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Reserve with Google Additional Terms of Service
Applicable Terms. By using Reserve with Google you agree to be bound by our Google Terms of Service ("Google ToS"), Google's general Privacy Policy and the additional terms below (the "Additional Terms"), all of which together are referred to as the "Terms". Google's provision of the Reserve with Google service as described in these Additional Terms is a "Service" as defined in the Google ToS. By using the Service you agree to the Terms. It is important for you to read each of these documents, as they form a legal agreement between you and Google regarding your use of the Service.
Using the Service. You may use the Service to browse, locate, and reserve a local service (a "Merchant Service") offered by local merchant (each referred to as a "Merchant"). A Merchant Service may also be offered on behalf of a Merchant through a third-party scheduling service (each referred to as a "Scheduler"). Merchants and Schedulers may be referred to as "Service Providers".
Important Disclaimers. GOOGLE DOES NOT PARTICIPATE IN THE PROVISION OF ANY MERCHANT SERVICE, AND DOES NOT REPRESENT OR ENDORSE AND WILL NOT BE RESPONSIBLE FOR: (A) THE RELIABILITY OR PERFORMANCE OF ANY SERVICE PROVIDER; (B) THE SAFETY, QUALITY, ACCURACY, RELIABILITY, INTEGRITY, OR LEGALITY OF ANY MERCHANT SERVICE; OR (C) THE TRUTH OR ACCURACY OF THE DESCRIPTION OF ANY MERCHANT SERVICE, OR OF ANY ADVICE, OPINION, OFFER, PROPOSAL, STATEMENT, DATA OR OTHER INFORMATION PROVIDED BY A SERVICE PROVIDER DISPLAYED, DISTRIBUTED, OR PURCHASED THROUGH THE SERVICE.
GOOGLE DISCLAIMS ALL LIABILITY FOR THE ACTIONS, ERRORS OR OMISSIONS OF SERVICE PROVIDERS.
Verifying Merchant details. Although Google may in some instances attempt to verify certain information provided by Merchants or Schedulers, Google has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Merchant.
Age Restrictions. In order to use the Service you must be 18 years or older and capable of entering into a legally binding agreement. You must not access the Service or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Merchant Service under the laws of the country in which you are resident or from which you access or use the Service.
Privacy. In order to make use of certain Merchant Services, you may be required to provide information about yourself such as your name, address, and billing details to Google. Google's privacy policy explains how we treat your personal data and protect your privacy when using the Service. You agree that any such information you provide to Google will always be accurate, correct and up to date. You agree that Google may share your information with Service Providers or payment processors in accordance with the Terms for purposes of making use of the Merchant Services. You agree that Service Providers may use your information, including sharing with each other, in accordance with the Merchant Service Terms (defined below).
If you have opted into Google Location History, Google may use your location information to provide you with more relevant information and offers relating to Merchant Services.
Merchant Service Terms. In addition to the Terms, each Merchant Service is also subject to (a) additional terms and conditions that may be disclosed to you at the time of your purchase of the Merchant Service; and (b) any terms and conditions or other requirements that may be imposed as a matter of applicable law. If your Merchant Service is reserved through a Scheduler, the Scheduler may also have their own terms and conditions. Your reservation, purchase or use of a Merchant Service constitutes acceptance of the Terms and acceptance of the Merchant's and/or Scheduler's additional terms and conditions and privacy policy (collectively, the "Merchant Service Terms").
Purchasing a Merchant Service. When you reserve a Merchant Service you are committing to purchase that Merchant Service from the Merchant, so please review the Merchant Service description carefully before purchasing it. A Service Provider may change the pricing and availability of a Merchant Service at any time before you purchase it. A Service Provider may also post rescheduling and cancellation policies in the Merchant Service description or Merchant Service Terms that may limit your ability to reschedule or cancel the Merchant Service without penalty.
Merchant Services are provided solely by the participating Merchants and Google is not offering or selling the Merchant Services. Merchant is solely responsible for the terms of all of its Merchant Services and for honouring all purchased Merchant Services that are sold through the Service. Your purchase or use of a Merchant Service constitutes acceptance of the terms and conditions stated on the specific Merchant Service.
You can purchase Merchant Services using Google Payments. If you do not have a Google Payments account, you can set one up here, where you can also find more information about Google Payments. You agree to the Google Payments Terms of Service and Google Payments Privacy Notice when you purchase a Merchant Service using Google Payments. Please ensure that you read those terms carefully before making any purchase.
Google may make available to you various payment processing methods in addition to Google Payments to facilitate the purchase of a Merchant Service. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion and without notice to you.
Once your purchase is complete, Google or Google's payment processor may charge your credit card or other form of payment that you indicate for any Merchant Service ordered, along with any additional applicable amounts (including any Taxes). "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of a Merchant Service, including any related penalties or interest. You agree to pay and are solely responsible for all amounts due for your purchase of a Merchant Service, including Taxes.
Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service. The reporting and payment of any such applicable taxes are your responsibility.
Refunds. The Google Payments (or Service Provider's) terms and conditions regarding refunds apply to your purchase of a Merchant Service. You may have rights under applicable law or under the applicable Merchant's policies to request a partial or full refund of the Merchant Service. Google is not responsible for a Merchant Service's cancellation or refund policies.
Release. You agree to release Google and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Service Provider, advertiser or other third party in connection with the Service. You agree that you will not involve Google in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Service Provider, advertiser or other third party in connection with the Service. If you attempt to do so, (a) you will pay all costs and attorneys' fees of Google and will provide indemnification as set forth below, and (b) the jurisdiction for any such litigation or dispute will be limited as set forth in the Google ToS. However, nothing in these terms will constitute a waiver of any rights, claims or defenses that you may have with respect to a payment transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
Termination. These Additional Terms will continue to apply until terminated by either you or Google as set out in this paragraph. If you want to terminate these Additional Terms, you may do so by ceasing your use of the Service and any purchased Merchant Services. Google may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Additional Terms or other policies Google may establish from time to time. Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, Google has the right to prohibit your access to the Service and to refuse future access to the Service by you. Those provisions that by their nature should survive termination of these Additional Terms will survive any termination of these Additional Terms.