The TasteM8 Platform (“Platform”) provides information for prospective and current third party Merchants about how the Platform can help merchants present their goods and services to new and existing customers. The Platform also facilitates transactions between Merchants and users in the purchase of good and services from Merchants. The Platform also facilitates contributions made to Campaigns and Approved Charities through financial transactions performed on the Platform (“Services”). As a condition of your use of the Platform, you agree that:
We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Platform is an administrative platform only that facilitates the various transactions between merchants, customers, users, Campaigns and Campaign donors, and Approved Charities and Charity Donors. TasteM8 is not a broker, agent, financial institution, creditor or insurer for anyone. TasteM8 has no control over the conduct of, or any information provided by, merchants, users, and/or an Approved Charity, and TasteM8 hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
You acknowledge that there may be interruptions in service or events, some of which may be beyond our control. While we use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Platform access may be interrupted, suspended or terminated. TasteM8 retains the right at our sole discretion to deny service, or access to the Platform to anyone or an account, at any time and for any reason.
The content and information on the Platform ("Content") as well as the infrastructure used to provide the Content, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Platform.
Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with TasteM8 and the Platform. In addition, TasteM8 is not responsible for any data lost during transmission.
Everything located on or in the TasteM8 Platform is the exclusive property of TasteM8 or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE PLATFORM OR ANY PORTIONS OR AREAS OF THE TASTEM8 PLATFORM WITHOUT THE EXPRESS WRITTEN PERMISSION OF TASTEM8 IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The TasteM8 Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, icons, and sound, and the entire contents of the TasteM8 Platforms are protected by copyright as a collective work under the United States copyright laws. TasteM8 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of TasteM8 or the copyright owner is permitted.
You will not upload, post or otherwise make available on the TasteM8 Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. By submitting material to any public area of the TasteM8 Platforms, you warrant that the owner of such material has expressly granted TasteM8 the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for such User's personal use. You also grant TasteM8 the right to edit, copy, publish and distribute any material that you make available on the TasteM8 Platforms.
TasteM8 reserves the right to terminate its agreement with you or any other User who infringes third-party copyrights.
If you believe that any material has been posted via the TasteM8 Platform by an User in a way that constitutes copyright infringement, you shall provide TasteM8 with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the TasteM8 Platforms of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for TasteM8's DMCA Agent for notice of claims of copyright infringement is: Attn: TasteM8 Copyright Agent, 1 Almaden Blvd, Suite 810, San Jose, Ca. 95113.
If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER TASTEM8, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR PROMOTIONS PROVIDED THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE PLATFORM, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TASTEM8 HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE PLATFORM, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
When you use the TasteM8 Platforms, we may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools and web server logs. As you use the TasteM8 Platforms and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information.
The information from cookies and related technology may be stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our TasteM8 Platforms by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.
The Platform may contain links to platforms maintained by other parties which may or may not be affiliated with TasteM8. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such platforms. We expressly disclaim any representations regarding the content or accuracy of materials on such platforms or the privacy practices of those platforms. If you decide to access platforms maintained by other parties, you do so at your own risk.
By posting statements or other information you grant TasteM8 a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
With regard to financial transactions conducted on the TasteM8 Platform, TastM8 reserves the right to change any of the terms from time to time and at TasteM8’s sole discretion.
Taxes: You agree that you are not an employee of TasteM8 and there is no employee/employer relationship between TasteM8, and any individual, group, organization, club, merchant, or charity registered with TasteM8, on the basis of any activity conducted through TasteM8’s platform. You are responsible for any taxes that may be due on all or a portion of any Cash Back, income, or funds you receive from TasteM8, including any payments from customers relating to purchase of promotions. It is your responsibility to determine what, if any, taxes apply to the funds you receive through your use of the TasteM8 Platform. At any time, TasteM8 may issue an independent contractor 1099 or W-9 form to you for amounts you have received from TasteM8. You agree to provide necessary information to TasteM8 sufficient for TasteM8 to issue a 1099 to you, before any Cash Back, income, or funds are due or paid to you. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
If you purchase a promotion or promotion through TasteM8, it is restricted to the date and time specified by the promotion. The discount is applicable at the time you request service not at the time of payment. For example, if the promotion is valid from 1:00 P.M. to 2:00 P.M., if you arrive at12:30 P.M. and pay your bill at 1:01 P.M. then your promotion is not valid for your visit. The Merchant may be desirous that you receive service at the time specified by the promotion. It is at the merchant’s sole discretion to honor or reject a discounted promotion where service is not within the time and date specified. The Merchant must agree to honor the cash value of the promotion for the actual amount paid for the promotion. The Merchant may designate additional restrictions for each promotion. Please review the entire restrictions, which apply to a promotion before purchasing a promotion.
