TwentyTables - Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
Effective October 20, 2017
August 6, 2019 (Updated)
These terms and conditions ("Terms") apply to your use of TwentyTables’ mobile ordering platform. All services provided by TwentyTables, including the services, information, features and functionality offered through our website at www.TwentyTables.com (the "Website") and our mobile device application (“the Application”) are referred to herein as the “Service”.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICE.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. See below under the heading “Modification of The Service and Terms” for more information.
These Terms are between you and TwentyTables Inc. (“TwentyTables”) with offices located at 6106 32nd St. NW Washington DC 20015. When used in these Terms, the terms “us”, “we” and “our” refer to TwentyTables.
We provide a way for you to order (“Order”) products or services (“Products”) from third party restaurants, food trucks, food pop-ups and similar consumer facing vendors (collectively, “Restaurants”). TwentyTables is a limited agent for its Restaurant partners with the authority to offer a Restaurant’s Products for sale through the Service. TwentyTables has the authority to accept or decline your Order on behalf of the Restaurant and collect payment for your Order on behalf of the Restaurant. TwentyTables also has the authority to provide certain discounts and promotional offers in connection with Products offered through the Service. TwentyTables does not provide the Products itself or operate any of the Restaurants, and is not itself a restaurant. TwentyTables is not responsible for the quality, character or safety of any Products available through the Service, that is the sole responsibility of the Restaurant. The provision of the Product and fulfilment of any Orders by the Restaurant to you constitutes an agreement entered into between you and the Restaurant. TwentyTables shall never be a party to such agreement.
SIGNING UP FOR THE SERVICE
You have to be at least the age of majority or older in your jurisdiction of residence in order to use the Service. If you reside in a jurisdiction that restricts the use of the Service because of your age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.
By using the Service, you are entering into a contract with TwentyTables under these Terms. In order to be able to use the Service, you first need to sign-up with TwentyTables. When signing-up, you are obligated to provide TwentyTables with certain personal information, including your mobile telephone number, payment card data, or school account information. Upon successfully signing-up with TwentyTables, TwentyTables will provide you with a personal account, accessible to you with a randomly generated SMS text password. You warrant that the information you provide to TwentyTables is accurate and complete and that you will keep the information you have provided to TwentyTables current through the Service. TwentyTables is entitled at all times to verify the information that you have provided and to refuse use of the Service without providing reasons.
MAKING AN ORDER
The Service allows you to send Orders to Restaurants or order meals at Restaurants’ point of sale. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Application – detects your location and uses your location to optimize sending an Order to a Restaurant. TwentyTables has the sole and complete discretion to accept or reject each Order on behalf of the Restaurant. Once you have submitted your Order, you may only cancel your Order before it is Accepted by the Restaurant. Accepted but abandoned meals are not entitled to a refund of your Order. Meals are considered abandoned when not pick-up within 20 minutes of your scheduled pick-up time. TwentyTables will notify you immediately if your Order is rejected for any reason. Your Order may be rejected at any time because the Restaurant is too busy, due to weather conditions or for any other reason. If your Order is accepted, payment is authorized and your Ticket balance will be reduced by the appropriate number for your Order. Neither TwentyTables nor the Restaurant guarantee that Orders will be ready for pick-up within the estimated times.
If you have any issues with your Order (including any issue regarding the accuracy of information provided through the Service), or wish to change or cancel your Order after it has been accepted, you may contact us directly ([email protected]) and we will assist you in resolving your issue. We cannot guarantee that we can resolve any complaint or issue you have because resolution is at the sole discretion of the Restaurant once an Order has been accepted. If we are unable to assist you in resolving a complaint, you will need to address it directly with the Restaurant. All complaints regarding the quality of any Products should be addressed directly to the Restaurant. TwentyTables has no obligation to compensate you for any dispute you may have with any Restaurant.
You may only access the Service using the means and methods permitted by TwentyTables. It is your responsibility to ensure you download the correct Application for your device. TwentyTables is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. TwentyTables reserves the right to terminate your use of the Service should you be using the Service with an incompatible or unauthorised device.
By using the Service, you further agree that:
You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Service to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of any network accessed through the Service;
You will not try to harm the Service in any way whatsoever;
You will not copy or distribute the Website or Application without written permission from TwentyTables;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
You will provide us with whatever proof of identity we may reasonably request;
You will only use the Service through an internet connection you are authorized to use;
You are aware that when the Service may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;
You will not use the Service with an incompatible or unauthorized device; and
You will comply with all applicable laws including the laws of the area in which you are present while using the Service.
TwentyTables reserves the right to immediately terminate your use of the Service should you not comply with any of the above rules. TwentyTables will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TwentyTables may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TwentyTables has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Service is available to you free of charge. TwentyTables reserves the right to introduce a fee for the use of the Service. If TwentyTables decides to introduce such a fee, TwentyTables shall inform you accordingly and allow you to either continue or terminate your use of the Service.
