Effective: September 27, 2018
ABOUT TABLE 4 ONE
YOUR USE OF THIS APP CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE APP USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APP.
App Use Agreement
By accessing this App (including extensions thereof) you are entering into this App Use Agreement (“Agreement”) with Table 4 one, and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein.
Changes to This Agreement
Table 4 one reserves the right to change any of the terms of this App Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this App periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this App after changes are posted, you accept the changes and agree to them. For your convenience, the date of last revision is included at the top of this page.
If you do not agree to the terms of this Agreement, you must immediately stop use of this App. If you remain on this App, you agree to be bound by this Agreement.
All claims of copyright infringement for material that is believed to be residing on Table 4 one’s systems or networks, should be promptly sent to Table 4 one by contacting us through the App.
All claims must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Registration and account
You may be required to register with Table 4 one and create a Restaurant account. Your Restaurant account allows you access to the services and functionality of the App to post your Restaurant information and any other services and functionality that we may establish and maintain from time to time in our sole discretion.
When creating your Restaurant account, you must provide accurate information. You may set a password while setting up your Restaurant account. You must not allow someone else to use your Restaurant Account, nor can you use someone else’s Restaurant Account. You must keep the password to your Restaurant account secure and you must notify Table 4 one immediately of any unauthorized use of, or security breach connected with, your Restaurant account. You are responsible for all information posted from, or any other activity connected with, your Restaurant account. Table 4 one is not liable for any losses caused by any unauthorized use of your Restaurant account; however, you are liable to Table 4 one for any losses to Table 4 one or others caused by such unauthorized use.
In order to create a Restaurant account and post the associated information, you must be at least 18 years of age and be fully able and competent to enter into, agree to, and comply with, this Agreement.
You may only create a Restaurant account if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us
By providing your e-mail address, you consent to us using the e-mail address to send you notices related to the App(s), including any notices required by law.
OUR CREDIT POLICY
Unless prohibited by law, in the event of any error in your payment or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
Use of Information
You may not display This App in frames or utilize any other techniques to display This App (or any content on This App) without the prior express written consent of Table 4 one. You may not use any meta tags or any other “hidden text” utilizing Table 4 one’s name or trademarks without the prior express written consent of Table 4 one. You may not use Table 4 one’s domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This App. You may not link to This App, without Table 4 one’s prior consent, which consent may be withdrawn by Table 4 one at any time, with or without notice, in Table 4 one’s sole discretion.
You agree not to use or permit others to use This App in ways that (i) violate any applicable law or regulation or any of our policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with Table 4 one and provide requested information in connection with all security and use matters relating to This App and to notify us promptly if you suspect unauthorized use of This App or your account. Table 4 one reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers.
Documents published by Table 4 one on This App may contain other proprietary notices or describe products, services, processes or technologies owned by Table 4 one or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Table 4 one or any third party. Except as expressly granted under this Agreement, all rights are reserved by Table 4 one.
You acknowledge that Table 4 one does not provide professional advice and you agree that you will not use this App as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal, or other professional.
Wireless Access and SMS
You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the Apps and you agree that you are solely responsible for such fees.
Data Mining Prohibited
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from this App, without Table 4 one’s prior consent, which consent may be withdrawn by Table 4 one at any time, with or without notice, in Table 4 one’s sole discretion.
Trademarks and Service Marks
Table 4 one and all other related product and service names, logos and slogans are trademarks and service marks of Table 4 one or one of its subsidiaries and may not be used in any manner without the prior written consent of Table 4 one or the affiliate that owns any such mark(s). All other trademarks and service marks are third-party trademarks or service marks and are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement or recommendation of Table 4 one or its affiliates by the respective trademark owners.
Consent to Monitoring
Table 4 one is under no obligation to monitor the information residing on or transmitted to This App. However, anyone accessing This App agrees that Table 4 one may monitor the contents of This App periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This App properly or to protect itself and its users. Table 4 one reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This App (or the server(s) that host This App) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This App and any Third Party Site (see “Disclaimer of Endorsement/Linked Sites,” below) may contain content provided by advertisers or other third parties that may not be suitable for children. Table 4 one asks parents or legal guardians to assist Table 4 one by supervising the activities of children at This App. Table 4 one does not knowingly collect personal information from children through This App.