You may request a refund of your promotion from TasteM8 if unused, however, TasteM8 is entitled to retain its Promotion Transaction Fee in effect at the time of refund, not the Promotion Transaction Fee at the time of purchase.
You may request Cash Back from TasteM8 at any time. Request for Cash Back transactions are subject to a USD $2.50 CB Transaction Fee. Any amount in your Cash Back account with TasteM8 shall not accrue any interest and you disclaim any such interest.
If a Merchant registers with the TasteM8 Platform (“Merchant Account or Secondary Merchant Account”) using the Referral Code of a User, the User’s Referral Account will earn 2% Cash Back of any promotions or promotions corresponding to the Merchant Account or Secondary Merchant Account which placed the promotion and redeemed by the Merchant, for the next twelve months (12) from the Merchant’s date of registration. After 12 months, Merchants may remove a User’s Referral Code from their registration and/or replace the referral code with the Referral Code of another User. You understand that time may elapse between the Merchant registration date and when the Merchant is approved and activated by TasteM8. A Merchant might not be approved, or be deactivated by TasteM8 for any reason or no reason. Users are not entitled to any Cash Back for such Merchant registration or any time delay, or the non-approval, inactivation, and/or suspension of a Merchant registered by the User. A Merchant may have multiple Merchant Accounts or Secondary Merchant Accounts, each associated with a different User Referral Account. A Referral Account Owner is not entitled to any Cash Back for registering a Merchant with TasteM8 who did not enter the Referral Account Owner’s Referral Code into the TasteM8 Platform.
If an individual, club, group or organization is registered with the TasteM8 Platform using the Referral Code of a User, the User’s Referral Account will earn 1% Cash Back of any promotions or promotions purchased by the individual or organization corresponding to the Secondary User Account and redeemed by a Merchant, for twelve (12) months from the individual or organizations registration date. After 12 months, a User may remove a User’s Referral Code from their registration and/or replace the referral code with the Referral Code of another User. An individual might not be approved, or be deactivated by TasteM8 for any reason or no reason. An individual might not purchase any promotions through TasteM8. You are not entitled to Cash Back for any such time delay, suspension time, or non purchase of promotions by the individual or organization. For a Referral Account to earn Cash Back, the individual, club, group, or organization must have registered with TasteM8 using a Referral Code. A Referral Account Owner is not entitled to any Cash Back for registering someone with TasteM8 who did not enter the Referral Account Owner’s Referral Code into the TasteM8 Platform
If you sign up Merchants and/or place promotions on TasteM8 without approval or authority from the Merchant, then you are not entitled to and TasteM8 is not obligated to pay you any Cash Back. TasteM8 may then sign up the merchant itself.
Merchants hereby authorize TasteM8 to conduct transactions on their behalf to sell promotions or promotions to customers. Merchants are obligated to honor promotions or promotions purchased on the TassteM8 Platform under terms and conditions specified. Merchants shall not circumvent TasteM8’s Promotion Transaction Fee by arranging to give Users the same discounts offered on the TasteM8 Platform. Merchants and Users must conduct transaction on the TasteM8 Platform in order to receive listed discounts. TasteM8 may aggregate payments due to merchants before making any payments to the merchant. TasteM8 shall make reasonable attempts to pay Merchants on the fifth day of each month covering the previous month, unless such amount is less than $50 or specifically requested by the Merchant. Payments made to Merchants are subject to a $2.50 ACH Fee or check fee. Any amounts in TasteM8 accounts for Merchants shall not accrue any interest and are not subject to any interest charge.
