In this Agreement, “Mokanta” and “we” mean the Mokanta Company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Mokanta’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Mokanta Policies”).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Mokanta Gift Card or Merchant Gift Card (as such terms are defined herein)).
Mokanta may update or revise this Agreement (including any Mokanta Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Mokanta, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), or the purchase of Mokanta Gift Card or Merchant Gift Card (each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.
Part I - Reservation Services
1. Restaurant Reservations. Mokanta makes available restaurant reservation services (the “Reservation Services”) through the Mokanta Sites to User for the purpose of assisting User in securing dining reservations. In response to a User’s online request for a Restaurant reservation through the Mokanta Sites, Mokanta contacts the Restaurant’s computerized database of reservations, as applicable. The availability of reservations, estimated wait time or place in line on a waitlist is determined at the time of User’s query and based on information provided to Mokanta by the Restaurant. Once a reservation is made by User through the Mokanta Sites, Mokanta will provide confirmation of the reservation status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services, User agrees to receive reservation confirmations, updates, modifications and/or cancellations by email or other electronic messages.
2. No-Show Policy. Mokanta is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their customers, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the Mokanta Sites.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Mokanta will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether that was in fact the case. Your Account will be suspended if you are a no-show for five reservations within a 12-month period. User agrees that Mokanta will make all final no-show determinations in its sole discretion.
The user agrees that Mokanta is responsible for determining decisions absent from bookings by the guest. Failure to appear in the restaurant on time within 15 minutes more than the time of booking may result in the restaurant having the right to override the restaurant for your reservation.
3. Mokanta Dining Rewards. Depending on your country of residency, you may be able to participate in Mokanta’s rewards program. Where applicable, participation is subject to the Mokanta Dining Rewards Terms and Conditions.
4. Usage Guidelines. User agrees to use the Reservation Services only to book reservations and then honor those reservations by arriving at the Restaurants on time, ordering meals and paying the restaurant bill. The user also agrees not to make more than one reservation for the user's personal use within two hours of any confirmed reservation.
Part II – Payment, Gift Card and Other Services
5. Payment, Gift Card and Other Services. Depending on your country of residency, Mokanta may offer additional Services such as payment services made available by Mokanta through the Mokanta Sites, electronic and physical gift cards and gift certificates issued by Mokanta, electronic gift cards and gift certificates issued by participating third-party restaurants and other services.
Part III – Terms for All Services
7. Your Account. You may create an account with Mokanta through the Mokanta Sites (“Account”) in order to use the Reservation Services or redeem (as applicable) Mokanta Gift Cards and Merchant Gift Cards. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Mokanta registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Mokanta of any unauthorized use of your Account or any other breach of security related to your use of the Services.
10. Modifications to Services. Mokanta reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Mokanta Sites, Restaurants, and/or Merchants. Mokanta shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
11. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Mokanta Content”) are provided to User by Mokanta or its partners or licensors solely to support User’s permitted use of the Services. The Mokanta Content may be modified from time to time by Mokanta in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Mokanta Content by User shall constitute a material breach of this Agreement. Mokanta and its partners or licensors retain all rights in the Services and Mokanta Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Mokanta or any third party is granted under this Agreement.
12. Application License. Subject to the terms and conditions of this Agreement, Mokanta grants User a non-exclusive, non-transferable, revocable license to use the Mokanta mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
13. Use Restrictions. The Services and Mokanta Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Mokanta expressly reserves all its rights and remedies under applicable laws. Mokanta reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Mokanta Content, except as expressly authorized by Mokanta; (2) take any action that imposes or may impose (in Mokanta’s sole determination) an unreasonable or a disproportionately large load on the Services or Mokanta’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Mokanta Content to a third party; (5) use any portion of the Services or Mokanta Content to provide, or incorporate any portion of the Services or Mokanta Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Mokanta); (7) modify any Services or Mokanta Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Mokanta Content; (9) use the Services or Mokanta Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Mokanta Content or access or use the Services or Mokanta Content for competitive analysis or benchmarking purposes. Mokanta reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
14. Termination. Mokanta may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Mokanta may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Mokanta Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points as described in the Mokanta Dining Rewards Terms and Conditions. You agree that Mokanta shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Mokanta will have no liability whatsoever.
15. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to Mokanta may be displayed publicly with such User Content. Mokanta reserves the right (but has no obligation) to monitor, remove, or edit User Content in Mokanta’s sole discretion, including if User Content violates this Agreement (including any Mokanta Policies), but you acknowledge that Mokanta may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Mokanta a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Mokanta. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Mokanta takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
16. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Mokanta and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Mokanta’s request) defend Mokanta, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Mokanta Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
17. Liability Limitations. Except as expressly specified herein, in no event shall the Mokanta parties be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this agreement (including any changes thereto), (2) any use of the Mokanta sites, services, the Mokanta content, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the services), or (4) your visit to any restaurant or the performance, non-performance, conduct, or policies of any restaurant or merchant in connection with the services. In addition, you specifically understand and agree that any third party directing you to the Mokanta site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the services or the Mokanta content. Mokanta neither is an agent of nor otherwise associated with any restaurant for which a user has made a reservation, claimed an offer or promotion, or paid a bill using the payment services or any merchant that issues a merchant gift card.
You and Mokanta understand and agree that the disclaimers, exclusions, and limitations in this Section 16 and in Section 17 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Mokanta would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
18. Disclaimer of Warranties. You understand that use of the services is at your own risk and Mokanta cannot guarantee that the services will be uninterrupted or error-free. The services, all Mokanta content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “as is” basis and without warranty of any kind. Mokanta expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Mokanta does not warrant that your use of the services will be uninterrupted or error-free, that Mokanta will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Mokanta shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Mokanta.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
19. Third-Party Websites, Applications and Services. The Services may contain hypertext links to websites and applications operated by parties other than Mokanta. Such hypertext links are provided for User’s reference only, and Mokanta does not control such websites and is not responsible for their content. Mokanta’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Mokanta assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein.
20. Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you or, interaction with your visit to any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the Mokanta Parties from any and all such Claims.
21. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) Provide your physical or electronic signature;
(b) Identify the copyrighted work that you believe is being infringed;
(c) Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) Provide us with a way to contact you, such as your address, telephone number, or email;
(e) Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
22. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
23. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Mokanta.
24. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.