Terms and Conditions - Users

Last modified: June 8, 2023

Thank you for your interest in the Turno application for your mobile device (the "App”, “Turno app” or “Turno application”) provided to you by Appadia Inc. ("Appadia", “Turno”, "us" or "we"), and our web site at restoturno.com (the "Site"), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Use is displayed (collectively, together with the App and Site, our "Platform"). These Terms of Use (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and Appadia. In order to use the Platform you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

This Terms of Service tells you the terms which apply when you order any products or table reservations from our Partner establishments (“Partner Establishment” or “Partner”) directly with the establishment, website or telephone. These products (“Order”) are to be collected or services (“Table reservation” or “Waiting list”) to be used by you from/in the relevant establishment.

Please read these Terms carefully before using Turno application. If you have any questions relating to these Terms please contact support@www.restoturno.com before you use this app. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them.

1. Information About Us

Turno is operated by Appadia Inc, a company incorporated and registered in 100 Mill Pond Plantation Way, Warner Robins GA 31088. You may contact us at support@www.restoturno.com.

2. Purpose

Turno App provides a platform for customers to place orders at participating restaurants either for pick-up or dine-in to avoid queues. The App also allows customers to reserve tables or join waiting lists at participating restaurants. The purpose of the App is to facilitate a seamless ordering and dining experience.

3. Your Account

You can make an optional registration in our Turno App. For this we will need your full name, phone number and email address. However, this is not mandatory in order to use the app, as you can also access the app through a Guest User, in which you are only required to put the phone number and name of the person placing the order. If another person uses your Shift app, you will be responsible for any damage this may cause them and we are not responsible for any other losses you suffer.

You may close your account at any time by emailing us at support@www.restoturno.com.

4. Order

When placing an order through the Turno App, you agree to provide accurate information, including the desired items, quantities, and any specific requirements or preferences. We are not responsible for any discrepancies or errors in the order caused by inaccurate or incomplete information provided by the customer. The availability of menu items is subject to the participating restaurants' inventory.

5. Table Reservation or Waiting List

Turno App allows customers to reserve tables or join waiting lists at participating restaurants. While we strive to provide accurate wait times and table availability, these are estimates and may vary based on the actual demand at the restaurant. We do not guarantee immediate seating or reservation availability.

6. Age-restricted Products or Services

Certain products or services available through the Turno App may be age-restricted, such as alcoholic beverages. By using the app, you confirm that you are of legal age to purchase such products or services in your jurisdiction. We reserve the right to request age verification before completing an order.

7. Cancellation

You may cancel an order or reservation through Turno App, subject to the cancellation policy of the participating restaurant. Cancellation policies may vary, and some orders or reservations may be non-refundable. We recommend reviewing the specific cancellation policy associated with your order or reservation.

8. Prices, Payment and Offers

Prices displayed in Turno App are determined by the participating restaurants and are subject to change without notice. Payment for orders or reservations must be made through the App using the available payment methods. We do not store credit card information and use secure payment gateways. Any offers or discounts provided by participating restaurants are subject to their terms and conditions.

9. Our Responsibility for Loss or Damage That You Suffer

We are not responsible to you for any loss or damage that you suffer when dealing with the Partner Establishment. The contract you celebrate is entirely between you and Partner Establishment, us being only the notifier of the product or service delivery. 

Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure or a failure in our Application.

10. Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here.

11. Other Terms

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. These Terms are governed by Delaware State law and you can bring legal proceedings in relation to our Service in the Delaware State courts. If you are using our Service in the European Union, we are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

12. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Turno on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Turno, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Turno by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against Turno.

 

(a) Agreement to Binding Arbitration Between You and Turno.

Except as expressly provided below in Section 2(b), you and Turno agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with Turno, will be settled by binding arbitration between you and Turno, and not in a court of law. This Agreement survives after your relationship with Turno ends.

You acknowledge and agree that you and Turno are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.

 

(b) Exceptions to Arbitration.

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against Turno. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against Turno and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, Turno agrees to honor your election.

The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.

 

(c) Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and Turno agree that the arbitrator will decide that issue.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

 

(d) Process.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Turno each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to Turno must be sent to Appadia Inc, Attn: Turno Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.

Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against Turno must send the written Demand for Arbitration to Appadia Inc, Attn: Turno Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA's National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.


(e) Location and Procedure.

Unless you and Turno otherwise agree, the arbitration will be conducted in the state of Delaware. 

 

(h) Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction (section 11) and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

(f) Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you may seek an award of attorneys' fees and expenses to the extent permitted under applicable law. Turno will not seek, and hereby waives all rights Turno may have under applicable law to recover attorneys' fees and expenses if Turno prevails in arbitration.

 

(g) Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

(h) Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction (section 11) and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.