Chat with us, powered by LiveChat
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.
PreferencesDenyAccept
Save up to 15% on Labor Costs....See How Here🚀💰

Terms of Use

‍

Last updated: 02/10/23

‍

These Terms of Use (“Terms”) govern your use of and access to the Kontactless platform provided by Gaben LLC dba Kallpod (“Kallpod”, “Kontactless,”“we,” “our,” or “us”), including, without limitation, the Kontactless webapplication and the information, content, materials, products, and services made available on the Kontactless platform (collectively, the “Services”).

These Terms will remain in full force and effect as long as youuse the Services. We encourage you to read these Terms carefully. By accessingor using the Services, you acknowledge that you have read and agree to be boundby these Terms and our Privacy Policy, which is incorporated by reference.Kontactless reserves the right to update these Terms at any time. Yourcontinued access to and use of the Services after such updates are effective isyour acknowledgment and agreement to such modifications.

ARBITRATION NOTICE: PLEASE REVIEW THE “DISPUTE RESOLUTION”SECTION BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITHKONTACTLESS THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREETHAT YOU AND KONTACTLESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOUFURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVEPROCEEDING AGAINST KONTACTLESS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLYACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND WILL BE BOUND BY,ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.

‍

ABOUT KONTACTLESS

Kontactless is a hospitality communication platform thatconnects guests with third-party service providers, including restaurants,hotels, and large venues (collectively, “Venues”). The Kontactless platformlets you use your mobile device or computer to order products and services fromVenues and provide real-time feedback to Venues.

Kontactless is not a Venue. The Venues offering products andservices on our platform operate independently of Kontactless. Some Venues arerequired to comply with federal, state, and local laws, rules, regulations, andstandards (collectively, “Applicable Regulations”) pertaining to their specificindustry. For example, Venues that are restaurants must comply with regulationsgoverning the preparation, sale, and marketing of food, including, withoutlimitation, food preparation and safety and menu disclosures. Kontactless isnot liable or responsible for Venues’ compliance with Applicable Regulationsand does not verify any Venue’s compliance with all applicable laws. In addition,Kontactless does not guarantee the quality of the products or services providedby Venues; Kontactless does not independently verify, and is not liable for,representations made by Venues in connection with any of the products orservices a Venue provides to you.

‍

ELEGIBILITY

In order to access and use the Services, you must have a validphone number, and you must have the power to enter a binding contract with usand not be barred from doing so under any applicable laws. If you are a minorin the jurisdiction in which you reside, your parent or legal guardian mustread and agree to these Terms before you use the Services. Notwithstanding theforegoing, you are not authorized to use or access the Services if you areunder the age of 13.

You are responsible for ensuring that any information you submitto us or the Services is true, accurate, current, complete, and lawful. You arealso responsible for maintaining the confidentiality and security of allinformation you submit in connection with your account, including, withoutlimitation, promptly notifying Kontactless if your phone number changes byemailing support@kontactless.io.You are solely responsible for the activity that occurs under your account, andKontactless will not be liable for any injury, loss, or damages of any kindarising from or related to your acts or omissions in connection with youraccount, or the acts or omissions of someone using your account, including,without limitation, you failure to keep your phone number current.

You may not use or access the Services if we have previouslysuspended or removed you from the Services, or if your registration or your useof the Services is not in compliance with any and all applicable laws or these Terms.Also, you may not use the Services if your use would cause us to violate anyapplicable laws or regulations. Kontactless reserves the right to terminateyour access to, or suspend or remove you from, the Services at any time, forany reason or no reason, without penalty and with or without notice to you.

‍

PERSONAL AND NON-COMMERCIAL USELIMITATION

Kontactless grants you a limited, non-exclusive,non-transferable, and revocable license to use the Services for their intendedpurposes subject to your compliance with these Terms and Kontactless' policies.Unless otherwise specified, the Services are for your personal andnon-commercial use. You may not modify, copy, distribute, transmit, display,perform, reproduce, publish, license, create derivative works from, transfer,or sell the Services, in whole or in part, or any other information, products,or services obtained from the Services.

