(1) The Table.ng website at http://www.Table.ng and all related websites owned and operated solely by Table.ng (collectively, the “Table.ng Site”),
(2) The restaurant reservation services made available by Table.ng through the Table.ng Site, any Table.ng-branded application for your mobile or other device (collectively, the “Table.ng Application”), and any other online properties of Table.ng or third parties, as described in Part I below (the “Reservation Services”),
(3) The payment services made available by Table.ng through the Table.ng Application as described in Part II below (the “Payment Services”),
(4) Gift card purchases and related services provided by Table.ng as described in Part III below,
(5) Any Table.ng Application, and
(6) Any other services or features made available by Table.ng through the Table.ng Site or any Table.ng Application. Together, the items in (1) through (6) are the “Services”.
In this Agreement, “Table.ng” and “we” mean Table.ng, and “User” and “you” mean any user of the Services. This Agreement incorporates Table.ng’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Table.ng Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) You acknowledge that you have read, understand, and agree to be bound by this Agreement, and
(2) You represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Table.ng Gift Card (as defined below).
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Table.ng may update or revise this Agreement (including any Table.ng Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Table.ng, any use of the Services (e.g., the use of the Reservation Services or the Payment Services or the purchase of an Table.ng Gift Card) is subject to the version of this Agreement in effect at the time of use.
Part I – Reservation Services
- Restaurant Reservations: Table.ng provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through the Table.ng Site or Table.ng Application, Table.ng directly contacts the Restaurant’s computerized database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the Table.ng Site or Table.ng Application, Table.ng will provide confirmation of the reservation to User by email and text message. By using the Reservation Services, User agrees to receive reservation confirmations by email and text message after booking a reservation through the Reservation Services.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Table.ng will send you an email or text message letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email or text message after a report that your reservation was not honoured, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email or text message in error, please contact us information on how to dispute it. User agrees that all final no-show determinations will be made by Table.ng in its sole discretion.
- Table.ng Dining Rewards. User may be able to participate in Table.ng’s User rewards program (“Table.ng Dining Rewards”). Participation is subject to the Table.ng dining rewards terms and conditions.
- Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Restaurants and then honour those reservations by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation for User’s personal use during any one-meal time (e.g., lunch, dinner, etc.). User may be able to book multiple reservations through Table.ng’s Administrative Assistant program. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
Part III – Terms for All Services
- Your Account. You may (but are not required to) create an account with Table.ng through the Table.ng Site or Table.ng Application (“Account”) in order to use the Reservation Services or to purchase, gift, or redeem (as applicable) and Table.ng Gift Cards. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Table.ng registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Table.ng of any unauthorized use of your Account or any other breach of security related to your use of the Services.
- Modifications to Services. Table.ng reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Table.ng Site, Table.ng Application, Restaurants, and/or Merchants. Table.ng shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
- Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Table.ng Content”) are provided to User by Table.ng or its partners or licensors solely to support User’s permitted use of the Services. The Table.ng Content may be modified from time to time by Table.ng in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Table.ng Content by User shall constitute a material breach of this Agreement. Table.ng and its partners or licensors retain all rights in the Services and Table.ng Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Table.ng or any third party is granted under this Agreement.
- Application License. Subject to the terms and conditions of this Agreement, Table.ng grants User a non-exclusive, non-transferable, revocable license to use the Table.ng Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
- Use Restrictions. The Services and Table.ng Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Table.ng expressly reserves all its rights and remedies under applicable state and federal laws. Table.ng reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to):
(1) Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Table.ng Content, except as expressly authorized by Table.ng;
(2) Take any action that imposes or may impose (in Table.ng’s sole determination) an unreasonable or a disproportionately large load on the Services or Table.ng’s infrastructure;
(3) Utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
(4) Rent, lease, copy, provide access to or sublicense any portion of the Services or Table.ng Content to a third party;
(5) Use any portion of the Services or Table.ng Content to provide, or incorporate any portion of the Services or Table.ng Content into, any product or service provided to a third party;
(6) Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Table.ng);
(7) Modify any Services or Table.ng Content or create any derivative product from any of the foregoing;
(8) Remove or obscure any proprietary or other notices contained in the Services or Table.ng Content;
(9) Use the Services or Table.ng Content for any illegal purpose; or
(10) Publicly disseminate information regarding the performance of the Services or Table.ng Content or access or use the Services or Table.ng Content for competitive analysis or benchmarking purposes.
- Termination. Table.ng may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Table.ng may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Table.ng Policies) or, with respect to purchasers of Table.ng Gift Cards. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and you may lose access to and be unable to use any accumulated dining points as described in the Table.ng Dining Rewards Terms and Conditions. You agree that Table.ng shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Table.ng will have no liability whatsoever.
- Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings of your own restaurant, or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Table.ng reserves the right (but has no obligation) to monitor, remove, or edit User Content in Table.ng’s sole discretion, including if User Content violates this Agreement (including any Table.ng Policies), but you acknowledge that Table.ng may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Table.ng a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Table.ng takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
- Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Table.ng and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Table.ng’s request) defend Table.ng, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Table.ng Parties”) from and against all claims resulting from
(1) Any User Content submitted by you,
(2) Your use of the Services, or
(3) Any breach or alleged breach by you of this Agreement.
- Liability Limitations. To the maximum extent permitted by law, except as expressly specified below with respect to Table.ng gift cards, in no event shall the Table.ng parties be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with
(1) This agreement,
(2) Any use of the services, the Table.ng content, or the user content,
(3) Any failure or delay (including, but not limited to, the use or inability to use any component of the reservation services or payment services), or
(4) Your visit to any restaurant or the performance, non-performance, conduct, or policies of any restaurant or merchant in connection with the services. In addition, you specifically understand and agree that any third party directing you to the Table.ng site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the services or the Table.ng content.
With respect to purchases of Table.ng gift cards or if the disclaimer of direct damages above is not permitted by law, you expressly agree that our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the greater of the price you paid for your most recent purchase of an Table.ng gift card.
You and Table.ng understand and agree that the disclaimers, exclusions, and limitations in this Section and the next are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Table.ng would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- Disclaimer of Warranties. The services, all Table.ng content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “as is” basis and without warranty of any kind. Table.ng expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Table.ng does not warrant that your use of the services will be uninterrupted or error-free, that Table.ng will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Table.ng shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the Internet and electronic communications or other systems outside the reasonable control of Table.ng.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Table.ng. Such hypertext links are provided for User’s reference only, and Table.ng does not control such websites and is not responsible for their content. Table.ng’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Table.ng assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
- Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an Table.ng Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any product or service of any Restaurant or Merchant. You hereby release the Table.ng Parties from any and all such Claims.
You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Table.ng Parties pertaining to the subject matter of this Section.
- Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) Provide your physical or electronic signature;
(b) Identify the copyrighted work that you believe is being infringed;
(c) Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) Provide us with a way to contact you, such as your address, telephone number, or email;
(e) Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Again, we cannot take action unless you give us all the required information.
- Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Table.ng.
- Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
- ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Table.ng Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
You and Table.ng must abide by the following rules:
(1) ANY CLAIMS BROUGHT BY YOU OR TABLE.NG MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Table.ng will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation,
(4) Table.ng also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
(5) The arbitrator shall honour claims of privilege and privacy recognized at law;
(6) The arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
(7) The arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(8) Each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Table.ng may bring an individual action in small claims court.