These terms permit the Client to order Reservation System, online through one or more executed order or intake forms referencing these terms or online through a registration page or order flow (in each case, an “Order”). The Order will identify the restaurant(s), for which the reservation system is permitted to be used (“Restaurant(s)”). In addition to the terms below, each Order is deemed part of these terms to the extent it covers Our Website products and services with respect to Reservation System. (Each party expressly agrees that these terms is legally binding upon it.) The client understands and agrees that Our Website may modify these terms from time to time as permitted in (Changes to Terms) below. These terms is divided into two parts. Part one describes the terms that govern your use of the reservation system. Part two explains each party’s obligations under Our Website’s service policy for the reservation system. If you are an individual accepting on behalf of Client, you represent and warrant that (1) you are of legal age and have the full legal authority to bind Client to these terms, (2) you have read and understood these terms, and (iii) you agree, on behalf of the Client, to these terms.

Part One

Definitions

Our Website Software means the object code version of Our Website’s proprietary software provided to the Client, which may consist of one or more applications or modules and may include desktop, mobile, or other software, and any updates thereto as may be provided by Our Website. Our Website Network means the proprietary Our Website online restaurants reservation network (or any successor network) and any other websites, wireless platforms, or applications owned or operated (in whole or in part) by Our Website or its affiliates, and any third-party partner websites, platforms or services in relation to which Our Website or its affiliates enter into terms from time to time. Our Website System or reservation system means Our Website’s system that enables reservation management capabilities with respect to each Restaurant subject to these terms, as specified in the applicable Order, as made available through (a) the Restaurant facing features and functionality of the Our Website Network, (b) the Our Website Software.

Our Website System License

License Grant. Subject to the terms and conditions of these terms, Our Website hereby grants Client a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Our Website’s Reservation System during the applicable Term, but only in connection with the applicable Restaurant’s, authorized access to and promotion on the Our Website Network and management of customer reservations at such Restaurant.

Promotion and Online Reservations and the Use of Client Listing Materials

Our Website will place listings for the Client’s Restaurant(s), on the Our Website Network and will allow users of the Our Website Network (“Users”) to make online reservations at the Restaurant(s). During the applicable Restaurant  Term(s), Our Website may copy, distribute, publicly display and perform, and reformat Client Listing Materials for purposes of promoting and making available reservations for Client Restaurants,   that are on the Our Website Network. All goodwill arising from the use of Client Listing Materials will inure to the benefit of the Client. “Client Listing Materials” means trademarks, trade names, business names, logos, descriptions, menus, and/or photographs of Client’s Restaurant(s).

Restrictions

Client agrees not to and agrees not to permit any third party to: (a) copy, modify or make derivatives of, reverse engineer, disassemble, decompile or otherwise attempt to discover any portion of the source code or trade secrets of the Our Website System (except to the extent such prohibition on reverse engineering is prohibited by law, and then only upon advance notice to Our Website ); (b) distribute, sell or sublicense or lease of the Our Website ‘s System or otherwise provide third parties with use of the Our Website System; (c) remove, obscure or alter any notice of any copyright, trademark, patent or other proprietary right related to the Our Website System; (d) publicly disseminate performance information or analysis regarding the Our Website System; (e) 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 Our Website System, except as expressly authorized by Our Website ; (f) take any action that imposes or may impose (in Our Website’s sole determination) an unreasonable or a disproportionately large load on the Our Website System; (g) utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Our Website System; (h) use any portion of the Our Website System to provide, or incorporate any portion of the foregoing into, any product or service provided to a third party.

Data

During the applicable Restaurant Term. Our Website will provide the Client with certain Our Website’s Data as permitted under Our Website’s then-current Our Website privacy & cookies statement (currently located at:

https://widebooking.com/privacy-cookies-statement/

(the “Our Website Privacy & Cookies Statement”). Subject to the terms and conditions of these terms (including the representations and warranties, (Representations and Warranties), Client may use such Our Website Data as Our Website may provide for its lawful business purposes. “Our Website Data” means data related to the User’s and Users’ reservations. at Client’s Restaurants, that Our Website make it available to the Client through the Our Website System.  Subject to the terms and conditions of these terms, Our Website may use any Client Data provided by Client for Our Website’s lawful business purposes. “Client Data” means Restaurant schematic information, reservation information, and similar data submitted by Client to the Our Website System, but excluding Our Website Data. As between the parties, Client shall retain all right, title and interest (including any and all intellectual property rights) in and to the Client Data as provided to Our Website.