‍

PROHIBITED USES

You may not use the Services for any of the following:

  • reproducing, duplicating, copying, selling, reselling,     publishing, uploading, posting, transmitting, distributing or otherwise     exploiting for any purpose, any portion of, functionality of, or access to     the Services, except for your own, personal non-commercial use;
  • modifying, adapting, translating or creating derivative     works based upon the Services;
  • selling or renting any part of the Services, any     derivative works based in whole or in part on the Services, or any     collective work that includes any part of the Services;
  • using the Services in violation of any and all     applicable laws, rules, and regulations;
  • reverse engineering, modifying, altering (including by     removing or disabling any security or technological safeguards,     disclaimers, or legends), any portion of, functionality of, or access to     the Services;
  • deleting the copyright or other proprietary rights     notices on the Services;
  • removing, circumventing, disabling, damaging or     otherwise interfering with security-related features of the Services,     features that prevent or restrict use or copying of any of the Services,     or features that enforce limitations on the use of the Services; or
  • intentionally interfering with or damaging the     operation of the Services or any user's enjoyment of it, by any means,     including without limitation by participation in any denial-of-service     type attacks or by uploading or otherwise disseminating viruses, adware,     spyware, worms, or other malicious code.

Any violation of these Terms may result in the immediatetermination of your account, use, or access to the Services.

‍

ALCOHOLIC BEVERAGES POLICY

Some Venues may give you the option to order alcohol products insome locations. You agree that you will comply with all applicable laws and notcause Kontactless or any Venue to contravene any applicable laws. If you placean order that includes any alcoholic beverage, you represent and warrant thatyou are at least 21 years of age. Upon delivery or pickup, as applicable, youwill present a government-issued identification card, evidencing your age,consistent with applicable legal requirements. You agree that if any applicablelegal requirements for the delivery of alcohol are not met, the Venue reservesthe right to cancel the alcohol-related portion of your order. You also agreethat Venues may withhold delivery of the alcoholic beverages if you appear orthe recipient of the delivery appears intoxicated when receiving delivery ofsuch products. If you do not comply with these terms, you agree that thealcoholic beverage(s) will not be released to you, and you may forfeit the costof such beverages.

‍

PAYMENT POLICY

‍

Venue Orders

When you use the Services to place an order for goods, services,or other items from a Venue (a “Venue Order”), you agree to pay the listedretail price of those goods, services, or items, plus all applicable salestaxes (the retail prices of all orders items plus all applicable sales taxes,the “Order Total”). Kontactless is not a party to your transaction with aVenue; the transaction is solely between you and the Venue. The Venue Order andthe Order Total are subject to the Venue’s return and refund policies. Venueswill charge, and you authorize Venues to charge, the payment method you specifyat the time of purchase. If you pay any amounts with a credit card, the Venuemay seek pre-authorization of your credit card account prior to your purchaseto verify that the credit card is valid and has credit available for yourintended purchase.

‍

Platform Fee

Kontactless charges you a platform fee (“Platform Fee”) of $0.50per Venue Order for facilitating the transmission of your order to the Venue.The Platform Fee is added to the Order Total, and will be included in theamount you pay when you submit an order. The Platform Fee is non-refundable,except that if the Venue agrees to cancel your order, Kontactless will alsorefund the Platform Fee. The Platform Fee is not intended to and does not makeKontactless a party to your transaction with the Venue.

The provider of Services is Kontactless, Inc. If you are aCalifornia resident, in accordance with Cal. Civ. Code §1789.3, you may reportcomplaints to the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs by contacting them inwriting at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or bytelephone at (800) 952-5210.

Kontactless, INC

Address: 5225 Wilshire Blvd, Suite 800, Los Angeles, CA 90036

Phone: (866) 491-1466

‍

PRIVACY

We encourage you to review our Privacy Policy, which governsyour use of and access to the Services.

‍

MOBILE DATA

Your use of the Services may require mobile data services, andyou may incur additional charges from your wireless provider for these services.You agree that you are solely responsible for any such charges.

‍

THIRD-PARTY LINKS

The Services may include links or references to third-party websites or services (“Third-Party Sites”) solely as a convenience to you, and theinclusion of any link or references does not imply endorsement by Kontactlessof any such Third-Party Site. Third-Party Sites are not under our control, andwe are not responsible for the contents, information, materials, products, orservices of any Third-Party Site, or any link contained in a Third-Party Site,or any changes or updates to such Third-Party Sites. Your access to and use ofThird-Party Sites, including the information, materials, products, or serviceson or available through those Third-Party Sites, is solely at your own risk andmay be governed by different terms of use and privacy policies.

