Terms and Conditions

1. Overview

1.1 These terms and conditions alongside any other documents referred to in this document outline the terms under which you may use our website https://www.makearezzy.com. This extends to the usage of any other website sharing the same second-level domain name (makearezzy) managed by us (Make a Rezzy). This includes any subdomains of the aforementioned websites.

1.2 This document will also outline the services we provide to you and the terms under which we provide those services.

1.3 Please read these terms and conditions carefully and ensure you fully understand them before using Our Website. By using Our Website you are agreeing with the terms and conditions outlined in this document as well as any other documents referred to by this document. If you do not agree with any part of the terms and conditions exit Our Website immediately.

2. Definitions and Terminology

2.1 In these terms and conditions, the following expressions have the following definitions:

• We/Us/Our - Refers to Make a Rezzy Ltd, a company registered in England and Wales under company number 16048393, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
• The/Our Website - Refers to the website https://www.makearezzy.com and any other website sharing the same second-level domain name (makearezzy) managed by us (Make a Rezzy). This includes any subdomains of the aforementioned websites.
• You/Your - Refers to the user of Our Website
• Cover/Pax - Refers to a single guest/person
• Business - Refers to a third-party business listed on Our Website
• Business Customer/Guest - Refers to a potential customer of a Business listed on Our Website
• Business Account - Refers to the area of Our Website, management app and booking widget used to manage a Business
• Guest Data - Refers to personal data about a Business' guests and staff held in its Business Account, as further defined in the Data Processing Agreement
• Data Processing Agreement - Refers to Our Data Processing Agreement
• Data Protection Law - Refers to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and any other law relating to personal data that applies
• API - Refers to Our application programming interface, through which another system can check a Business' availability and create, read, change and cancel its bookings as well as read and write guest data, depending on the permissions the Business has given it
• API Client - Refers to a system or integration that a Business has authorised in its Business Account to use the API
• API Key - Refers to a secret credential issued to an API Client from a Business Account, which carries the permissions the Business has chosen for it
• Key Holder - Refers to any person or organisation, other than Us, that holds or uses an API Key

3. Accessing our Website

3.1 Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend Our Website at any time without any notice. We may also

3.2 We reserve the right to take down Our Website at any time without any notice. We are not liable in any way if Our Website or any part of our Website is unavailable.

3.3 You are free to browse Our Website but you are not permitted to scrape data from Our Website whether it be manually or via a computer program/script.

3.4 We may suspend access to a Business listed on Our Website at any time without any notice. We are not liable in any way if a Business listed on Our Website is unavailable.

4. The Services We Provide

4.1 We provide a service to Businesses to allow them to list their services on Our Website. We also provide a service to Business Customers to allow them to search for Businesses and services on Our Website.

4.2 We do not verify the accuracy of any information provided by Businesses on Our Website, nor that which is provided by Guests. We are not liable in any way for any information provided by either party.

4.3 We are not liable for any damages or losses, including but not limited to direct, indirect, incidental, special, or consequential damages, that may result from the use of our platform. By using our platform, you agree to indemnify and hold Make a Rezzy harmless from any and all claims, damages, and expenses that may arise from your use of our platform.

4.4 We are a third-party service provider that facilitates the booking of reservations between Businesses and Guests. We are not responsible for the actions or omissions of Guests or Businesses, including but not limited to the quality of the food, service, or any other aspect of the dining experience.

4.5 Although We do have reviews on Our Website we do not verify the authenticity of the reviews. We are not liable for any reviews on Our Website and do not guarantee the accuracy of any reviews on Our Website.

4.6 Any disputes between Businesses and Guests must be resolved between the two parties. We are not liable in any way for any disputes between Businesses and Business Customers. If you have a dispute with a Business or Business Customer you must contact them directly.

4.7 We do not handle any payments/refunds between Businesses and Business Customers. We are not liable in any way for any payments/refunds between Businesses and Business Customers. If you have a dispute with a Business or Business Customer you must contact them directly.

5. Data Protection

5.1 All personal data that We process is processed in accordance with Data Protection Law.

5.2 Further information on what We collect, process and store, and on whether We or a Business is responsible for it, can be found in our Privacy Policy and Cookies Policy.

5.3 Each Business is the controller of its Guest Data and We process Guest Data on the Business' behalf as its processor. The Data Processing Agreement forms part of these terms and conditions and applies to that processing.

5.4 We may create aggregated and anonymised information from data across Our platform, including Guest Data, which does not identify any Business, guest or other individual. We may use that information to operate, improve and promote Our services, including the advertising described in section 7. Each Business authorises Us to create and use that information.

5.5 Each Business is responsible for having a lawful basis for the Guest Data it collects, imports or asks Us to process, for providing its guests with the privacy information required by Data Protection Law, and for ensuring it has the consent required before sending marketing to its guests.

