Terms of Service

These End User Terms of Service (“Terms”) govern your engagement with the applicable business (“Kaizen Hospitality Group, LLC (DBA: Pacific Counter)”) in connection with its offering of certain services and benefits, which may include participation in a customer membership or loyalty club, use of a mobile application, provision of informative materials, benefits, features, events, sales or promotions, all to the extent available from time to time (“Services”). Additional terms or documents may govern the use of specific features or benefits and such specific terms will take precedence over these Terms. Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s End User Privacy Notice explains Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s practices regarding collection, processing and transfer of any personal data. “You” means an individual using the Services.

Please read these Terms carefully. By indicating that you agree or by joining Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s membership club, you assent to these Terms. Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may change these Terms from time to time and by continuing to use the Services following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not use the Services.

If you are registering on behalf of any entity or company, you represent that you are authorized to enter into, and bind such company to these Terms and register for the Services.

1. Services

1.1

Subject to these Terms, Kaizen Hospitality Group, LLC (DBA: Pacific Counter) allows you to access and use the Services on a non-exclusive basis for your own privacy, personal, non-commercial use.

1.2

Use of and access to the Services is void where prohibited by law. You represent and warrant that:

  • All registration information you submit is truthful and accurate.
  • You will maintain the accuracy of such information.
  • Your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party.
  • You shall comply with applicable laws, regulations, and these Terms throughout your use of the Services.

You are solely responsible for ensuring that these Terms comply with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited.

1.3

Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may, at any time and without prior notice, change the scope or availability of the Services, the benefits, content, and functionalities, and may add or remove features.

1.4

Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may use information that you provide to let you know about products and Services that it believes will be of interest to you and will offer you the opportunity to unsubscribe from any such messages. For more information, see the End User Privacy Notice.

2. Termination

2.1

Subject to applicable law, Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may, at any time, at its sole discretion, terminate or suspend the operation of the Services, its components, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice a reasonable time beforehand. You may request termination of your account at any time by sending an email to Kaizen Hospitality Group, LLC (DBA: Pacific Counter) or via means provided through the Services. Upon termination, you must discontinue any use of the Services.

2.2

Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may suspend or terminate your account at any time by providing three (3) days’ prior notice. In addition, Kaizen Hospitality Group, LLC (DBA: Pacific Counter) may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate if it believes that you have abused your rights, violated the letter or spirit of these Terms, or engaged in any behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or to Kaizen Hospitality Group, LLC (DBA: Pacific Counter). If your account is terminated, you may not rejoin without permission.

2.3

To the maximum extent permitted by law, upon termination of the Services or any features provided by the Services, any benefits or rights to benefits which you have earned when using the Services will expire immediately, all at the sole discretion of Kaizen Hospitality Group, LLC (DBA: Pacific Counter). To the extent a mobile application is provided as part of the Services (“App”), removal of the App does not automatically unsubscribe you from Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s customer membership club, for which you should unsubscribe separately.

2.4

Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

3. Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following:

  • Decipher, decompile, disassemble, or reverse-engineer any of the software and/or code used to provide the Services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Use the Services in connection with any personal or commercial endeavors not permitted by these Terms.
  • Use any robot, spider, or other automated device or process to retrieve or index the Services.
  • Use or access another user’s account without permission.
  • Use the Services in any manner not permitted by these Terms or applicable law.

4. Payments and Products

4.1

The Services may include an online or physical store through which you can purchase certain goods or services (“Products”). In order to make purchases through the Services, you will be asked to provide customary billing information such as name, billing address, and credit card information to Kaizen Hospitality Group, LLC (DBA: Pacific Counter) or to Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s third-party payment processor(s).

4.2

Products, offerings, appointments, reservations, bookings, scheduling, dealings, transactions, and interactions that may be available through the Services are customized and handled by Kaizen Hospitality Group, LLC (DBA: Pacific Counter).

5. Customer Loyalty Features Description

Through the Services, you may be offered the ability to participate in certain customer loyalty features, to the extent available from time to time. Kaizen Hospitality Group, LLC (DBA: Pacific Counter) does not guarantee that any of these features will be offered at any time.

5.1 Scratch Cards

Digital scratch cards allow you to click to unveil rewards, discounts, or other benefits (“Benefits”) that are hidden behind virtual scratch panels.

5.2 Point Accumulation Plans

This feature allows you to earn points for each purchase you make in Kaizen Hospitality Group, LLC (DBA: Pacific Counter)’s premises and/or other actions taken by you on the Services.

6. Customer Loyalty Features – Termination; Disclaimer

Subject to applicable law, Customer Loyalty Features on your Services will automatically expire upon any of the following events:

  • Use of the specific feature, including use of Budget or redemption of a Benefit.
  • Upon the expiration date indicated.
  • If you remove the Services from your device.
  • If Kaizen Hospitality Group, LLC (DBA: Pacific Counter) has decided to cancel that feature and/or Benefit for any reason.

7. Intellectual Property

Kaizen Hospitality Group, LLC (DBA: Pacific Counter) or its licensors have all rights, title, and interest in the Services, and any content thereon, including its overall appearance, text, graphics, videos, demos, interfaces, and underlying source files.

8. Disclaimers and Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

9. Limitation of Liability

IN NO EVENT SHALL Kaizen Hospitality Group, LLC (DBA: Pacific Counter), ITS AFFILIATES, OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER.

10. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Kaizen Hospitality Group, LLC (DBA: Pacific Counter) and its affiliates against any damages, losses, liabilities, costs, and expenses.

11. Application Marketplace

The App may be subject to additional third-party terms relating to the marketplace or store from which the App was downloaded.

12. Como

The Services are powered by Como AI Malta Ltd. (“Como”). Como will be considered a beneficiary under these Terms.

13. Governing Law, Jurisdiction

These Terms shall be governed solely by the laws of the country where Kaizen Hospitality Group, LLC (DBA: Pacific Counter) is incorporated.

14. Miscellaneous

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision.

Last updated: November 2024

Never miss out on a deal or happening.