Concierge Agreement
Effective Date: October 15, 2024
These Concierge Terms (“Concierge Terms”), along with our Terms of Use or other legal terms referenced herein or therein, apply to you if you act as a concierge and use the Services to make Bookings on behalf of Guests. These Concierge Terms are incorporated by reference into our Terms of Use. Any capitalized terms (or lowercase terms specifically defined in our Terms of Use or Privacy Policy) not defined in these Concierge Terms shall have the meanings set forth in our Terms of Use and/or Privacy Policy. Except as otherwise expressly set forth in these Concierge Terms, in the event of a conflict or inconsistency, our Terms of Use shall govern, followed by these Concierge Terms.
1. Concierge Services
Concierge may use the Services to make Bookings on behalf of Guests subject to these Concierge Terms and our Terms of Use (including, without limitation, Section 8.4 thereof). Concierge is solely responsible for ensuring that all Guest information (including information of a Guest's partner or other dining companions) which Concierge provides to Tock (the “Guest Data”) is accurate, current and complete. Concierge agrees that it will not make any Booking on behalf of any Guest unless Concierge: (a) communicates to the Guest: (i) that if Concierge proceeds, the Guest Data will be provided to Tock and be subject to our Privacy Policy; (ii) with respect to any Paid Booking, the amount of any deposit or prepayment required by the Merchant; and (iii) with respect to each Booking, the applicable Merchant's cancellation policy; and (b) has received prior verbal or written consent from the Guest: (i) to provide Tock with the Guest Data; (ii) to make the Booking for the applicable time and number of covers (including, if applicable, to proceed with any deposit or prepayment). Concierge acknowledges and understands that it must use its own credit card to make a Paid Booking on behalf of a Guest, unless Concierge and Guest are party to a separate agreement in which Guest grants Concierge permission to use Guest's credit card. Concierge agrees that it will not make a Booking for a Guest that includes the service or delivery of alcohol unless the Guest has confirmed that it is above the minimum legal drinking age of the applicable jurisdiction at the time of the Booking.
2. Chargebacks and Refunds
Concierge agrees that it will not request chargebacks or other transaction reversals for Paid Bookings made with Concierge's credit card, including but not limited to refunds, in violation of a Merchant's General Merchant Terms or Specific Merchant Booking Terms. Concierge agrees to cooperate with Tock if any Guest requests a chargeback or refund in violation of a Merchant's General Merchant Terms or Specific Merchant Booking Terms for a Paid Booking made using a Guest's credit card. Concierge acknowledges and understands that it will be responsible for any chargeback, refund, and any related fees and expenses incurred by Tock in connection therewith (“Transaction Reversal Fees”) if a Guest alleges: (a) it did not give Concierge permission to provide Tock with the Guest Data or make the Paid Booking or (b) Concierge did not communicate to the Guest, or the Guest did not provide verbal or written consent to Concierge, as described in Section 1. Tock may, in its sole discretion: (i) require a credit card payment from Concierge in the amount of any chargeback, refund, or Transaction Reversal Fee; or (b) invoice Concierge for the amount of any chargeback, refund, or Transaction Reversal Fee.
3. Termination
Tock reserves the right to terminate these Concierge Terms or refuse access to the Services to you at any time for any reason.
4. Privacy Policy
Concierge acknowledges and agrees that its provision of Guest Data is subject to Tock's Privacy Policy.
5. Disclaimer
You acknowledge and agree that to the fullest extent permitted by applicable law, the Tock Parties make no warranties, express or implied, about use of the Services to make Bookings on behalf of Guests, including without limitation any express or implied warranty of merchantability or fitness for a particular purpose.
6. Modifications to the Concierge Terms
We may modify these Concierge Terms from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Use. By continuing to use or access the Services to make Bookings on behalf of Guests after any modifications come into effect, you agree to be bound by the modified Concierge Terms. If you disagree with our changes, then you must stop using the Services.