Terms of Use
TERMS OF USE FOR SPILLOVER END USERS
Updated last: 14th February 2024.
Spillover provides digital marketing products and services to restaurants and other small businesses (our “Customers”). These software products and associated software and marketing services include but are not limited to websites for our Customers (“Site”), email marketing, text messaging, reputation management, social media management, mobile apps, table reservations and any of our digital marketing offerings or other online offerings (collectively our/the “Platform”). It is through the Platform that we interact with our Customers, and their customers (“End User”, “you”) and these terms and conditions are written for you.
For access to our privacy policy for our End Users (“Privacy Policy”) please see www.spillover.com/privacy-policy-endusers.
Acceptance of the Terms of Use:
These terms are entered into by and between You and Spillover Software Group, LLC (“Spillover”, “we” or “us”). The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to our Platform, including any social media or mobile extensions, apps, and any content, functionality, and services offered on or through any of the foregoing.
Please read the Terms of Use carefully before you start to use our Customers’ Site(s) or any services delivered by us through our Platform for our Customer. The restaurant or small business with whom you are doing business using the Site is named at the top of the Site as well as in their contact details and the About Us section on the Site. Any products or services supplied by our Customer to you (“Services”) through the Platform are governed by these Terms.
By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Spillover.
Changes to the Terms of Use:
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security:
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Intellectual Property Rights:
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Spillover, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Spillover. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Service Marks:
The SpilloverSM name and logo, and all related names, logos, product and service names, designs, and slogans are service marks of Spillover or its affiliates or licensors. You must not use such marks without the prior written permission of Spillover. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks or service marks of their respective owners.
Prohibited Uses:
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site:
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Site:
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Online Ordering:
If you are using our Platform to place online orders with our Customers then the following also applies:
Ordering Process:
You must create an account with us to place an order.
You are responsible for providing accurate and up-to-date information when placing orders.
Orders may be subject to availability, delivery zones, and minimum order requirements set by the restaurant you are ordering from.
Payment:
Payment for orders can be made online through the Service using the available payment methods.
You agree to pay for all orders placed through your account.
Prices listed on our platform may be subject to taxes, delivery fees, and service charges, which will be clearly displayed during the checkout process.
If you have a question about a transaction on your credit card statement, please contact the restaurant.
Cancellations & Refunds:
Orders cannot be canceled or modified once payment has been processed.
All refunds are subject to the refund policies of the restaurants from which you order. If you contact Us seeking a refund, we will pass this request to the restaurant as we cannot process any refunds.
Refund requests should be made through the Platform to the restaurant.
Pickup and Delivery:
It is your responsibility to collect any orders placed on the Platform where the Pickup option has been selected. An estimated slot is typically provided by the Restaurant although conditions such as time of day and order quantity may affect the exact time that your food is ready.
If you place a delivery order then Spillover will use another technology partner, Inhousedelivery.com (“IHD”) to handle this process. IHD connects the Restaurant to a network of 3rd party delivery service providers (“DSP’s”) who bid for the delivery business for your order. Both the restaurant and You are subject to terms that allow for the provision of this delivery services and these can be viewed via the following link: www.inhousedelivery.com/s/IHD-TC-Oct-2022.pdf.
Liability:
Spillover, NOT BEING THE RESTAURANT, OR THE DELIVERY SERVICE OR ITS AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE DELIVERY SERVICES OR THE CURBSIDE PICKUP SERVICES, OR THE QUALITY OF THE FOOD, AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.
We are not responsible for the quality, safety, or accuracy of the food and beverages provided by the Restaurants.
We shall not be liable for any indirect, consequential, or punitive damages arising from your use of the Service.
Online ordering site usage may be governed by additional policies over and above those posted by Spillover. See this link for additional details specific to our 3rd party online ordering software www.biteheist.com/terms.
Text Messaging:
If you are using engaged with our Platform for text messaging then please be aware that Spillover offers our Customers a text messaging service via a 3rd party called iVisionMobile (ivisionmobile.com). Through iVisionMobile we provide a sophisticated software system that allows our Customers to create and manage interactive mobile campaigns. Companies use iVision Mobile to interact with their target audience using mobile phones through text messages, mobile content such as ringtones, wallpapers, video, and more.
Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of 18 and are delivered via U.S. short code and/or from a dedicated text number supplied by us to our Customers and for which you have “opted-in” with them to receive such messages (“Customer Number”). You may receive up to five message(s) per month depending on the campaign you signed up for. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to the Customer Number, or email the Spillover Support line at support@spillover.com. You may stop your mobile subscription at any time for any individual campaign from our Customer by text messaging STOP to the Customer Number or text STOP ALL to stop all messaging communications.
For further information please see iVision Mobiles Terms at www.ivisionmobile.com/terms-of-service.
Table Reservations:
If you are using our Platform to make a Table Reservation with our Customer then the following also applies:
This booking and therefore your contract is with our Customer, the company from whom you have reserved a table. The technology used within our platform is provided by a 3rd party to Spillover called simpleERB.com
Your booking and your contract for a table reservation is therefore not with simpleERB.com, who provide the booking technology, (or 5pm Ltd. the company that runs simpleERB.) nor is it with Spillover Software Group LLC, who provide our website and internet marketing services.
By using the booking system “Service” you are deemed to have accepted these terms and conditions of use:
A link for the Spillover privacy policy is contained below:
Reporting Claims of Copyright Infringement:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Attn: Legal Counsel
3908 Avenue B Suite 301, Austin TX 78751, USA
support@spillover.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Geographic Restrictions:
The owner of the Platform is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties:
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE AND PLATFORM IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPILLOVER NOR ANY PERSON ASSOCIATED WITH SPILLOVER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPILLOVER NOR ANYONE ASSOCIATED WITH SPILLOVER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SPILLOVER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPILLOVER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE PLATFORM, THE SERVICE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification:
You agree to defend, indemnify, and hold harmless Spillover, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Jurisdiction:
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Travis County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability:
No waiver of by Spillover of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spillover to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement:
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Site and Platform and the Services provided and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, Platform and Services.
Your Comments and Concerns
This website is operated by Spillover Software Group, LLC, 3908 Avenue B Suite 301, Austin TX 78751, USA.
All notices of copyright infringement claims should be sent to the copyright agent designated above in “Reporting Claims of Copyright Infringement.”
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@spillover.com.
Updated last: 14th February 2024.
Spillover provides digital marketing products and services to restaurants and other small businesses (our “Customers”). These software products and associated software and marketing services include but are not limited to websites for our Customers (“Site”), email marketing, text messaging, reputation management, social media management, mobile apps, table reservations and any of our digital marketing offerings or other online offerings (collectively our/the “Platform”). It is through the Platform that we interact with our Customers, and their customers (“End User”, “you”) and these terms and conditions are written for you.
For access to our privacy policy for our End Users (“Privacy Policy”) please see www.spillover.com/privacy-policy-endusers.
Acceptance of the Terms of Use:
These terms are entered into by and between You and Spillover Software Group, LLC (“Spillover”, “we” or “us”). The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to our Platform, including any social media or mobile extensions, apps, and any content, functionality, and services offered on or through any of the foregoing.
Please read the Terms of Use carefully before you start to use our Customers’ Site(s) or any services delivered by us through our Platform for our Customer. The restaurant or small business with whom you are doing business using the Site is named at the top of the Site as well as in their contact details and the About Us section on the Site. Any products or services supplied by our Customer to you (“Services”) through the Platform are governed by these Terms.
By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Spillover.
Changes to the Terms of Use:
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security:
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Intellectual Property Rights:
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Spillover, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Spillover. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Service Marks:
The SpilloverSM name and logo, and all related names, logos, product and service names, designs, and slogans are service marks of Spillover or its affiliates or licensors. You must not use such marks without the prior written permission of Spillover. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks or service marks of their respective owners.
Prohibited Uses:
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate Spillover, a Spillover employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Spillover or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site:
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Site:
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Online Ordering:
If you are using our Platform to place online orders with our Customers then the following also applies:
Ordering Process:
You must create an account with us to place an order.
You are responsible for providing accurate and up-to-date information when placing orders.
Orders may be subject to availability, delivery zones, and minimum order requirements set by the restaurant you are ordering from.
Payment:
Payment for orders can be made online through the Service using the available payment methods.
You agree to pay for all orders placed through your account.
Prices listed on our platform may be subject to taxes, delivery fees, and service charges, which will be clearly displayed during the checkout process.
If you have a question about a transaction on your credit card statement, please contact the restaurant.
Cancellations & Refunds:
Orders cannot be canceled or modified once payment has been processed.
All refunds are subject to the refund policies of the restaurants from which you order. If you contact Us seeking a refund, we will pass this request to the restaurant as we cannot process any refunds.
Refund requests should be made through the Platform to the restaurant.
Pickup and Delivery:
It is your responsibility to collect any orders placed on the Platform where the Pickup option has been selected. An estimated slot is typically provided by the Restaurant although conditions such as time of day and order quantity may affect the exact time that your food is ready.
If you place a delivery order then Spillover will use another technology partner, Inhousedelivery.com (“IHD”) to handle this process. IHD connects the Restaurant to a network of 3rd party delivery service providers (“DSP’s”) who bid for the delivery business for your order. Both the restaurant and You are subject to terms that allow for the provision of this delivery services and these can be viewed via the following link: www.inhousedelivery.com/s/IHD-TC-Oct-2022.pdf.
Liability:
Spillover, NOT BEING THE RESTAURANT, OR THE DELIVERY SERVICE OR ITS AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE DELIVERY SERVICES OR THE CURBSIDE PICKUP SERVICES, OR THE QUALITY OF THE FOOD, AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.
We are not responsible for the quality, safety, or accuracy of the food and beverages provided by the Restaurants.
