In this Agreement, “Togo” and “we” mean Togo International Limited, and “User” and “you” mean any user of the Services. This Agreement incorporates Togo’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 “Togo Policies”).
By accessing or using the Services or 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 Togo Promotional Code (as defined below) or Venue Promotional Code (as defined below)).
Togo may update or revise this Agreement (including any Togo Polices) 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, your sole recourse is to 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 Togo, any use of the Services (e.g., the use of the Reservation Services or the purchase of an Togo Promotional Code) is subject to the version of this Agreement in effect at the time of use.
Part I – Reservation Services
1. Restaurant Reservations. Togo provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through the Togo Site or Togo Application, Togo directly contacts the Restaurant’s computerised database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the Togo Site or Togo Application, Togo will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.
2. No-Show Policy. Togo 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 patrons, 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 Togo Site or Togo Application or by calling the Restaurant directly. Some Restaurants may require a pre-paymeny to finalise your reservation. In order to use the Reservation Services for these Restaurants, you must provide valid payment with the time period provided, and you may be required to cancel your reservation in accordance with the Restaurant’s individual cancellation policy, which will be disclosed at the time the reservation is made. Togo shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.
3. Togo Loyalty Scheme. User may be able to participate in each venues own Togo’s User rewards program. Participation, management and rewards are at the discretion of the venue
4. Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Restaurants and then honour those reservations by arriving at the Restaurant(s) on time and ordering and paying for meals. User further agrees not to book more than one (1) reservation for User’s personal use during any one meal time (e.g. lunch, dinner, etc.). User may be able to book multiple reservations. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
Part II – Promotional Code Services
5. Purchase of Togo Promotional Codes. You may purchase electronic Promotional Codes promoted by Togo (each, an “Togo Promotional Code”) through the Togo Site and Togo Application When you purchase an Togo Promotional Code, we notify the person you have designated as the recipient of the Togo Promotional Code by email. Unless otherwise required by applicable law, Togo Promotional Codes are non-returnable and non-refundable, except that unredeemed Togo Promotional Codes may be returned within 14 days of purchase for a refund of the purchase price by contacting the venue the code was for directly.
6. Redemption of Togo Promotional Codes. Togo Promotional Codes may only be redeemed through the Togo Site and Togo Application. Togo Promotional Codes are not redeemable for cash. Resale of Togo Promotional Codes is prohibited. The expiration date for each Togo Promotional Code is in the terms and conditions of the Togo Promotional Code.
7. Sharing Promotional Codes. Promo codes are tied to your account and can be found in “My Deals” they can only be transferred to someone else via the “gift” functionality. Not all codes can be gifted.
8. Togo Promotional Code Customer Service. If you have any questions about Togo Promotional Codes, please contact the venue the code is for directly
9. Gifted Promotional Codes. When you purchase a Paid Promotional Code for a venue through Togo and then “Gift” it we will email the person you have designated as the recipient and notify them. Promotional Codes shall be subject to the venues applicable terms and conditions. Unredeemed Paid for Promotional Codes purchased from the venue may be returned within 14 days of purchase for a refund of the purchase price by contacting the venue directly.
10. Venue Responsibility. You agree that the applicable venue, not Togo, is the issuer of the Promotional Codes and is solely responsible for honouring them. The Promotional Codes and that Togo acts only as a seller of the Promotional Codes. Togo provides the Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Promotional Codes. Each applicable venue is solely responsible for the products and/or services provided in connection with the use or redemption of a Venue Promotional Code. You agree that you purchase Promotional Codes at your own risk and shall not hold Togo, any of its affiliates, or any of their respective employees, officers, directors, agents, representatives, or service providers responsible for any act or omission of any venue. Each Venue is responsible for ensuring that it and the Venue Promotional Codes that it issues comply with all applicable laws and regulations.. You further agree that Togo is not responsible for any act or omission of Venue in connection with the any Venue Promotional Code, including, without limitation, any failure by any Venue to honour any Venue Promotional Code or the imposition of any terms and conditions on any Venue Promotional Code that violate any applicable laws or regulations. For any and all issues or questions related to Venue Promotional Codes or any other products or services offered by Venues, you must contact the applicable Venue. Except as set forth in Section 9, you must settle any returns, disputes, and any other issues relating to Venue Promotional Codes directly with the applicable Venue.
11. Payment and Debit and Credit Card Information. You agree to pay the listed purchase price of the Togo Promotional Codes and Venue Promotional Codes, as applicable, that you purchase at the Togo Site and Togo Application (including, without limitation, through an SMS or web browser command originating from your Account). You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by law, you agree that all purchases made by you through the Togo Site or Togo Application cannot be returned or exchanged and are non-refundable, except as expressly provided in this Agreement. To purchase a Togo Promotional Code or a Venue Promotional Code, you must provide valid debit or credit card information, including the card’s CVV number. For your peace of mind and security PAYPAL is the payment gateway and as such any questions or queries regarding refunds or payments shuld be directed to Paypal or The venue directly.