Client’s Obligations

The Responsibility for Employees: Registration and Login Information. 

All information Client provides to Our Website to establish or maintain its Our Website System account must be true, accurate, current, and complete. Such information may include a physical address, email address, phone number, and other information as Our Website may reasonably request. The client will limit the use of the Our Website System to its authorized employees acting on its behalf to support its authorized use of the Our Website System, be responsible for such employees’ compliance with these terms, and not grant access to the Our Website System to any other third party. The client must, and must require its employees to, keep all login and password information for the Our Website System strictly confidential and not share such information with any unauthorized person. The client will be responsible for all actions taken through the Client’s account for our website System, and the Client agrees to immediately notify Our Website of any unauthorized use of its account or any other breach of security related to its use of our website System. To the extent Client wishes to grant third parties, including service providers (each a “Third Party Recipient”) access to Reservation System (including the Reservation System Administrator Console) or any other Our Website systems, or websites, any such Third-Party Recipient must enter into separate terms with Our Website.

Our Website Service Policy; Online Reservations. The client agrees to the Our Website Service Policy in Part 2. The client agrees to accept online reservations processed through the Our Website Network and honor those reservations in accordance with the Client Responsibilities provisions in Part 2.

Client Responsibilities for Our Website System

The client shall be fully responsible for any loss or damage that occurs to the Our Website System while in the Client’s possession and agrees to take reasonable steps to protect the Our Website System from theft, damage, deterioration, or loss. If an Our Website System is damaged, stolen, or lost, the Client will be responsible for the costs of repair or replacement. The client will also remain responsible for all applicable rental fees, provided that Our Website has provided a repaired or replacement unit. Our Website recommends that the Client obtain adequate property damage and public liability insurance covering the Our Website Hardware and its use during the Term of these terms.

Representations and Warranties

Client represents, warrants, and covenants to Our Website that (a) it has the requisite right, power, and authority to enter into these terms, to perform its obligations hereunder, and to consummate the transactions contemplated by these terms; (b) these terms have been accepted by Client and constitutes a legally valid and binding obligation of Client, enforceable against Client in accordance with its terms; (c) Client owns or controls the Restaurant(s)  and shall be responsible for the Restaurant(s)’  compliance with these terms; (d) in its access or use of the Our Website System and access or use of the Our Website Data, Client will comply with all applicable laws and regulations, including without limitation laws relating to access, transfer, sales or use of data, including personal data, (collectively, “Laws”), Client’s applicable privacy policy and the Our Website Privacy Policy; (e) to the extent Client shares or provides any Our Website Data to any Third Party Recipient, Client shall remain responsible for such Third Party Recipient’s use of such data in accordance with these terms; and (f) Client has all necessary rights, consents and permissions to provide all Client Data and Client Listing Materials to Our Website and grant the rights granted by Client herein, and the exercise of Our Website’s rights to Client Data and Client Listing Materials as contemplated herein will not violate or infringe any Laws, third party intellectual property right, right of privacy or right of publicity or any applicable privacy policy of Client.

Ownership

 “WideBooking”

is, and will remain, the owner of the Our Website System, Our Website Network, Our Website  Data, any aggregate data based on Client Data that does not contain personally identifiable or Client-specific information, Usage Information (as defined below), all Deliverables and any other data as may be collected through the Our Website Network, any modifications, improvements or derivative works of the foregoing and all patents, copyrights, trademarks, service marks, trade secrets, and other proprietary or intellectual property rights, whether registered, unregistered, known or unknown, associated with any of the foregoing (“Our Website Technology”). Nothing herein limits Our Website’s use of the Our Website Technology in any manner. The client will take such actions as Our Website may reasonably request to confirm Our Website’s ownership of the Our Website Technology. Except as expressly provided in these terms, no right, title, or interest therein or thereto will be transferred to Client hereunder, irrespective of any use of the words “purchase”, “sale” or any similar terms. The client, from time to time, may submit comments, information, questions, data, ideas, descriptions of processes, or other information to Our Website (“Feedback”). Our Website may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. The client further agrees that Our Website may collect usage and technical information regarding the Client’s use of the Our Website System, including without limitation the Client’s IP address and approximate geographic location, hardware and device information (e.g. carrier, operating system, and type), and records regarding features of the Our Website System used and session length (“Usage Information”) and may use Usage Information for any lawful business purpose.