Information and Content Provided by You
“User Content” means information, content and other material that any user of this App submits or otherwise provides to Table 4 one (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This App submits or otherwise provides Table 4 one with User Content, such User Content will be deemed to be non-confidential, and Table 4 one assumes no obligation to protect such User Content from disclosure (and assumes no obligation to publish such User Content and no other obligation of any kind with respect to such User Content). Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Content (as defined in any Marketing Services Agreement between you and Table 4 one) that you provide to Table 4 one in connection with such Marketing Services Agreement
By accessing the Apps, you agree:
to comply with all applicable laws regarding online conduct and submission of acceptable User Content; not to use the Apps or the services or submit content to the Apps if you are under the age of 18; not to access the Apps or services using a third-party's account/registration without the express consent of the account holder; not to attempt, through any means, to gain unauthorized access to any part of the Apps and/or any service, other account, computer system and/or network connected to any Table 4 one server; not to attempt to impersonate another user or person; not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Table 4 one; not to deep-link to the Apps and/or access the Apps manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Apps and/or any Materials and/or other content on the Apps, unless Table 4 one has given you specific permission to do so in writing; not to conduct any kind of systematic retrieval of data or other content from the Apps; not to create or compile, directly or indirectly, any collection, compilation, database or directory from the App content; not to use the Apps in any manner that could damage, disable, overburden and/or impair any Table 4 one server, or the network(s) connected to any Table 4 one server, and/or interfere with any other party's use and enjoyment of the Apps; not to transmit any chain letters or junk email; not to use any information obtained from the Apps or the Table 4 one services in order to contact, advertise to, solicit, or sell to any user or restaurant; not to sell or transfer your profile; not to use the Apps to engage in commercial activities apart from sanctioned use of Table 4 one services; not to use the Apps as part of an effort to compete with Table 4 one, the Apps, or the Table 4 one services; not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media; not to license, sell and/or otherwise provide access to and/or use of the Apps to any third party, including without limitation to build a competitive product and/or service; not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Apps; not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers; not to harass, annoy, intimidate or threaten any Table 4 one employees or agents engaged in providing any portion of Table 4 one's services; not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Apps or Table 4 one's services on behalf of that person, such as posting blogs or bulletins with a commercial purpose; not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Apps or Table 4 one's services; not to upload or transmit viruses or other harmful, disruptive or destructive files; not to disrupt, interfere with, or otherwise harm or violate the security of the Apps, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Apps or affiliated or linked Apps (including those of our restaurant partners); and not to use the Apps for any illegal purposes. You agree that the consequences of commercial use or re-publication of User Content or Materials from the Apps or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Table 4 one will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
You grant Table 4 one and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Content that you submit or otherwise provide to Table 4 one, in whole or in part, in such manner, format and media as Table 4 one may see fit in its sole discretion and for such purposes as Table 4 one may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Table 4 one in this paragraph, subject to such terms and conditions as Table 4 one may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Content to Table 4 one will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Table 4 one for any purpose whatever.
You represent and warrant that you have the right and authority to grant Table 4 one the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Table 4 one or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Content have been voluntarily waived by you, (c) all such User Content is accurate, (d) your posting of the User Content is legal and conforms with good business practice (e) you are at least 18 years old, and (f) use of such User Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, this App any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that Table 4 one may, in its sole discretion for any reason, and without any prior notice or liability, delete, edit, move or reject any files that you may maintain at This App, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This App because Table 4 one will not undertake to retain copies of any material that Table 4 one or others may delete from This App.
Limitation of Liability
THE USER OF THIS APP ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS APP AND THE INTERNET GENERALLY. Table 4 one AND ITS AFFILIATES ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS APP.
IN NO EVENT SHALL Table 4 one OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS APP OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS APP (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS APP, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER TABLE 4 ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on This App may include technical or other inaccuracies or typographical errors.
THIS APP IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
TABLE 4 ONE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY TABLE 4 ONE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER TABLE 4 ONE NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS APP OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER TABLE 4 ONE NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS APP OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS APP (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS APP, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement / Linked Sites
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Table 4 one. Product and service information is the sole responsibility of each individual vendor.
Security / No Disruption
You agree that you will comply with any security processes and procedures (such as passwords) specified by Table 4 one with respect to access to or use of This App. Further, you agree not to access or attempt to access any areas of or through This App which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Table 4 one. You agree that you will not disrupt the functioning of This App or otherwise act in a way that interferes with other users’ use of This App.
Access / Failure to Comply
Table 4 one has the right to terminate, suspend or restrict your access to This App, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This App.
Table 4 one also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold Table 4 one (and its subsidiaries and affiliates (and their respective, officers, directors, agents, employees service providers and third parties providing content on This App) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This App (including, without limitation, Table 4 one’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on This App, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Waiver of Class Action and Jury Trial and Consent to Binding Arbitration
In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury.
Table 4 one reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this App or any portion thereof with or without notice. You agree that Table 4 one shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Apps.
You and Table 4 one agree that the substantive laws of Ireland, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND TABLE 4 ONE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN IRELAND, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS APP. Except as otherwise required by law, any cause of action or claim you may have with respect to This App must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Table 4 one with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Table 4 one as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by a Table 4 one executive. Any terms varying from this Agreement in any written, electronic or other communication from you are void. Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Marketing Services Agreement or any Table 4 one -provided Terms or Addendum) or other information, content or other material submitted or otherwise provided by you through This App that is the subject of a Table 4 one -provided preprinted agreement or a clickwrap agreement on a App owned by Table 4 one (other than this Agreement).
II. Arbitration Rules
The arbitration will be administered by Arbitration Ireland in accordance with the The IrishArbitration Act 2010 (“the Act”). (The AAA Rules are available at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425& or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will render an award within the time frame specified in the Act. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Table 4 one will not seek, and hereby waives all rights Table 4 one may have under applicable law to recover attorneys' fees and expenses if Table 4 one prevails in arbitration.
Your responsibility to pay any Arbitration filing, administrative and arbitrator fees will be solely as set forth in the Act.
Table 4 one reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if Table 4 one changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Apps after such change will be deemed acceptance of those changes.