Part III – Terms for All Services
14. Your Account. You may are required to create an account with Togo through the Togo Site or Togo Application (“Account”) in order to use the Reservation Services or to purchase, gift, or redeem (as applicable) Togo Promotional Codes and Venue Promotional Codes. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Togo 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 authorised by you. You agree to immediately notify Togo of any unauthorised use of your Account or any other breach of security related to your use of the Services.
15. Communications from Togo. The Togo Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from Togo regarding the Services. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.
17. Modifications to Services. Togo 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 Togo Site, Togo Application, Restaurants, and/or Venues. Togo 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.
18. 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 “Togo Content”) are provided to User by Togo or its partners or licensors solely to support User’s permitted use of the Services. The Togo Content may be modified from time to time by Togo 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 Togo Content by User shall constitute a material breach of this Agreement. Togo and its partners or licensors retain all rights in the Services and Togo Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Togo or any third party is granted under this Agreement.
19. Application License. Subject to the terms and conditions of this Agreement, Togo grants User a non-exclusive, non-transferable, revocable license to use the Togo Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
20. Use Restrictions. The Services and Togo Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Togo expressly reserves all its rights and remedies under applicable laws. Togo 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 robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Togo Content, except as expressly authorised by Togo; (2) take any action that imposes or may impose (in Togo’s sole determination) an unreasonable or a disproportionately large load on the Services or Togo’s infrastructure; (3) utilise 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 Togo Content to a third party; (5) use any portion of the Services or Togo Content to provide, or incorporate any portion of the Services or Togo 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 Togo); (7) modify any Services or Togo 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 Togo Content; (9) use the Services or Togo Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Togo Content or access or use the Services or Togo Content for competitive analysis or benchmarking purposes.
21. Export Control. You shall not and shall not allow any third-party to remove or export from the United Kingdom or allow the export or re-export of any part of any Togo Application or other aspects of the Services or any direct product thereof in contravention of any technology control or export laws and regulations that apply to the technology used or supported by the Togo Services, including United States export laws and regulations, to any county for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
22. Termination. Togo 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, Togo may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Togo Policies) or, with respect to purchasers of Togo Promotional Codes or Venue Promotional Codes. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and you may lose access to and be unable to use any accumulated dining points. You agree that Togo 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 Togo will have no liability whatsoever.
23. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“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 privacy, 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.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Togo reserves the right (but has no obligation) to monitor, remove, or edit User Content in Togo’s sole discretion, including if User Content violates this Agreement (including any Togo Policies), but you acknowledge that Togo may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Togo a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) 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. Togo takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
24. Your Representations and Indemnity. You confirm 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 Togo 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.
25. Liability Limitations. Except as prohibited by law, in no event shall Togo be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (I) this agreement (II) any use of the Services, the Togo Site or the Togo Content , (III) any failure or delay (including, but not limited to, the use or inability to use any component of the Services or the Togo Site for reservations), or (IV) the performance or non-performance of any restaurant in connection with the Services. In addition, all Users specifically understand and agree that any third party directing Users to the Togo Site by referral, link or any other means is not liable to the User for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the Togo Site or the Togo Content. Togo is neither an agent of nor is connected with any affiliated restaurant in which a User has made a reservation. Togo is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a User’s visit to an affiliated restaurant.
With respect to purchases of Togo Promotional Codes or Venue Promotional Codes, or if the disclaimer of direct damages above is not permitted by law, you expressly agree that our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the greater of the price you paid for your most recent purchase of an Togo Promotional Code or Venue Promotional Code (as applicable) or fifty pounds sterling (£50).
You and Togo understand and agree that the disclaimers, exclusions, and limitations in this Section 25 and in Section 26 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Togo 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.
26. Disclaimer of Warranties. The Services, all Togo Content, and any other information, products, and materials contained in or accessed through the Services, are provided to the User on an “as is” basis and without warranty of any kind. Togo expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of venueability, fitness for a particular purpose, title or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Togo does not warrant that your use of the Services will be uninterrupted or error-free, that Togo 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. Togo shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Togo.
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.
27. Links to Third Party Websites. The Services may contain hypertext links to websites operated by parties other than Togo. Such hypertext links are provided for User’s reference only, and Togo does not control such websites and is not responsible for their content. Togo’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Togo is not liable for any such third-party websites or any content, features, products, or services made available through such third-party websites.
28. Release. Restaurants and Venues are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an Togo Promotional Code or a Venue Promotional Code) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Venue or from any product or service of any Restaurant or Venue.
29. Notify Us of Infringers. If you believe any of the Services violate your rights, please notify our agent in writing. The contact information for our 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 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 authorised by the 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 you are authorised to act on behalf of the owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
30. 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.
31. No 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 so transferred, assigned or delegated by Togo.