These Aiden Terms of Use (this “Agreement”) apply to your access or use of the Aiden websites, mobile sites, and applications (collectively, the “Aiden Sites”) and the content, features, and services (the “Services”) made available by Aiden.
In this Agreement, “Aiden” and “we” mean the Aiden company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Aiden’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Aiden Policies”).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Aiden Gift Card or Merchant Gift Card (as such terms are defined herein)).
Aiden may update or revise this Agreement (including any Aiden Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Aiden, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), or the purchase of Aiden Gift Card or Merchant Gift Card (each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.
Aiden makes available restaurant reservation services (the “Reservation Services”) and waitlist services (the “Waitlist Services”) through the Aiden Sites to User for the purpose of assisting User in securing dining reservations or joining a waitlist at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation or to join a waitlist through the Aiden Sites, Aiden contacts the Restaurant’s computerized database of reservations and waitlists, as applicable. The availability of reservations, estimated wait time or place in line on a waitlist is determined at the time of User’s query and based on information provided to Aiden by the Restaurant. Once a reservation or waitlist request is made by User through the Aiden Sites, Aiden will provide confirmation of the reservation or waitlist status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services or Waitlist Services, User agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or other electronic messages.
Aiden is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the Aiden Sites or by calling the Restaurant directly. Some Restaurants may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information. Aiden will charge the user a reservation fee. You may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which is disclosed at the time the reservation is made. Aiden uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Aiden will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be suspended if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, user can dispute it. User agrees that all final no-show determinations will be made by Aiden in its sole discretion.
If you wish to remove yourself from a waitlist you have joined through the Waitlist Services, you can do so by managing your place in line through the Aiden Sites or by calling the Restaurant. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.
Depending on your country of residency, you may be able to participate in Aiden’s rewards program (“Aiden Dining Rewards”). Where applicable, participation is subject to the...
User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honor those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation or join more than one waitlist for User’s personal use during any one meal time (e.g., lunch, dinner, etc.). Administrative assistant and/or concierges may be able to book multiple reservations through Aiden’s Administrative Assistant and/or Concierge programs, subject to any applicable program terms. Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist or termination of your access to the Services.
Depending on your country of residency, Aiden may offer additional Services such as payment services made available by Aiden through the Aiden Sites (the “Payment Services”), electronic and physical gift cards and gift certificates issued by Aiden (each, an “Aiden Gift Card”), electronic gift cards and gift certificates issued by participating third-party restaurants (each, a “Merchant Gift Card”) and other services.
10. Privacy Policy. Aiden is committed to helping you safeguard your privacy online.
11. Your Account. You may (but are not required to) create an account with Aiden through the Aiden Sites (“Account”) in order to use the Reservation Services, Waitlist Services, make orders, schedule ahead or to purchase, gift, or redeem (as applicable) Aiden Gift Cards and Merchant Gift Cards. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Aiden registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Aiden of any unauthorized use of your Account or any other breach of security related to your use of the Services.
12. Communications from Aiden. If you use our Sites and Services, Aiden may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.
13. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. Aiden does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
14. Modifications to Services. Aiden reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Aiden Sites, Restaurants, and/or Merchants. Aiden shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
15. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Aiden Content”) are provided to User by Aiden or its partners or licensors solely to support User’s permitted use of the Services. The Aiden Content may be modified from time to time by Aiden in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Aiden Content by User shall constitute a material breach of this Agreement. Aiden and its partners or licensors retain all rights in the Services and Aiden Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Aiden or any third party is granted under this Agreement.
16. Application License. Subject to the terms and conditions of this Agreement, Aiden grants User a non-exclusive, non-transferable, revocable license to use the Aiden mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
17. Use Restrictions. The Services and Aiden Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Aiden expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Aiden reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Aiden Content, except as expressly authorized by Aiden; (2) take any action that imposes or may impose (in Aiden’s sole determination) an unreasonable or a disproportionately large load on the Services or Aiden’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Aiden Content to a third party; (5) use any portion of the Services or Aiden Content to provide, or incorporate any portion of the Services or Aiden Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Aiden); (7) modify any Services or Aiden Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Aiden Content; (9) use the Services or Aiden Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Aiden Content or access or use the Services or Aiden Content for competitive analysis or benchmarking purposes. Aiden reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
18. Termination. Aiden may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Aiden may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Aiden Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points as described in the Aiden Dining Rewards Terms and Conditions. You agree that Aiden shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Aiden will have no liability whatsoever.
19. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, or false advertising. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Aiden reserves the right (but has no obligation) to monitor, remove, or edit User Content in Aiden’s sole discretion, including if User Content violates this Agreement (including any Aiden Policies), but you acknowledge that Aiden may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Aiden a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to Restaurants) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. Aiden takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
20. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this Agreement (including any Aiden Policies), and will not cause injury to any person or entity, and that you will indemnify Aiden, the Restaurants, and Merchants for all claims resulting from User Content you supply.
21. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIDEN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIDEN HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF AIDEN TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (i) THE AMOUNTS YOU HAVE PAID TO AIDEN FOR ACCESS TO AND USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22. Disclaimer of Warranties YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND OPENTABLE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL OPENTABLE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. OPENTABLE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. OPENTABLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OPENTABLE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. OPENTABLE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF OPENTABLE. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23. Third-Party Websites, Applications and Services. The Services may contain hypertext links to websites and applications operated by parties other than Aiden. Such hypertext links are provided for User’s reference only, and Aiden does not control such websites and is not responsible for their content. Aiden’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Aiden assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein. To the extent an Aiden restaurant enables a Third-Party Platform (as defined below), the offering, sale, purchase or consumption of alcohol, cannabis, tobacco, gambling or related products (“Age Restricted Goods”) are provided subject to the applicable laws that govern such Age Restricted Goods, and Aiden has no affiliation with or liability related to a restaurant’s offering of such Age Restricted Good. “Third-Party Platform” means any platform, add-on, service or product not provided by Aiden that a restaurant elects to integrate or enable.
24. Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an Aiden Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the Aiden Parties from any and all such Claims.
25. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
26. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
27. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Aiden.
28. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
29. Governing Law and Jurisdiction. These terms of use are governed by the Nigerian law. In the event of a dispute regarding the validity, interpretation and/or execution of these terms, the parties submit to the exclusive jurisdiction of the Nigerian courts.