Charities may request to be approved by TasteM8 (“Approved Charities”) The selection of a charity as an Approved Charity is at the sole discretion of TasteM8. An Approved Charity may be terminated or made inactive for any reason or no reason at the sole discretion of the Platform. Any amount in any Approved Charity’s account may be paid to the Charity upon request, unless such payment is illegal. Approved Charities registered with TasteM8 may request funds donate to them from TasteM8. Request for donated funds are subject to a USD $2.50 AC Transaction Fee. Any amounts reserved for an approved charity in the TasteM8 accounts shall not accrue any interest and is not subject to any interest charge.
We encourage you, particularly if you intend to donate to a TasteM8 campaign, or Approved Charity to review the Schedule of Fees section of these Terms of Service.
Charitable Giving: Campaigns and/or certain Approved Charities may not be charities to which you can make tax-deductible charitable contributions. Any contributions and/or donations you make to a campaign or Approved Charity through the TasteM8 Platform may be subject to TasteM8 Fees. You understand and acknowledge, that TasteM8 is itself not a charity. If you or your charity would like to register to be listed as an Approved Charity please contact us at [email protected] and we can help facilitate that process.
TasteM8 does not guarantee that a Campaign or a Charity will obtain a certain amount of donations or any donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the TasteM8 Platform by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. As a donor, Platform Users must make the final determination as to the value and appropriateness of contributing to any Campaign or Approved Charity.
You, as a Campaign organizer, represent, warrant, and covenant that (i) all information you provide in connection with a campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project. You authorize TasteM8, and TasteM8 reserves the right to, provide information relating to your campaign with law enforcement or to assist in any investigation.
Donations: : You, as a donor, represent and warrant to TasteM8 that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all donation payments are final and will not be refunded unless TasteM8, in its sole discretion, agrees to issue a refund.
Please see applicable Fees at below.
Account Holds: From time to time, TasteM8 may place a hold on an Approved Charity Account, or User Account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer.
Withdrawing Contributions from a Campaign: You, as a Referral Account Owner (or, as applicable, the beneficiary designated by the Campaign), may withdraw donations to your Campaign at any time up to the full amount of all donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While TasteM8 strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and TasteM8 does not guarantee that Withdrawals will be available to you within any specific time frame, and TasteM8 expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You are responsible for ensuring that the information you provide to TasteM8 in order to process a Withdrawal, including your bank account information, is accurate and up to date.
SCHEDULE OF FEES In effect from August 2016. Subject to change at the sole discretion of TasteM8.
|Purchase of Promotion by Customer||Promotion Transaction Fee equivalent to 12% of Promotion Transaction Amount rounded up to the next dime.|
|Promotion Refund||Promotion Refund Amount equals Promotion Transaction Amount less Promotion Transaction Fee||120 days after expiration of Promotion Purchase|
|Merchant Registration Commission for Promotion Sales by a Secondary Merchant Account||Cash Back equivalent to 2% of Promotion Transaction Amount actually redeemed by the Merchant, less any CB Transaction Fee. No Cash Back is due for Transaction Amounts of less than USD $10.00.||Projected 12 months from the registration of the Restaurant Account. TasteM8 may extend the duration at its sole discretion.
Expires 2 years from date of the last Promotion purchase and is kept by TasteM8.
|Customer Registration Commission for Promotion Purchase by Secondary User Account||Cash Back equivalent to 1% of the Promotion Transaction Amount actually redeemed by the Merchant, less any CB Transaction Fee. No Cash Back is due for Transaction Amounts of less than USD $10.00.||Projected 12 months from the registration of the Customer Account. TasteM8 may extend the duration at its sole discretion.
Expires 2 years from date of the last Promotion purchase and is kept by TasteM8.
|CB Transaction Fee||USD $2.50 for amounts below USD $50.00
USD $1.50 for amount equal to or above USD $50.00
|Transfer of Funds to Approved Charities||USD $2.50 for amounts below USD $50.00
USD $1.50 for amount equal to or above USD $50.00
|Erroneous Promotion Redemption||If a Promotion is redeemed by a User by mistake then no refund is due unless at TasteM8’s sole discretion|
Approved Charity Account: A TasteM8 account approved by the TasteM8 platform as a charity. An Approved Charity may have multiple Approved Charity Accounts or User Accounts.
