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Introduction
These TablePath Terms of Use (this "Agreement") apply to your access or use of the TablePath websites
and the TablePath portal (collectively, the "TablePath Sites") and the content, features, and
services (the "Services") made available by TablePath. Services refers to all products available in TablePath
including, but not limited to, reservations, marketing, analytics, e-commerce and website.
In this Agreement, "TablePath" and "we" mean the TablePath company that is providing the Services to you,
and with whom you are entering into this Agreement. The terms "User" and "you" mean any user of the Services.
The term "Customer" means any customer of a Users restaurant and/or hotel.
By accessing or using the Services or by 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.
TablePath may update or revise this Agreement (including any TablePath Policies) from time to time. Changes to
this Terms of Use or the Privacy Policy will require you to "agree" or "accept" before continuing use of
TablePath. This will come in the form of a page redirect to the "Accept Terms of Use and Privacy Policy" page.
You are free to decide whether or not to accept a modified version of this Agreement.
If you do not agree to the terms of this Agreement or any modified version of this Agreement, you will no longer
have access to your Account (as defined below). Except as otherwise expressly stated by TablePath,
any use of the Services is subject to the version of this Agreement in effect at the time of use.
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Privacy Policy
TablePath is committed to helping you safeguard your privacy online. Please review our
privacy policy for details about how we collect, use, and disclose information
in connection with the Services.
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Communications From TablePath
If you use our Sites and Services, TablePath may communicate with you via email and/or SMS messages in
accordance with our privacy policy.
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Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for
all mobile carrier data or text message charges resulting from your use of the Services, including from any
notifications provided by the Services. In order to use the text message based services, you must maintain
an active account with Twilio, who are the SMS message provider for TablePath. TablePath does not guarantee
that the Services will be compatible with all devices or will be supported by all mobile carriers. You are
required to have JavaScript enabled to use the TablePath Portal and a Restaurants TablePath website.
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Modifications To Services
TablePath reserves the right, in its sole discretion, to modify the Services at any time and without notice,
including, without limitation, by removing, adding, or modifying portions of the TablePath Restaurant Websites
and the TablePath portal. TablePath 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.
Prices for our products are subject to change without notice. Customers will not be charged any increases in prices
until express consent has been given by the customer.
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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 and other intellectual property laws. All text, graphical content, video, data, and other
content made available through the Services (collectively, the "TablePath Content") are provided to User by
TablePath solely to support User’s permitted use of the Services. The TablePath
Content may be modified at any time by TablePath in its sole discretion. Except as expressly set forth
herein, no license is granted to a User for any other purpose, and any other use of the Services or the
TablePath Content by User shall constitute a material breach of this Agreement. TablePath
retain all rights in the Services and TablePath 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 TablePath is granted under this Agreement.
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Application Licence
Subject to the terms and conditions of this Agreement, TablePath grants User a non-exclusive, non-transferable,
revocable license to use the TablePath portal, in object code form only, on User’s compatible
mobile devices, solely to support User’s permitted use of the Services.
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Use Restrictions
The Services and TablePath Content are offered solely for User’s personal use for the purposes described in
this Agreement. Any and all other uses are prohibited. TablePath expressly reserves all its rights and
remedies under applicable laws (including state, federal, and provincial/territorial laws). TablePath
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:
(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 TablePath Content, except as expressly
authorised by TablePath; (2) take any action that imposes or may impose (in TablePath's sole determination)
an unreasonable or a disproportionately large load on the Services or TablePath's infrastructure; (3)
utilise 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
TablePath Content to a third party; (5) use any portion of the Services or TablePath Content to provide,
or incorporate any portion of the Services or TablePath 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 TablePath); (7) modify any Services or TablePath 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 TablePath Content; (9) use the Services or TablePath Content for any illegal
purpose; or (10) publicly disseminate information regarding the performance of the Services or TablePath
Content or access or use the Services or TablePath Content for competitive analysis or benchmarking purposes.
Although the TablePath Sites may be accessible worldwide, not all features or services discussed, referenced,
provided or offered through or on the TablePath Sites are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States. TablePath reserves the right to
limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
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Termination
TablePath 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, TablePath may suspend
your access to the Services if we believe you to be in violation of any part of this Agreement (including any
TablePath Policies). After any suspension or termination, you may or may not be granted permission to use the
Services or re-establish an Account. You agree that
TablePath 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 TablePath
will have no liability whatsoever.
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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 TablePath 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 TablePath's request) defend TablePath,
its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and
shareholders (collectively, the "TablePath 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.
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Liability Limitations
Except as expressly specified herein, in no event shall the TablePath 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 (including any changes thereto),
(2) any use of the TablePath Sites, services, the TablePath Content, or the User Content, (3) any failure or
delay (including, but not limited to, the use or inability to use any component of any of the services),
(4) losses as a result of misuse of the voucher reporting functionality or (5) 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 TablePath 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 TablePath content. TablePath is neither an agent of nor otherwise associated with
any Restaurant for which a user has made a reservation, claimed an offer or promotion, or any Restaurant that
issues a gift voucher. If you are a resident of the European Union, the limitation of liability in this agreement
shall not apply to any damage arising from our willful misconduct and gross negligence, nor shall it apply to
damage from injury to life, body or health.
You and TablePath understand and agree that the disclaimers, exclusions, and limitations in this Section 11
and in Section 12 are essential elements of this Agreement and that they represent a reasonable allocation
of risk. In particular, you understand that TablePath 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.
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Disclaimer Of Warranties
You understand that use of the services is at your own risk and TablePath cannot guarantee that the services
will be uninterrupted or error-free. The services, all TablePath 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. TablePath 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. TablePath does not warrant that your use of the services will be uninterrupted or
error-free, that TablePath 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. TablePath
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 TablePath.
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.
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Links to Third Party Websites
The Services may contain hypertext links to websites and applications operated by parties other than TablePath.
Such hypertext links are provided for User’s reference only, and TablePath does not control such websites and
is not responsible for their content. TablePath's inclusion of any hypertext links to such websites or
applications does not imply any endorsement of the material on such websites or applications or any association
with their operators. TablePath assumes no liability whatsoever for any such third-party websites, applications
or any content, features, products, or services made available through such third-party websites or applications.
Your access to the Services using these devices is subject to terms set forth in the applicable third party
beneficiary's terms of service, including any license transferability and other usage rules therein.
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Release
Restaurants and Merchants are solely responsible for their interactions with a Customer and any and all claims,
injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by a Customer as a result of your (or such recipient's)
interaction with or visit to any Restaurant or Merchant or from any promotion, offer, product or service
of any Restaurant or Merchant. Customers must resolve all disputes directly with Restaurants. To the maximum
extent permitted by applicable law, you hereby release TablePath 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 TablePath pertaining to the subject matter of this Section 14. If you are a resident
of Ireland or European Union, this release shall not apply to any damage arising from our willful
misconduct or gross negligence, nor shall it apply to damage from injury to life, body or health.
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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
authorised 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 authorised to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Enforcement,
Codera Ltd.,
NSC Campus,
Mahon,
Cork,
Ireland
support@tablepath.com
Again, we cannot take action unless you give us all the required information.
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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.
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No 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 TablePath.
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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.
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Choice Of Law
The laws of Ireland govern these Terms of Use. You hereby consent to the exclusive jurisdiction of the Irish
courts in all disputes arising out of or relating to this Agreement. TablePath may, and you may not, assign,
convey, subcontract or delegate rights, duties or obligations hereunder.