‍

THIRD-PARTY SERVICE PROVIDERS

We use third-party service providers (“Third-Party ServiceProviders”) to help us provide the Services to you. When you register for,participate in, or access the Services, you may be required to register for anaccount with or provide information to a Third-Party Service Provider. Youunderstand and acknowledge that the information you provide to a Third-PartyService Provider is governed by that Third-Party Service Provider’s privacypolicy and terms of use, and Kontactless has no responsibility for the productsor services that the Third-Party Service Provider provides to you. We may, inour sole discretion, for any or no reason and without penalty or notice to you,suspend or terminate our relationship with a Third-Party Service Provider.

‍

INTELLECTUAL PROPERTY

‍

Copyright

All content and functionality on the Services, including,without limitation, visual interfaces, text, graphics, logos, design,information, icons, images, services, content, videos, downloadable orsupplementary materials, and all other elements of the Services, in addition toany concepts, know-how, tools, frameworks, software, applications or othertechnology, algorithms, models, processes, and industry perspectives underlyingor embedded in the foregoing, along with any enhancements to, or selection,arrangement, or derivative works thereof (the “Services Materials”) is theexclusive property of Kontactless or its licensors and, to the extentapplicable, is protected by U.S. and international copyright, patent, andtrademark laws, international conventions, and other applicable laws governingintellectual property and proprietary rights.

‍

Trademark

The trademarks, service marks, designs, and logos (collectively,the “Trademarks”) displayed on the Services are the registered and unregisteredTrademarks of Kontactless and its licensors. We ask that you use our Trademarksonly for purposes of attributing to us any content that we permit you to shareunder these Terms. You agree that, except as expressly permitted by us or byour licensors, where applicable, you will not use Kontactless' Trademarks foradvertising or promotional purposes, and that you will not imply any endorsementby or relationship with, Kontactless or its licensors.

‍

Your Feedback

Kontactless may introduce new features, change existingfeatures, or remove features from the Services at any time and without notice.If you provide Kontactless with any suggestions, feedback, or commentsregarding the Services, you grant Kontactless the right to use suchsuggestions, feedback, or comments for any purpose without restriction orpayment to you.

‍

INDEMNIFICATION

You agree, to the extent permissible under your jurisdiction'slaws, to indemnify, defend, and hold harmless Kontactless and its parent,successors, affiliated companies, contractors, officers, directors, employees,agents and its third-party suppliers, licensors, and partners (the “KontactlessParties”) from and against all losses, damages, liabilities, demands,judgments, settlements, costs and expenses of any kind (including legal feesand expenses), from any claim or demand relating to or arising out of (i) youraccess to, use or misuse of the Services; (ii) your breach or alleged breach ofthese Terms, or any violation of the Terms, including any breach of therepresentations, warranties, and covenants made herein; or (iii) your failureto comply with applicable laws, including the infringement of any intellectualproperty, privacy, or other right of any person or entity by you or anythird-party using your account. Kontactless reserves the right, at yourexpense, to assume the exclusive defense and control of any matter for whichyou are required to indemnify us, and you agree to cooperate with our defenseof these claims. You agree not to settle any such matter without our priorwritten consent. We will use reasonable efforts to notify you of any such claim,action, or proceeding when we become aware of it.

‍

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISESPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEKONTACTLESS PARTIES DISCLAIM, WITH RESPECT TO THE SERVICES, ALL WARRANTIES,EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.KONTACTLESS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE SECURE,UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THATTHE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

KONTACTLESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONSREGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIRCORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OROTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OFTHE PRODUCTS OR SERVICES ORDERED OR DELIVERED ON THE SERVICES. APPLICABLE LAWMAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAYNOT FULLY APPLY TO YOU.