Approved Charity Owner: Is the legal person or entity whose name is identified on the TasteM8 Platform’s current records as the owner of the Approved Charity Account.
TasteM8 Platform: Web Platform or group of web Platforms operated by TasteM8, Inc.
Campaigns: Primary or Secondary User Accounts created by an individual, which are not endorsed or approved by TasteM8.
User Account: A TasteM8 account opened by an individual or an organization, which receives a unique Referral Code by TasteM8 after registration. An individual or organization may have multiple User Accounts.
Referral Account: A User Account who’s unique Referral Code is used for registration a Secondary User Account or a Secondary Merchant Account.
Referral Account Owner: Is the legal person or entity whose name is identified on the TasteM8 Platform’s current records as the owner of the Referral Account.
Secondary User Account: A TasteM8 account, which was opened using a unique Referral Code of a User Account. An individual or organization may have multiple User Accounts with different unique referral codes from different individuals or organizations.
Merchant Account: A TasteM8 account opened by a merchant and verified by TasteM8. A single merchant may have multiple Merchant Accounts even at a single location.
Secondary Merchant Account: A TasteM8 account opened by a merchant and verified by TasteM8 and using a unique Referral Code of a User Account. A single merchant may have multiple Secondary Merchant Accounts with different Referral Codes from different individuals or organizations, even at a single location.
Promotion: is a financial offer of a Merchant subject to and restricted by all the terms selected by the Merchant at the time of the Promotion offering, such as number of Promotions offered, dollar amount discount, duration, time of day, acceptance after expiration, limit per visit, limit per party, and which is also subject to the rules and regulations of the TasteM8 Platform.
Promotion Transaction Amount: The dollar amount of a Promotion purchased by a User Account. For example, if the regular price of the merchant is USD $25, and the discounted price of a purchased promotion is USD $20, then the Promotion Transaction Amount is USD $20.
Promotion Purchase: is a financial transaction between the TasteM8 Platform and a customer. Merchant shall have no right to the Promotion Transaction Amount until services are performed pursuant to the Promotion and a valid Promotion Code is submitted to through the TAsteM8 Platform.
Promotion Validation: Submission of a valid Promotion Code by a Merchant Account or a Secondary Merchant Account to the TasteM8 Platform.
Promotion Value: The vale of a Promotion purchased by a User Account. For example, if the regular price of the merchant is USD $25, and the discounted price of a purchased promotion is USD $20, then the Promotion Value is USD $25.
Promotion Transaction Fee: The percentage fee charged by TasteM8, Inc. on the Promotion Transaction Amount.
Promotion Refund Amount: Is the Promotion Transaction Amount less Promotion Transaction Fee
User Referral Code: Referral Code assigned to a User Account after registration with the TasteM8 Platform.
Merchant Registration Commission: Commission paid by TasteM8 to a Source Referral Account, less any deductions for Promotion Refund Amount and Promotion Transaction Fee.
Customer Registration Commission: Commission paid by TasteM8 to a Source Referral Account, less any deductions for Promotion Refund Amount and Promotion Transaction Fee.
Cash Back: Electronic Credits Earned by a Referral Account. Will be converted into cash at time TasteM8 issues check or ACH transfer.
CB Transaction Fee: Cash Back Transaction Fee is the transaction fee amount or percentage charged by the TasteM8 Platform to a User Account for causing the transfer of funds to a Referral Account Owner. .
Approved Charity Transaction Fee: The transaction fee amount or percentage charged by the TasteM8 Platform to an Approved Charity Account for causing the transfer of funds to the Approved Charity Owner.
Unauthorized Funds: Funds which may have been unwittingly transferred by the TasteM8 Platform without the authorization of the true Owner of either a Referral Account or an Approved Charity Account to another person or entity through fraud or misrepresentation.