We shall not be liable for any indirect, consequential, or punitive damages arising from your use of the Service.
Online ordering site usage may be governed by additional policies over and above those posted by Spillover. See this link for additional details specific to our 3rd party online ordering software www.biteheist.com/terms.
Text Messaging:
If you are using engaged with our Platform for text messaging then please be aware that Spillover offers our Customers a text messaging service via a 3rd party called iVisionMobile (ivisionmobile.com). Through iVisionMobile we provide a sophisticated software system that allows our Customers to create and manage interactive mobile campaigns. Companies use iVision Mobile to interact with their target audience using mobile phones through text messages, mobile content such as ringtones, wallpapers, video, and more.
Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of 18 and are delivered via U.S. short code and/or from a dedicated text number supplied by us to our Customers and for which you have “opted-in” with them to receive such messages (“Customer Number”). You may receive up to five message(s) per month depending on the campaign you signed up for. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to the Customer Number, or email the Spillover Support line at support@spillover.com. You may stop your mobile subscription at any time for any individual campaign from our Customer by text messaging STOP to the Customer Number or text STOP ALL to stop all messaging communications.
For further information please see iVision Mobiles Terms at www.ivisionmobile.com/terms-of-service.
Table Reservations:
If you are using our Platform to make a Table Reservation with our Customer then the following also applies:
This booking and therefore your contract is with our Customer, the company from whom you have reserved a table. The technology used within our platform is provided by a 3rd party to Spillover called simpleERB.com
Your booking and your contract for a table reservation is therefore not with simpleERB.com, who provide the booking technology, (or 5pm Ltd. the company that runs simpleERB.) nor is it with Spillover Software Group LLC, who provide our website and internet marketing services.
By using the booking system “Service” you are deemed to have accepted these terms and conditions of use:
- You need to have the legal capacity to make a booking.
- You must provide true and accurate information.
- You must be a US customer and based in the USA to make this booking.
- You are entering into a contract with our Customer which means that you have to pay for the meal once you have eaten it, unless you have made any full or partial prepay arrangements.
- The contract becomes legally binding on our Customer only when you have received the confirmation email.
- You can cancel the booking via the cancellation link below.
- If you don't turn up at the restaurant at or near the specified time, our Customer will reserve the right to charge you a "no show" fee.
- If you turn up with less than your booked number of people, our Customer will reserve the right to charge you a partial "no show" fee.
- If you turn up late at the restaurant, our Customer reserves the right to give away your table(s), although they will always endeavor to accommodate you at a later time if possible.
- Our Customer reserves the right to cancel your booking if we are unable to provide the service to you.
- If our Customer asked you for a credit card number, they reserve the right to make a charge to this card for any of the reasons described above.
A link for the Spillover privacy policy is contained below:
- You will receive emails or text messages from Spillover or our Customer relating to confirmation of your booking. By providing your phone number or email address during a reservation process you are expressly permitting Spillover or our Customer to send confirmation emails and/or text messages with regard to such reservations.
- We may also, from time to time, send you emails about our offers and services. You can opt out of these emails by simply clicking the “unsubscribe” option that is included in the email (usually at the bottom).
- Please note that you MUST notify your server at our Customers restaurant before you dine of any allergy or intolerance issues that you may have.
- For the avoidance of doubt any information passed by you to Spillover or our Customer through this service, by email, by telephone or by any other means, does not constitute receipt of such information by ourselves.
- Our booking technology partners, simpleERB.com and 5pm Ltd strive for the highest levels of security but please note that information carried over the internet is not 100% secure.
- Neither our Customer nor our booking technology partners, nor Spillover Software Group accept any liability for loss, damages or costs associated with the use of this service, including viruses, data loss or consequential loss.
- We try to keep our data up to date but we accept no responsibility for any damage or consequential loss arising from inaccurate data or your reliance upon it.
- If you choose to leave a review of a meal with us via Spillover reviews, we reserve the right to publish it without payment to you.
Reporting Claims of Copyright Infringement:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated copyright agent to receive DMCA Notices is:
Attn: Legal Counsel
3908 Avenue B Suite 301, Austin TX 78751, USA
support@spillover.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Geographic Restrictions:
The owner of the Platform is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties:
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE AND PLATFORM IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPILLOVER NOR ANY PERSON ASSOCIATED WITH SPILLOVER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPILLOVER NOR ANYONE ASSOCIATED WITH SPILLOVER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SPILLOVER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPILLOVER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE PLATFORM, THE SERVICE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification:
You agree to defend, indemnify, and hold harmless Spillover, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Jurisdiction:
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Travis County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability:
No waiver of by Spillover of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spillover to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement:
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Site and Platform and the Services provided and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, Platform and Services.
Your Comments and Concerns
This website is operated by Spillover Software Group, LLC, 3908 Avenue B Suite 301, Austin TX 78751, USA.
All notices of copyright infringement claims should be sent to the copyright agent designated above in “Reporting Claims of Copyright Infringement.”
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@spillover.com.