Last Updated: 22 May 2018
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.
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.
Some Services, such as Reservation Services may require the User to supply certain personal information so that the restaurant can identify the reservations and the User can be contacted via a confirmation email or SMS to confirm reservations. This personal information can include email address, name and telephone number, which will hereafter be referred to as "Registration Information". In consideration for the use of the Services, the User agrees to do the following:
Provide true, current, complete and accurate information about the User as prompted to do so by the Services. Maintain and promptly update this information as required to keep it true, current, complete and accurate. "Registration Information", when you create a profile, will be retained by TablePath to provide the Services to the User and for any other purpose to which you have consented.
"Personal Information", when you make a reservation, will be retained by the restaurant according to their retention periods.
TablePath makes available restaurant reservation Services (the "Reservation Services") and waitlist services (the "Waitlist Services") through the TablePath Sites to User for the purpose of assisting User in securing dining reservations or joining a waitlist. In response to a User’s online request for a Restaurant reservation or to join a waitlist, TablePath contacts the Restaurant's computerised database of reservations and waitlists, as applicable. The availability of reservations is determined at the time of User’s query and based on information provided to TablePath by the Restaurant. Once a reservation is made by User through the TablePath widget or the Restaurants website, TablePath will provide confirmation of the reservation by email or other SMS as has been agreed to by User. By using the Reservation Services or Waitlist Services, User agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or SMS.
If you are unable to keep your reservation and you fail to cancel within the time period specified by the Restaurant at the time of booking, the Restaurant is, at their discretion, allowed to mark your account as a no-show. Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a reservation that was not honored, whether or not that was in fact the case. If you receive a no-show notification email in error, please contact the Restaurant to dispute it.
If you wish to remove yourself from a waitlist you have joined through the Waitlist Services, you can do so by calling the Restaurant. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely. Once notified that your table is ready, you will have 15 minutes to appear before the Restaurant host.
User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honour those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation or join more than one waitlist for User's personal use during any one meal time. Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist or termination of your access to the 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. Changes to prices only apply to new customers.
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.
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.
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.
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.
The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information ("User Content"). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, 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. Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for 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. The name or handle you choose to provide to TablePath may be displayed publicly with such User Content. TablePath reserves the right (but has no obligation) to monitor, remove, or edit User Content in TablePath's sole discretion, including if User Content violates this Agreement (including any TablePath Policies), but you acknowledge that TablePath may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant TablePath a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable 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, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual's name or likeness in addition to any moral or other rights you may have in the User Content you submit in favour of TablePath. You represent that you own, or have the necessary permissions to use and authorise the use of User Content as described herein. TablePath takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
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.
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), 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 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 13 and in Section 14 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.
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.
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.
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 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. Users 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. If you are a resident of the United Kingdom 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.
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 email@example.com Again, we cannot take action unless you give us all the required information.
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.
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.
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.