Terms of Service
Welcome to Barpay. Barpay LLC and/or its affiliates ("Barpay") provide features and services to you when you use Barpay or software provided by Barpay in connection with any of the foregoing (collectively, "Barpay Services"). Barpay provides the Barpay Services subject to the following conditions.
By using Barpay Services, you agree to these conditions. Please read them carefully.
These terms are in English, and may at times be translated into other languages. In the event of a conflict between these English terms and a translated version, the English language terms will control.
The most recent date of update of these terms is August 23rd, 2020.
Please review our Privacy Notice, which also governs your use of Barpay Services, to understand our practices.
When you use Barpay, or send e-mails, text messages, and other communications from your desktop or mobile device to Barpay, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or in-app push notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Barpay Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Barpay or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Barpay Service is the exclusive property of Barpay and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Barpay are trademarks or trade dress of Barpay in the U.S. and other countries. Barpay's trademarks and trade dress may not be used in connection with any product or service that is not Barpay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barpay. All other trademarks not owned by Barpay that appear in any Barpay Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barpay.
Barpay may apply for certain patents. Please contact us for questions about Barpay’s patents and licenses..
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees and costs, Barpay or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Barpay Services. This license does not include any resale or commercial use of any Barpay Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Barpay Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Barpay or its licensors, suppliers, publishers, rights holders, or other content providers. No Barpay Service, nor any part of any Barpay Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barpay. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barpay without the express written consent of Barpay. You may not use any meta tags or any other "hidden text" utilizing Barpay's name or trademarks without the express written consent of Barpay. You may not misuse the Barpay Services. You may use the Barpay Services only as permitted by law. This limitation includes, but is not limited to, legal limitations on the consumption of alcohol. You may not consume alcohol in the United States unless you are at least 21 years of age. Each state in the United States has laws governing the use of a motor vehicle after or during consumption of alcohol. Barpay encourages and asks you not to drive while under the influence of alcohol. The licenses granted by Barpay terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Barpay Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Barpay Services only with involvement of a parent or guardian. Alcohol listings on Barpay are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any app functionality related to alcohol. Barpay reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
RETURNS, REFUNDS, and CHARGEBACKS
Barpay serves as an intermediary between an end customer (“User”) and a restaurant or bar (“Establishment”). All purchases made with Barpay are agreements between the User and the Establishment. If the User seeks a refund or cancellation of an order the User must speak directly with the management or representative of the Establishment. If a User disputes a transaction (chargeback), or is issued a refund, the funds will be recouped from the Establishment incrementally by raising the Barpay transaction fees until balance is paid down. While Barpay typically fights all chargebacks, Barpay reserves the right to accept or fight any chargebacks on behalf of the Establishment. All chargebacks, whether won or lost, will incur a $15 Fee.
In the event a User's credit or debit card is declined, the tab will enter a "pending" state. The User's account will be frozen until the debt is settled. If the tab remains in a pending state for more than 30 days, the Establishment may contact email@example.com to recoup the funds.
Barpay attempts to be as accurate as possible. However, Barpay does not warrant that food and drink descriptions or other content of any Barpay Service is accurate, complete, reliable, current, or error-free. If an item described by Barpay itself is not as described, your sole remedy is to speak to a manager or representative of the Establishment.
All food and beverage prices on Barpay are created by the Establishment. Where discounts are offered through Barpay, Barpay cannot verify the accuracy of any advertised “full price” of any item.
SMARTTIP & CONVENIENCE FEE
By using the Barpay application to order food and/or drinks, you are agreeing to pay Barpay's "SmartTip". The SmartTip is a guaranteed tip for servers or bartenders and a small service cost. The minimum tip guaranteed to the servers and bartenders is 15%. The guaranteed tip and the service cost amounts are subject to change without notice or warning.
By using the Barpay QR code order and pay system, you are agreeing to pay the convenience fee. The convenience fee is always the lesser of 5% of the gross sales total, or $1.
