Terms of Service
The following Terms of Service (“Terms”) are a legal agreement between the payer (“you”, “your”), using our Products and Services (“Services”) and TableSafe (“TableSafe”, “we”, “us”, “our”) and govern your access to and use of our Services, including our website (“Site”) located at https://www.tablesafe.com.
When you attempt to make a payment through our Services, you authorize us to charge your debit, credit or gift card (“card”), on behalf of the restaurant.
Payments you make through our Services for restaurant purchases are transactions between you and the restaurant. We are not the seller of any product or service offered by the restaurant and are not a party to any payment transaction facilitated through our Services. Consumer acknowledges that by providing their credit card for payment, they explicitly direct us to disclose personal information with third parties, including but not limited to, payment processor, payment gateway, payment authentication service, acquiring or issuing bank and payment card network, for the purpose of processing the provided card for payment.
Some of the Services or portions thereof may be provided by third-party providers, under agreements with us, to provide payment-related and other services. Your use of such services may be governed by additional terms of our third-party providers.
Each restaurant in which our Services are made available to their paying customers is under agreement with us to comply with certain requirements around the installation, use, and maintenance. Each restaurant is solely responsible for its day-to-day operations, accuracy, environment, quality of products and service offerings, as well as compliance with the law and any regulatory standards imposed by local authorities. TableSafe is not responsible for the quality of products or services provided by any given restaurant, or for the accuracy of any representations the restaurant may make.
Failure of a restaurant to comply with the terms of its agreement or local legal requirements may result in the termination of our Services.
Email and Account Association
If you choose to receive an emailed receipt with your card payment, we will associate the email address with the card used for payment. The next time you use the same card with our Services, your email address will be automatically populated. You may associate a different email account with each of your cards or use the same email address with multiple cards. For example, you could associate your personal email address with your personal card(s) and your business email address with your business card(s) to separate personal and business receipts.
You agree to provide accurate information and it is your responsibility to keep your information up to date as email addresses and card numbers change over time. Failure to do so may result in the non-delivery of emailed receipts.
We make our Services available, through licensed restaurants, to process payment transactions on behalf of the restaurant. When you make a purchase, you authorize us to submit the charge, in the amount of the total displayed (including any fees, tips, and taxes), through our payment network and process the transaction.
You agree that the payment method you provide is valid and that you are the authorized user or owner of the card. You will not provide false information, impersonate another person or otherwise attempt to mislead us or our partners about your identity or the accuracy of the data you transmit. Any payments you make are subject to the terms and conditions of your agreement with the card issuer. You are solely responsible for all charges and fees your card issuer may impose through your use of the Service.
We reserve the right to limit the amount of an individual transaction or combination of transactions within a certain time period. Restaurants may also enact similar limits. We further reserve the right to hold or refuse transactions that we or our payment partners deem invalid, suspicious, fraudulent or which may violate the law, these Terms or any of our policies.
You agree to only use our Services to make purchases of bona fide products or services from a licensed restaurant. The Services may not be used to transfer money or process a payment that is not directly related to a purchase of product(s) or service(s) from a restaurant.
You will not use the Service in a manner that violates these Terms, related policies or applicable law.
You will not upload, post or transmit any content that contains any viruses, trojan horses, time bombs or any other harmful code or programs through the Service.
Payment Changes, Cancellations and Refunds
Each restaurant sets its own cancellation and refund policies. Once a payment has been completed through our Services, you must contact the restaurant directly to inquire about making a change or cancellation and whether you may be entitled to a refund.
We are not responsible for any Restaurant service issues, content errors or inaccuracies related to their menu or website.
From time to time, we may need to provide you with certain communications or notifications. By providing your email address to receive electronic receipts, you agree to receive all communication regarding your use of our Services electronically. Communications may include updates to these Terms and other policies, payment receipts and any other communications related to your use of the Services.
You may opt-out of marketing communications, however, we reserve the right to electronically communicate transactional, policy and Term information through any email addresses provided.
THE PRODUCTS, SERVICES, AND DOCUMENTATION ARE PROVIDED “AS IS,” AND TABLESAFE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS, SERVICES AND DOCUMENTATION AND RESTAURANT’S USE OF THIRD-PARTY SERVICES, EQUIPMENT, SOFTWARE OR DATA IN CONNECTION WITH THE PRODUCTS AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, SATISFACTORY QUALITY, TITLE, SECURITY, NONINFRINGEMENT, UNINTERRUPTED OR ERROR-FREE USE, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE.
YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE MEDIUM AND IS SUBJECT TO INTERRUPTION AND DISRUPTION. TRANSMISSION OF INFORMATION AND DATA VIA THE INTERNET IS OUT OF TABLESAFE’S CONTROL. TABLESAFE IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR CORRUPTION OF INFORMATION OR DATA DURING ANY TRANSMISSION OVER THE INTERNET OR ANY RELATED TELECOMMUNICATIONS NETWORK OR AT ANY CUSTOMER LOCATION OR CUSTOMER NETWORK ACCESS POINT.
Limitation of Liability
Neither TableSafe nor its agents, officers, directors, employees, or authorized resellers will be liable to you for indirect, exemplary, punitive, special, or consequential damages in connection with these Terms under any theory of law or equity (whether in contract, tort, negligence, strict liability, by statute, or otherwise).
Neither party will be considered in default in performance of its obligations to the extent such performance is delayed by Force Majeure affecting such party’s ability to perform. A “Force Majeure” means an act of God, natural disaster, war, an act of terrorism, civil disturbance, action by a governmental entity, strike or other cause beyond such party’s reasonable control.
Controlling Law and Arbitration
The Federal Arbitration Act, applicable federal law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern the order and any dispute of any sort that may arise between the parties.
Except for disputes relating to the enforcement or validity of either party’s intellectual property rights, any dispute arising out of or relating to any payment processed through the Services will be resolved by arbitration in accordance with the then-applicable Commercial Arbitration Rules of the American Arbitration Association, and judgment on the arbitral award may be entered in any court having jurisdiction. The arbitration will take place in King County, Washington before a single arbitrator. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration: (a) judicial proceedings must be brought in the state courts in King County, Washington, or federal court for the Western District of Washington, located in the city of Seattle; and (b) each party waives any right to a jury trial. Either party may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Changes to these Terms