KONTACTLESS WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCERESULTING FROM CAUSES BEYOND KONTACTLESS' REASONABLE CONTROL, INCLUDING,WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THEINTERNET AND ELECTRONIC COMMUNICATIONS. KONTACTLESS IS NOT RESPONSIBLE FOR ANYDELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

KONTACTLESS RELIES UPON VENUES AND OTHER THIRD-PARTY PROVIDERSTO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCTSAFETY. KONTACTLESS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLETHROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE,INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION,IMAGES, FOOD QUALITY OR DESCRIPTIONS, PRICING, OR RATINGS. ALL CONTENT ISPROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATIONPROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUTLIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

‍

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENTWILL KONTACTLESS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGESWHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS,REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF KONTACTLESS HAS BEENPREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF AWARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISESOUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, PERFORMANCE OF, ORSERVICES PROVIDED ON OR THROUGH THE SERVICES OR BY KONTACTLESS. KONTACTLESSASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSESTHAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSTO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES.KONTACTLESS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OFOR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIALAVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGESOR ADDITIONAL WEBSITES LINKED FROM THE SERVICES, FOR ANY ERROR, DEFAMATION,LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER,INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY.THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSEOF ANY LIMITED REMEDY. IN NO EVENT WILL KONTACTLESS' TOTAL LIABILITY TO YOU FORALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, ORTORT EXCEED (A) THE AMOUNT PAID BY YOU TO KONTACTLESS OR A VENUE, IF ANY, OR(B) $100 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BYLAW.

YOU AND KONTACTLESS AGREE THAT THE WARRANTY DISCLAIMERS ANDLIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OFTHIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THECONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THEDECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND KONTACTLESS AGREETHAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENTARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THISSECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

‍

DISPUTE RESOLUTION

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALLCLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, ORREPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATORMAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASSARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KONTACTLESSARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASSACTION.

Arbitration means that an arbitrator and not a judge or jurywill decide the claim. Rights to prehearing exchange of information and appealsmay also be limited in arbitration.

If this class action waiver is held unenforceable, then theentirety of this "Dispute Resolution" section will be deemed void.Except as provided in the preceding sentence, this "DisputeResolution" section will survive any termination of these Terms of Use.You further acknowledge that any claim arising under these Terms must bebrought within one year of its accrual or it will be waived. The arbitrator,and not any federal, state, or local court or agency, will have exclusiveauthority to resolve any dispute relating to the interpretation, applicability,enforceability, or formation of this agreement to arbitrate, as well as allthreshold arbitrability issues, including whether this Dispute Resolutionprovision is unconscionable and any defense to arbitration.

‍

Arbitration Procedures and Location

The arbitration will be administered by JAMS under itsComprehensive Rules in effect at the time the arbitration demand is made. Thecurrent rules, effective July 1, 2014, can be found here:http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rulescan be found here: http://www.jamsadr.com/rules-clauses/. In the event of anyconflict between the rules and these Terms, these Terms will apply. You andKontactless agree to submit to the jurisdiction of a single neutral arbitratorselected in accordance with the JAMS Comprehensive Rules.

The arbitration will be held in Los Angeles, California, or any other location you and Kontactless mutually agree upon in writing.

‍

Arbitration Fees

The JAMS rules will govern payment of all arbitration fees andeach party will be responsible for their own fees under those rules.

‍

Changes

Kontactless reserves the right to change this "DisputeResolution" section, but any such changes will not apply to claims filedbefore the effective date of such amendment. Notwithstanding the provisions ofthe modification-related provisions above, if Kontactless changes this"Dispute Resolution" section after the date you first accepted theseTerms (or accepted any subsequent changes to these Terms), you agree that yourcontinued use of the Services after such change will be deemed acceptance ofthose changes.

‍

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of theTerms will not constitute a waiver of such right or provision. Any waiver ofany part of the Terms will be effective only with our written, signed consent.These Terms are governed by and construed in accordance with the laws of theState of California without reference to the principles of conflicts of lawsthereof. Venue for any legal proceedings will be in Los Angeles County,California. If any provision of the Terms is held to be unlawful, void, or forany reason unenforceable, then that provision will be limited or eliminated fromthe Terms to the minimum extent necessary and will not affect the validity andenforceability of any remaining provisions. You may not transfer or assign anyof these Terms, including any of the rights or licenses we grant to you. We mayassign these Terms without consent or any restriction. Any assignment attemptedto be made in violation of the Terms will be null and void. Upon termination ofthe Terms, any provision which, by its nature or express terms should survive,will survive such termination or expiration, including, but not limited to,Sections 5 through 15. These Terms use heading references, which are not a partof the Terms and should not be deemed to limit or affect any of the provisionsin these Terms. The Terms and the Privacy Policy constitute the entireagreement between you and Kontactless relating to the subject matter herein andwill not be modified except by a change to the Terms or Privacy Policy made byus according to these Terms.

‍