Termination

If the Client wishes to terminate the account  Client may do so, by letting us know to delete the account Our Website may immediately terminate the client’s account Notwithstanding anything to the contrary in these terms, Our Website may suspend the use of the Reservation System or terminate client account immediately if Our Website determines such action is necessary in order to comply with Laws or determines that continuing under these terms could result in legal or business liability or cause material harm to its products, services, reputation or Users.

Warranty and Disclaimer

the Our Website system, Our Website network, and any deliverables or services provided hereunder are provided “as is” and “as available.” Our Website makes no representation or warranty with respect to the Our Website system, the  Our Website network, deliverables or services, and Our Website expressly disclaim any and all warranties, whether express, implied, or statutory, with respect to the Our Website system, the Our Website network, and all deliverables or services (including without limitation those related to setup, connectivity, and wiring) provided hereunder by Our Website or any third party vendor selected by Our Website, including without limitation any implied warranty of merchantability, title, non-infringement or fitness for a particular purpose, or any implied warranty arising from a course of performance, course of dealing or usage of trade. Our Website does not warrant that client’s use of the Our Website system or Our Website network will be uninterrupted or error-free, that Our Website will review the client data for accuracy or that it will preserve or maintain the client data without loss. Our Website shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Our Website.

Limitation of Liability

Our Website will not be liable to the client for (1) any indirect, incidental, punitive, or consequential damages or (2) any loss of profit, revenue, data, business, or use arising out of these terms. in no event will Our Website’s cumulative liability arising from or related to these terms, including, without limitation, any related cause of action, exceed the total amounts paid by the client to Our Website under these terms, the date of the event giving rise to the initial claim for which damages are recovered hereunder. client understands and agrees that the foregoing limitations are an essential element of the terms  the client agrees that

the limitations specified (Warranty Disclaimer) and (Limitation of Liability) will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Confidentiality

Any confidential or proprietary information of either party, whether of a technical, business, or other nature, including, but not limited to trade secrets, know-how, technology, and information relating to customers, business plans, promotional and marketing activities, finances, and other business affairs, (collectively, “Confidential Information”) disclosed to the recipient party by the disclosing party in connection with these terms will be treated by the recipient party as confidential and proprietary, provided that it is marked at the time of disclosure as confidential or proprietary or is of such a nature that a reasonable business person would consider it confidential or proprietary. The terms and conditions of these terms (including, without limitation, pricing), the Our Website Technology, and any performance information regarding the Our Website System or Our Website Network are all deemed Confidential Information of Our Website. Unless specifically authorized by the disclosing party or in order to exercise its rights under these terms, the recipient party will: (a) not disclose such Confidential Information to any third party (other than as set forth in this Section, below); and (b) otherwise use reasonable precautions to protect such Confidential Information from unauthorized use and disclosure, including, without limitation, all precautions it uses to protect its own Confidential Information of a similar nature. Without limiting the express restrictions in these terms, including (Registration and Login Information; Responsibility for Employees) and (Restrictions), any employee, contractor, agent, or advisor given access to any Confidential Information must have a legitimate “need to know” in order to perform a party’s obligations or exercise its rights under these terms and the recipient party shall remain responsible for each such person’s compliance with the terms. The obligations set forth in this paragraph will not apply to any information that: (i) was already known to the recipient party, other than under an obligation of confidentiality, at the time of disclosure by the disclosing party; (ii) was generally available to the public or otherwise, part of the public domain at the time of its disclosure to the recipient party; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the recipient party in breach of these terms; (iv) was disclosed to the recipient party, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; or (v) was developed independently by the recipient party without any use of Confidential Information. Notwithstanding the foregoing, the recipient party may make disclosures to the extent required by law.

