as set forth in this Agreement. For the avoidance of doubt, The Company reserves the right to terminate this Agreement or refuse access to the Website at any time for any reason.
Refund Policy: Refunds will be provided if the service is unable to secure a reservation on your requested date if the user has chosen a reservation for a date at least 48 hours from the date and time of request, has provided a backup date that is also at least 48 hours from the time of request, has provided at least 5 unique choices for their reservation request and has responded to all queries and messages from our concierge team. It is vital that the user responds to all queries from our team as we are unable to secure a reservation otherwise. Refunds will not be provided if the user asks to modify the reservation date, party size or restaurants after the request has been submitted and a reservation with these changes is not possible or if the reservation is booked in a seating style or location within the restaurant (counter, booth, patio, etc) that the user wants changed.
User agrees that it will not request credit and debit chargebacks (“Chargebacks”) or other transaction reversals, including but not limited to refunds (“Refunds”), in violation of a Venue’s Policy for those Reservations made with user’s credit card. User agrees to cooperate with The Company if any Guest requests a Chargeback or a Refund in violation of a Venue’s Policy for those Reservations made with a Guest’s credit card. User acknowledges and understands that it will be responsible for any Chargeback, Refund, and any related fees and expenses incurred by The Company in connection with such Chargeback or Refund (“Transaction Reversal Fees”) if a Guest alleges (i) it did not give User permission to provide The Company with the Guest Data or make the Reservation or (ii) User did not communicate to the Guest, or the Guest did not provide verbal or written consent to, a Prepayment or a Policy. The Company may, in its sole discretion, (y) require a credit card payment from User in the amount of any Chargeback, Refund, or Transaction Reversal Fees or (z) invoice User for the amount of any Chargeback, Refund, or Transaction Reversal Fees.
While booking a reservation on behalf of a Guest, User may receive or gain access to The Company’s confidential, non-public, or proprietary information (the “Confidential Information”). For the avoidance of doubt, User must (i) protect and safeguard the confidentiality of the Confidential Information with at least the same degree of care as User would protect its own confidential information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Confidential Information, or permit it to be accessed or used, for any purpose other than to make Reservations; and (iii) not disclose any such Confidential Information or provide access to the Website to any third-party other than to employees of User, if applicable, who need to know such Confidential Information in order to make Reservations. User shall ensure that its employees, if applicable, abide by the terms of this Agreement and shall be responsible for any breach of this Agreement by its employees.
For the avoidance of doubt, The Company shall retain all right, title, and interest to (i) the The Company platform, including but not limited to the Website, any works related to the The Company platform, including but not limited to the Website, and any improvements, changes, or derivative works of the The Company platform, including but not limited to the Website, including all related intellectual property rights therein (collectively, the “The Company Property”) and (ii) its trademarks, trade names, service marks, and logos (collectively, the “The Company Trademarks”). The Company grants to User a non-exclusive, non-transferable, non-sublicensable, royalty-free, fully-paid up license to use the The Company Property and The Company Trademarks solely as necessary and required to make the Reservations; provided that, before publishing any marketing materials or communications that contain The Company Trademarks, User must obtain The Company’s prior written consent
This Agreement is the entire understanding of The Company and User with respect to its subject matter, and supersedes all prior or contemporaneous written and oral agreements with respect to its subject matter.