AGE & OVER SERVICE VERIFICATION
It is the sole responsibility of the Establishment to verify the Barpay User's age. It is also the sole responsibility of the Establishment to ensure that the User is not being over served alcohol. Barpay, nor its affiliates, will not be held liable for any damages arising from underage or over service from the Establishment. If a User has placed an order through the Barpay service, and is underage, or too inebriated to receive the drink, it is the Establishment's responsibility to refuse the service. Users that are underage or too inebriated to order will not receive their order and WILL NOT be refunded.
In the event there is a dispute between the customer (User) and Barpay, Barpay may request to see any video evidence/tapes the Establishment may have recorded. It will be at the discretion of the Establishment to release the recorded video to Barpay.
Users of Barpay's service have access to a feature called "Fast Pass". This feature allows Users to pay a premium to "skip the line" outside of the Establishment. It is the Establishment's responsibility to ensure that Fast Pass Users are the next patrons admitted to the venue. This does not mean that they will be let in immediately. In some cases the door may need to be held if the Establishment is at capacity (fire code). If the door is not being held, then it is the Establishment's responsibility to honor Users that have purchased a Fast Pass by allowing them into the Establishment before customers that did not purchase a Fast Pass or pay a premium to enter.
It is the Establishment's responsibility to check a User's ID (when applicable).
Users are responsible for ensuring they are of age to enter the Establishment, are not too intoxicated, and are following any sort of dress code the Establishment requires. The User will not be issued a refund if they are in violation of anything mentioned above.
IF THE ESTABLISHMENT FAILS TO HONOR A PURCHASED FAST PASS BY NOT ALLOWING THE USER WHO IS OF AGE, NOT INTOXICATED, AND FOLLOWING DRESS CODE TO ENTER THE ESTABLISHMENT, THEN BARPAY MAY SEEK DAMAGES FOR ANY COST INCURRED FOR USER REFUNDS AND ANY SORT OF REPUTATION DAMAGE THAT HAS BEEN CAUSED.
Establishments utilizing Barpay's contactless digital menus understand and agree that this is an experimental service and adequate terms have not been established. Payment processing and subscriptions are handled by Stripe and all matters related to payment processing will be bound by Stripes terms of service. Barpay, LLC and or its affiliates will not be held liable for anything whatsoever arising from use of the digital menu service. Establishment understands that there are paid and free versions of the digital menu service. Barpay and or its affiliates, including 3rd party services like Google Adsense, may display advertisements near or next to your menu. Paid versions of the digital menu are ad free.
When you use any app created by Barpay, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
If the Establishment decides to discontinue the Barpay service at their venue, it is required that they give Barpay a minimum of 14 days notice before doing so. This ensures that Barpay has appropriate time to disable the service for the Establishment and doesn't cause confusion for the Users. Failure to provide written notice 14 days in advance may result in damages sought after by Barpay against the Establishment for any harm caused to Barpay's reputation by the Establishment for not offering the service to the Users.
Parties other than Barpay operate stores, restaurants, bars, provide services, or sell product lines through the Barpay Services. In addition, we may from time to time provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Barpay does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BARPAY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARPAY SERVICES ARE PROVIDED BY BARPAY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BARPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BARPAY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARPAY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BARPAY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARPAY DOES NOT WARRANT THAT THE BARPAY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARPAY SERVICES, BARPAY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BARPAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARPAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BARPAY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BARPAY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Barpay Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you may file a claim online at www.adr.org, or by emailing firstname.lastname@example.org. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Barpay Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Barpay, LLC.
If you have a subpoena to serve on Barpay, please note that Barpay does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Barpay, preferably by mailing the subpoena to the address above.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us by mailing us at the address above.
ADDITIONAL BARPAY SOFTWARE TERMS
Use of the Barpay Software. You may use Barpay Software solely for purposes of enabling you to use and enjoy the Barpay Services as provided by Barpay, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Barpay Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Barpay Software or otherwise assign any rights to the Barpay Software in whole or in part. You may not use the Barpay Software for any illegal purpose. We may cease providing any Barpay Software and we may terminate your right to use any Barpay Software at any time. Your rights to use the Barpay Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Barpay Software that are specifically identified in related documentation may apply to that Barpay Software (or software incorporated with the Barpay Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Barpay Service is the property of Barpay or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Barpay Software, whether in whole or in part, or create any derivative works from or of the Barpay Software.
Updates. In order to keep the Barpay Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.