General

Governing Law. These terms will be construed in accordance with the laws of the kingdom of Saudi Arabia without reference to its choice of law provisions. The courts located in the County of Dammam will be the exclusive venue for any claim or dispute between the parties or against any agent, employee, successor, or assign of the other, whether related to these terms or otherwise and the parties hereby consent to the personal jurisdiction of those courts for such purposes.

Force Majeure.

Our Website will not be liable to Client in any way whatsoever for any failure or delay in performance of any of its obligations under these terms arising out of any event or circumstance beyond the reasonable control of Our Website.

Headings:

Construction. The headings to the clauses, sub-clause and parts of these terms are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these terms. Any ambiguity in these terms shall be interpreted equitably without regard to which party drafted the Terms or any provision thereof.

No Waiver

Severability. The failure of either party to insist upon or to enforce strict performance of any provision of these terms, or to exercise any right or remedy under these terms, will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of these terms shall be judged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect enforceable.

Changes to Terms

Subject to the specific terms for pricing modifications (Payment) above, Our Website may modify these terms from time to time.

Part Two

Internet Connectivity

An Internet connection (“Connectivity”) is necessary for consistent synchronization between the device(s) at any Restaurant and the Our Website data center. The client is responsible for obtaining Connectivity from an Internet service provider. The client understands that although the Our Website System may be used in an offline mode, it is the Client’s responsibility to restore Connectivity to synchronize with the Our Website data center. The client understands that online reservations will continue to be made even when running in an offline mode. It is the Client’s responsibility to notify Our Website support if online reservations need to be temporarily halted because the Client has lost Connectivity and cannot accommodate online reservations.

The client agrees to fully comply with Our Website’s current Internet Connection Requirements in order to ensure a proper connection to the Our Website Network and for efficient support. 

The client agrees to be connected to the Internet and accept online reservations. If the Client fails to implement Connectivity and/or accept online reservations, the Client’s account will be suspended.

Technical Restrictions

Client acknowledges and agrees that Our Website System(s) may have technical restrictions as communicated by Our Website from time to time.

Client Responsibilities

Our Website depends on Client cooperation to enable us to provide the best possible service. To that end, the Client specifically agrees to:

Treat diners who book reservations online the same as those diners making reservations by phone or walking in.

1. Ensure that all Client users of the Our Website System are adequately trained and use the Our Website System appropriately. This includes, without limitation, making reservations, seating parties, making configuration changes, honoring all online reservations, and using the cancel carefully. In any instance where a Client disputes a confirmed reservation.
2. Make all tables at each Restaurant not set aside for walk-ins.
3. Keep the Our Website System updated to accurately reflect all temporary closures (e.g. holidays or remodeling) or periods when the Restaurant(s)  are not accepting reservations for certain time slots made available to Users on the Our Website Network.
4. Be available for staff training on the Our Website System(s). Client agrees to bring as much of its Restaurant staff together as it can to make training more efficient and to train new Restaurant staff as they are hired.
5. Ensure connectivity and synchronization of the Our Website System as requested by Our Website.
6. Use the Our Website System in accordance with any documentation provided by Our Website from time to time. This includes, without limitation, utilizing all provided guidelines, tips, techniques, and other documented resolutions as well as “help” functions within the Our Website System as initial attempts to resolve problems. Accept rewards made available to diners pursuant to any Our Website loyalty or rewards program that is intended to be redeemed at your restaurant(s).
7. Client agrees to review all SMS, faxes, emails, and mailed materials sent from Our Website regarding the management of the Client’s account.
8. Maintain Restaurant Connectivity and cooperate with Our Website and internet provider company (ISP) staff in efforts to restore Connectivity.
9. Not input sensitive customer information into the Our Website System (including, without limitation, credit card data).
10. Once a guest books a table through our website it is the restaurant’s full responsibility to deal with the guest’s booking when arriving.

For more information please don’t hesitate to contact us