5.6 A Business can export its guest list at any time from its Business Account. When a Business Account is closed, Guest Data is deleted as set out in the Data Processing Agreement.

5.7 We record how each booking came about, such as the page it was made on, the website that referred the guest and any campaign link the guest followed, and report it to the Business. Where a guest has declined cookies, We record only what is in the address of the page the guest books on and the referring website, do not identify the guest across visits and do not share the booking with advertising platforms. This is described in Our Privacy Policy and Cookies Policy. Where a Business takes bookings on its own website, the Business is responsible for describing this in the privacy information it gives its guests.

6. Making Payments to Us

6.1 We do not charge Guests a fee for using Our Website. We do charge Businesses to facilitate the booking of reservations through Our Website.

6.2 The fee is calculated based on the number of Covers booked through Our Website. The fee is calculated as follows: £1 per Cover booked through Our Website.

6.3 Businesses will receive an invoice at the end of each month for the previous month. The invoice will be sent to the email address provided by the Business when they signed up to Our Website.

6.4 Businesses are required to pay the invoice within 14 days of the date of the invoice. If the invoice is not paid within 14 days of the date of the invoice, We reserve the right to suspend the Business' account until the invoice is paid. We may also seek to recover any outstanding fees through the courts.

6.5 Businesses are required to provide a valid credit or debit card to make payments to Us. We do not store any credit or debit card details. Payments are processed via Stripe.

6.6 All prices, fees and budgets shown on Our Website are exclusive of VAT. VAT is added at the prevailing rate where applicable and shown on the invoice.

7. Marketing and Advertising Services

7.1 Where a Business opts in to Our advertising services, the Business authorises Us to create, publish and manage advertising promoting the Business on third-party advertising platforms (including Google and Meta), with Us as the paying advertiser and the Business identified as the beneficiary of the advertising where the platform requires it.

7.2 The Business appoints Us as its agent solely for the purpose of operating such advertising, including the use of third-party advertising platform business tools on the Business' behalf, and warrants that it holds the rights necessary for the content it provides (names, logos, menus, photography) to be used in such advertising.

7.3 Advertising runs on Our advertising accounts. Audience data, campaign structures and performance history created in those accounts remain Ours. This does not include Guest Data, which remains the Business'. Reporting on bookings attributed to the advertising is provided to the Business for its own use.

7.4 We may use aggregated and anonymised information, as described in section 5.4 (for example, the booking patterns of similar Businesses), to improve the targeting and performance of the Business' advertising.

7.5 Advertising budgets, fees and billing are as agreed per campaign through Our platform. The budget and the fees that apply to it are shown to the Business when the campaign is created, and the Business agrees to them by creating the campaign. We pause advertising before the agreed budget is reached and will not knowingly exceed it without the Business' consent. Advertising platforms report spend with a delay, so actual spend may exceed the agreed budget by a small margin.

7.6 We charge a commission calculated as a fixed percentage of the campaign budget. The commission is charged in addition to that budget and is not taken out of it, so the total charged to the Business is the campaign budget plus the commission. The commission rate and the resulting amount are shown to the Business at the point the campaign is created.

7.7 Either party may pause or end the advertising services at any time on written notice. Spend already committed to third-party advertising platforms is not refundable.

7.8 We give no guarantee of advertising results. Bookings attributed to advertising are reported on a reasonable-efforts, first-party measurement basis. Where a Key Holder supplies the information about how a booking came about, as described in section 9.11, We report it as supplied and do not verify it.

8. Changes to the Terms and Conditions

8.1 We may update these terms and conditions and the Data Processing Agreement from time to time. The date at the top of each document shows when it was last updated.

8.2 Where a change materially affects Businesses, including changes to fees, liability or how We process Guest Data, We will give Businesses at least 30 days' notice by email before the change takes effect. We may ask a Business to accept the change in its Business Account. A Business that does not agree to the change may stop using Our services before it takes effect.

8.3 Other changes, such as corrections, clarifications or changes required by law, take effect when they are published on Our Website.

8.4 Changes to Our Sub-processors follow the notice process in the Data Processing Agreement.

8.5 By continuing to use our platform after a change takes effect, you agree to be bound by the updated terms.

9. API Access

9.1 A Business may give another system access to its Business Account through the API by creating an API Client and issuing it an API Key. Only an owner or administrator of the Business Account can do this.

9.2 Each API Key carries the permissions the Business selects when it issues the key. Depending on those permissions, a Key Holder may be able to read the Business' details, availability and bookings, create, change and cancel bookings, and read Guest Data such as guests' names, contact details and special requests.

9.3 By issuing an API Key, the Business authorises the Key Holder to access and use its Business Account, including Guest Data, within those permissions, and instructs Us to act on requests made with that API Key as if the Business had made them itself. We record who issued each API Key, when it was issued and the permissions it carries.

9.4 The Business is responsible for:

• deciding who it issues an API Key to and which permissions the key carries;
• everything done with its API Keys until they are revoked, whether or not the Business intended it;
• how each Key Holder uses, stores and protects the data it obtains through the API;
• having its own agreement with each Key Holder that meets the requirements of Data Protection Law, and telling its guests about the sharing where the law requires it;
• what each Key Holder tells Us about how a booking came about, and any consent a Key Holder tells Us a guest has given, as described in section 9.11;
• making sure each Key Holder is aware of, and complies with, section 10.

9.5 An API Key is shown once, when it is issued. We do not keep a readable copy and cannot recover it. The Business must keep its API Keys secret, share each one only with the Key Holder it is meant for, and revoke a key promptly if it may have been disclosed or is no longer needed. A Business can revoke an API Key or an API Client at any time from its Business Account. Revoking an API Client revokes all of its keys. We keep a record of revoked API Clients and API Keys.

9.6 A booking made through the API is treated in the same way as a booking made by a Guest on Our Website. It is subject to the Business' availability and to any deposit the Business requires, and the fees in section 6 apply to the Covers booked. Cancelling a booking through the API does not refund any payment. Refunds remain a matter between the Business and the Guest, as set out in section 4.7.

9.7 We limit how many requests can be made with a Business' API Keys. The limit is published in Our API reference and is currently 120 requests per minute for each API Client. We may change the limit by updating the API reference.

9.8 We may suspend or revoke an API Key or an API Client at any time, without notice, where We reasonably believe that it has been disclosed or misused, that it is being used in breach of these terms and conditions or the law, that it puts the security or availability of Our platform or another Business' data at risk, or that it repeatedly exceeds the limits in section 9.7. We will tell the Business as soon as reasonably practicable unless the law prevents Us.

9.9 Key Holders are not Our agents, subcontractors or Sub-processors, and We do not vet them. We are not responsible or liable for a Key Holder's systems, acts or omissions, for what a Key Holder does with data it obtains through the API, for bookings a Key Holder creates, changes or cancels, or for any loss that results from an API Key being disclosed by the Business or a Key Holder. The Business agrees to indemnify Us against claims, losses and costs that arise from its Key Holders' use of the API. Nothing in this section limits liability that cannot be limited by law.

9.10 The API is provided “as is” and on an “as available” basis, as described in section 3.

9.11 A Key Holder may tell Us how a booking it makes came about, for example the website or campaign that led to it. We record this against the booking and show it in the Business' reports as supplied. We do not verify it, and We may shorten it, change its format or discard it without telling the Key Holder or the Business; doing so does not affect the booking. Where a Key Holder tells Us that the guest has agreed to their booking being used to measure advertising, and supplies an advertising click identifier, We may rely on that statement to share the booking with the advertising platform concerned, as We do for bookings made on Our Website by guests who have accepted cookies.

10. API Terms of Use

10.1 This section applies to every Key Holder. By using an API Key, the Key Holder agrees to it. Where the Key Holder is a separate organisation from the Business, the Business must bring this section to the Key Holder's attention before giving it an API Key.

10.2 A Key Holder must:

• keep each API Key secret, store it securely, and never place it in a web page, a mobile app, a public code repository or anywhere else it could be read by someone who does not need it;
• use the API, and any data obtained through it, only to provide its service to the Business that issued the API Key, and only as that Business instructs;
• comply with Data Protection Law;
• stay within the limits published in Our API reference;
• delete the data it obtained through the API when the Business asks it to, and when its API Key is revoked, unless the law requires it to keep that data;
• tell the Business and Us, at support@makearezzy.com, without undue delay and in any event within 24 hours, if an API Key or data obtained through the API has or may have been disclosed to, or accessed by, someone who is not authorised.

10.3 A Key Holder must not:

• use Guest Data to send marketing to guests, for itself or anyone else, unless the Business has instructed it to and the guest has given the consent the law requires;
• sell, rent or share data obtained through the API with anyone other than the Business;
• combine data obtained through the API with other data to build profiles of guests;
• try to reach data belonging to another Business, or data outside the permissions its API Key carries;
• probe, overload or disrupt the API, or try to get around its limits or security.

10.4 A Key Holder must only send Us information, including guests' details and information about how a booking came about, that is accurate and that it is entitled to share with the Business and with Us.

10.5 A Key Holder must only tell Us that a guest has agreed to their booking being used to measure advertising where the guest has given a consent that meets Data Protection Law and covers sharing the booking with advertising platforms such as Google and Meta. The Key Holder must keep a record of that consent and give it to the Business or to Us on request. A Key Holder must only send an advertising click identifier together with such a statement, and must not put a guest's name, contact details or anything else that identifies the guest in the information about how a booking came about.

10.6 We may suspend or revoke an API Key as set out in section 9.8. We are not liable to a Key Holder for the suspension or revocation of an API Key, or for the API changing or being unavailable.