Customer Terms of Service
All of the House Disclosures effective January 15, 2021
Welcome to All of the House or more affectionately known as Taters (dba). We’re grateful you’re here. We hope you enjoy our services and benefit greatly from them.
First Things First
1. Accepting these Terms
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
By using our services you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. you affirm that if you use the services on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not use the services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with All of the House, Inc., or (c) are prohibited from accessing or using this website or any of this website’s contents or services by applicable law.
These All of the House Terms of Service terms and conditions (the “Terms” for short) apply to the use of services (“Services”) through allofthehouse.com, gettaters.com, and their respective subdomains, or its companion mobile application(s) on the Apple iOS and Google’s Android platforms (the “Site“). These Terms are subject to change by All of the House, Inc. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to using the Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. If you don’t agree with the Terms, you may not use our Services and must discontinue use immediately.
2. All of the House Services.
All of the House provides innovative technology to event locations, restaurants, banquet halls and other venues (collectively, “Venue(s)”) to enable your guests (“Guests”) to place food orders and event bookings provided by Venues and facilitate payment to the Venues by the Guests for their purchases. We facilitate purchases with Venues and process Guests payments on behalf of the Venue.
3. Your Privacy
4. Your Account with All of the House
Our relationship. These terms don’t create a partnership, agency, joint venture, franchise relationship, or employment between you and All of the House.
Interactions with your Customers. You agree that your interactions with your customers and any disputes that arise are out of scope for these Terms. We encourage you to attempt to resolve any disputes with your end customers amicably. You release us from any claims, demands, and damages arising out of disputes with other users or parties.
5. Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services subject to these Terms. We reserve the right, in our sole discretion, to restrict further use of the Services by you if we find you to be in violation of any of the below obligations or restrictions. When using the Services:
Don’t Use Our Services to Break the Law. You must not violate applicable international, federal, state or local laws.
Pay your bills. You must pay all associated fees as set forth in these Terms.
Don’t Steal. You must not use any content of the Website without express permission or unless authorized by these Terms.
Don’t harm our Systems. You must not harm our systems or attempt to disrupt our Services, for example by distributing any harmful code or virus.
Share your Ideas. You allow us to use any feedback provided through your use of the Services; any unsolicited feedback or ideas are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, perpetual right and license to publish, use and sell any feedback or any ideas incorporated therein that are provided by you.
Trademark Policy. You must respect proper use of our trademarks, logos and other intellectual property made available to use through use of our Services. The name “All of the House”, “Taters” and other All of the House marks, phrases, logos, and designs that we use in connection with our Services (the All of the House Trademarks), are trademarks, service marks, or trade dress of All of the House in the US.
Don’t Use our System for Inappropriate Purposes. You must not use our Services to transact any lascivious, lewd or indecent purposes or to harass, intimidate or intentionally disrupt the business of another company.
6. Fees, Payment Terms, and Refunds.
All of the House is a payment facilitator that allows you to accept Cards from Guests for the payment of goods and services. We are not a bank and do not offer banking services.
Service Fees. All Service fees and/or discounts, and promotions posted on this Site here: (https://gettaters.com/fees) are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed. Price increases will only apply to Services used after such changes. You are responsible for all taxes associated with the use of the Services. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payments. Terms of payments by Guests are within our sole discretion. We accept all major credit cards from Guests. We will collect the payment from Guests and then will make applicable payments to you after applying applicable Fees as set forth above in Section A. We will make payment to you either weekly, monthly or quarterly depending on your preference as notified to us via email prior to your initial use of the Services. If you do not notify us of your preference by email prior to your initial use of the Services then we will default to making payments on a monthly basis.
Chargebacks and/or Fraud claims. We are not responsible for any chargebacks on credit cards or fraud claims made by Guests. You are responsible for repayment of any chargebacks or fraudulent claims associated with payments by Guests. Fees for Services are non-refundable.
Refunds. Fees for Services performed are non-refundable. Our Services are complete once we have remitted payment to you pursuant to these terms and conditions. We reserve sole discretion to refund any fees for Services.
Not a Party to Payment Transactions. We are not the seller of any products or service offered by Venues. Purchases made through our Services are transactions made between you and the Guest only, not with us or our affiliates.
7. Your Content.
You are Responsible for Your Content. You are allowed to post menus and other content with our Services (“Your Content”). You are responsible for any of Your Content that is posted and you represent and warrant that you have all necessary rights to Your Content and that you’re not infringing any third party’s rights by posting it.
Rights You Grant All of the House. We reserve the right to remove any of Your Content that we find objectionable or that may potentially reflect negatively on our company or the users of our Services and Site or if another user has made a claim of infringement against Your Content then we may remove the content at our sole discretion. By posting Your Content you grant us a license to use. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of any content you post or share with us by any means. This allows us to provide, promote and further develop the Services. You agree not to assert any moral rights or rights of publicity against us for using Your Content. We have no responsibility for maintaining Your Content or backing up Your Content for future use, that is your responsibility.
We reserve the right to terminate the Services if at any time you are not in compliance with this Agreement.
9. No Warranty and Disclaimers.
We are a third-party service provider that matches Guests with your Venues for purposes of placing meal orders, and/or booking, reserving and hosting guests’ events. As such, we do not warrant or guarantee any performance by Guests, their veracity or authenticity or that they will act in a non-fraudulent manner. You are responsible for verifying the legitimacy of the Guests and whether they constitute a legitimate, bona fide purchaser or user of the Venue. The availability of Services through our Site does not indicate an affiliation with or endorsement of the Guest or any representation that the Guest is a legitimate purchaser. Accordingly, we do not provide any warranties with respect to the performance of Guests that use the Services to book or reserve Venues or purchase any products offered by you through our Site.
All Services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
You affirm that we shall not be liable, under any circumstances, for any breach of a Guest using our Site to make purchases or reserve your Venue or otherwise entering into any contract with you.
10. Limitation of Liability.
In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to five hundred US Dollars ($500).
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
11. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction.
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of All of the House.
15. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to All of the House, Inc. Attn: Legal, One Market Plaza, 36th Floor, Spear Tower, San Francisco, CA 94105. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement.