Terms of Service

Guest Checks

When a restaurant guest looks up a specific check on Up 'n go, they will see the restaurant’s pricing for that check. Up 'n go collects mobile payments on behalf of restaurants.

Payments collected from guests on behalf of restaurants fall into one of two categories, which we call Traditional Payments and Advanced Payments.

Traditional Payments

Traditional payments are made when a restaurant guest provides their credit card number directly via an Up 'n go page to pay a restaurant check. In these cases, the customer’s credit card number, expiration date, and their zip code are encrypted and passed directly to the restaurant’s credit card processing system.

These payments are processed by the restaurant’s credit card processor exactly as if the credit card information was given directly to the restaurant. Up 'n go does not retain these credit card numbers.

Advanced Payments

Advanced payments are made when a restaurant guest provides payment via a tokenized payment service such as Apple Pay, Google Pay, Venmo, or PayPal. In these cases, the guest verifies their identity, often via the use of biometrics and/or one or more passwords with the tokenized payment service, and then that service provides us with a token that we sent to a processor to receive payment.

Once Up 'n go receives payment, we subsequently issue payment directly to the restaurant using a proprietary channel that persists between Up 'n go and the restaurant. This channel exposes none of the guest’s payment information to the restaurant – That’s to say that neither a guest’s credit card number, or even a token that represents it, is ever shared with the restaurant.

Refund and Cancellation Policy

Refunds and cancellations are made at the discretion of the restaurant whose check the guest paid via Up 'n go. If a restaurant guest paid via Up 'n go and wants to request a refund or cancellation, they must contact the restaurant directly to request the refund or cancellation.

Restaurants have the sole authority to issue refunds and cancellations for payments made via Up 'n go.

Refunds of Traditional Payments

If a Traditional Payment was collected from the guest, then the restaurant can process a refund or cancellation for the guest using the restaurant’s point of sale system and no intervention is required from Up 'n go.

Since only the restaurant and its payment systems retain payment information from a Traditional Payment and not Up 'n go, only the restaurant has the capability to issue a refund or cancelation to the guest for this type of transaction.

Refunds of Advanced Payments

If an Advanced Payment was collected from a guest, then the guest must still request the refund or cancellation from the restaurant. The restaurant will subsequently identify the transaction that needs be refunded or canceled, relay that information to Up 'n go, and then Up 'n go will facilitate the refund to the guest.

No Refund or Cancellation Fees

Up 'n go does not impose fees upon restaurant guests when a refund or cancellation of any payment type is processed.

Payment Authorizations

Greater Amounts

When you make a payment via Up 'n go, you are authorizing Up 'n go and/or its restaurant partner to charge your card or other payment source for any amount up to the full amount of the check plus a reasonable tip at the discretion of the restaurant and/or Up 'n go. In other words, if you make a payment of $50 on a check totaling $5 thus leaving a $5 balance, by using our service, you give Up 'n go and/or the restaurant the authorization to charge your payment source (subsequently authorize and settle) for the remaining $5 plus any applicable tip.

Lesser Amounts

When you make a payment via Up 'n go, you are authorizing Up 'n go and/or its restaurant partner to charge your card or other payment source for any amount up to the full amount of the check, which may also mean that we may charge you (settle with your payment method) for a lesser amount than the amount you authorized.

PCI-DSS

Upngo, Inc. agrees to comply with the applicable Payment Card Industry Data Security Standard (“PCI DSS”). Upngo, Inc. acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Upngo, Inc. could impact the security of the cardholder data environment, as described in the Upngo, Inc. / Merchant PCI Responsibility Matrix.

Anti-Bribery, Corruption, and Fraud Policy

Upngo, Inc. is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure all forms of bribery, corruption, and fraud are prevented. Upngo, Inc. has zero tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships we build with our employees. Upngo, Inc. will constantly uphold all laws relating to anti-bribery and corruption.

To whom does this policy apply?

This policy applies to all employees, managers, and owners of Upngo, Inc., including temporary or contract employees. Employees must ensure that they do not become involved in any way in the payment of bribes. This policy sets out the minimum standards to which all employees of Upngo, Inc. must adhere at all times.

Definitions

Bribery can be described as: giving or receiving anything from any person (usually money, a gift, loan, reward, favor, commission or entertainment), as an improper inducement or reward for obtaining business, employment or any other benefit. Bribes can therefore include, but are not limited to:

gifts and excessive or inappropriate entertainment, hospitality, travel and accommodation expenses;

payments, whether by employees or business partners such as recruiters, labour service providers or consultants; and

other 'favors' provided to supervisors, such as making unwanted advances, payments or promises.

Company Commitment

All employees of Upngo, Inc. must adhere to the company ethos of no bribery and no corruption. No employee or manager will be allowed to take part or become involved in any form of bribery, corrupt behavior, or fraud, including the following:

- Offer, pay, or give anything of value to any person through which one will unethically gain something in return which is not provided for in terms of their employment contract.

- Attempt to mislead or induce any person to do something illegal or which goes against the company policy.

- Mislead or intentionally lie to any person to gain an advantage above and beyond their employment agreement.

- Violate any rules by shifting blame or responsibility onto another employee/person.

- Fraudulent practices against the company ethos or legislation.

Upngo, Inc. is committed to remove and combat any inappropriate behavior immediately and will not tolerate such behavior from employees, managers, or customers/clients in any way or form. This policy hereby binds the company to its commitment to regularly discuss and mitigate factors related to any form of bribery, corruption, or fraudulent behavior.