Reservation Diner Terms

Last updated: December 31, 2022

1. Introduction

These Terms of Service (as updated from time to time, Terms) between you and BentoBox CMS, Inc. (together with its affiliates, BentoBox, we, us, or our) govern your access and use of our Reservations & Waitlist platform (the Platform). You agree to be bound by these Terms and our Privacy Policy (currently located at http://www.getbento.com/privacy/). If you do not agree to these Terms, you may not use the Platform.

2. Reservations

You may request a reservation (a Reservation) with our restaurant clients who offer dining reservations via the Platform (each, a Restaurant). By submitting a Reservation request, you agree to receive communications about the Reservation via email, text, or other means of communication. If the Restaurant, in its sole discretion, accepts a Reservation, the restaurant will send confirmation to you. Reservations accepted by the Restaurant are Confirmed Reservations.

You may not submit more than one Reservation request for the same scheduled time at a Restaurant.

3. Payment

Certain Restaurants may require you to provide your payment information ahead of time, including where the Restaurant charges a cancellation or no-show fee or the Restaurant otherwise requires a credit or debit card on file in order to make a Reservation. These requirements will be specified on the reservation page for that Restaurant. When you make a Reservation with a Restaurant that requires payment and/or payment information ahead of time, we will ask you to provide us with information for a credit or debit card. By submitting your payment information through the Platform, you give BentoBox the right to share your payment information securely with a payment processor (the “Payment Processor”) to process payments in connection with your Reservation. We are not responsible for errors made by the Payment Processor. By making a Reservation, you agree to pay, through the Payment Processor, any fees in accordance with the applicable payment terms and you authorize the Restaurant, through the Payment Processor, to charge your chosen method of payment (your “Payment Method”).

4. Modifying or Canceling Reservations; Late Arrivals

Any request for modification of a Confirmed Reservation will be subject to the Restaurant’s acceptance. You may modify or cancel Confirmed Reservations not less than 30 minutes before the scheduled Reservation time.

The Restaurant may cancel your Confirmed Reservation if you arrive at the Restaurant location after the scheduled time of the Confirmed Reservation. BentoBox will not be liable for such cancellations.

5. Personal Information

While using the Platform, you agree to provide accurate, complete, and current information about you, as may be requested by the Restaurant or BentoBox. You permit BentoBox to share such information with the Restaurant in accordance with its Privacy Policy. BentoBox shall in no manner be liable for any use of your information by any Restaurant for any purpose.

6. Indemnification; Limitation of Liability

You agree to defend, indemnify, and hold BentoBox, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms; (ii) your use of the Platform in violation of these Terms; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

BentoBox will not be liable for any disputes arising out of or related to the Restaurant, Reservations, or Confirmed Reservations.

BENTOBOX WILL NOT BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED THEY WERE POSSIBLE. ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM SHALL BE LIMITED TO $100.