TwentyTables shall charge you on behalf of the Restaurant for the Order placed by you. You agree that you will pay for all Products you purchase from the Restaurant, and that TwentyTables may charge you the total amount for your Order using the payment method provided by you (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing TwentyTables with a valid method of payment at all times. Any payment made is non-refundable. Payment options available to you when registering for the Service may include all major credit cards, Debit/Visa (traditional debit cards are not accepted), Google Pay, Apple Pay and Apple Pay Cash, Campus Cash, UGRYD or other campus management methods. TwentyTables may add additional payment methods from time to time.
TwentyTables uses a third-party payment processor (the "Payment Processor") to link the payment method you provide to the Service, and by using this third-party service, you agree to its terms and conditions of service.
The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. TwentyTables is not responsible for any errors by the Payment Processor.
Tickets. Meal tickets are sold in ticket bundles of any amount as determined by TwentyTables. Meal tickets are non-refundable. Meal tickets are redeemable from participating Restaurants in designated quantities for designated food. 1/4 Ticket “Stubs” may be created from whole tickets in a Users account when required to pay ticket/stub price combinations for menu items ordered from vendors. No more than 3 stubs exist in any account at any time. Meal options are in the Restaurants sole control and TwentyTables does not determine nor designate the ticket cost, value or quantity of the meals offered by Restaurant partners.
Ticket Expiration. TwentyTables is a service connecting Users with meals offered from Restaurants through a system meal Tickets. Tickets may be redeemed at any participating Restaurant, for meals and items of the Restaurant’s choosing. TwentyTables tickets expire and may no longer be redeemed at Restaurants, or otherwise transferred, one year from date of ticket purchase (the “Ticket Expiration Date”). TwentyTables will donate one meal for every ticket that reaches its Expiration Date. Any tickets purchased prior to August 16, 2019 will expire on August 16, 2020. TwentyTables may choose, in its sole discretion, to make case-by-case exceptions, waivers and extensions of any ticket’s Ticket Expiration Date.
Recurring Billing. When you sign up for TwentyTables, you will have the option to choose recurring TwentyTables billing. If you choose this option TwentyTables will automatically add 10 tickets to you account when the number of tickets on your account tickets equal 3 or less. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fees, tipping fees or taxes, as further explained below. You will receive an email notifying you that your Payment Method has been charged for a new 10-pack of tickets. Opt-in payment is offered as a convenience and you can change your opt-in of recurring billing at any time.
Tipping. All tipped amounts go to designated vendors. TwentyTables will bill your Payment Method for tips provided to Merchants through our Platform. TwentyTables may bill you for these tips either individually, as they occur, or in the aggregate after a threshold amount of tips have been issued by you. By tipping, you agree to pay not only the tip amount(s), but also any Payment Method fees or charges associated with your tip(s).
Refunds. Our Tickets (including the administrative fees for your purchase and any other fees) are nonrefundable. Any discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
Price Changes. We reserve the right to adjust ticket pricing, bundling, and terms of redemption at any time. Unless we expressly communicate otherwise, any price changes will take effect on your next meal ticket purchase following notice communicated through a posting on the TwentyTables Site or mobile applicable or such other means as we may deem effective and appropriate from time to time, such as email or push notification.
Cancellation of Participation. You may terminate your use of TwentyTables platform at any time. IF YOU TERMINATE YOUR USE OF THE PLATFORM, OR IF YOU FAIL TO REDEEM MEAL TICKETS WITHIN 12 MONTHS FOLLOWING THE DATE OF THEIR INITIAL PURCHASE (the “Expiration Date”) TWENTYTABLES WILL DEEM THE ACCOUNT ABANDONED AND MAY, IN ITS SOLE DISCRETION, PERMANENTLY TERMINATE ACCESS TO YOUR ACCOUNT.
PROMOTIONS AND REWARDS
TwentyTables may, in TwentyTables's sole discretion, provide offers, programs and promotions (“Promos”) that allow you to obtain account credits, reward Tickets or meals, or other features or benefits related to the Services and/or a third party provider's services (collectively, “Promo Benefits”). Promos may be subject to additional terms and conditions that TwentyTables establishes from time to time. You agree that:
Promos must be used for the intended audience and purpose, and in a lawful manner;
Promos may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TwentyTables;
Promos may be changed, terminated or disabled by TwentyTables at any time for any reason without prior notice or liability to TwentyTables;
One Promo cannot be combined with any other Promo unless expressly permitted by TwentyTables in the terms of the Promo;
Promo Benefits may only be used pursuant to the specific terms that TwentyTables establishes for the applicable Promo; and
Promo Benefits are not redeemable for cash and may be subject to expiration or termination conditions.
Certain Promos may only be available to new users. New users are natural persons who have not yet created a TwentyTables account. New users may also be required to complete an Order before being eligible for any Promo offer and the Promo Benefits. Additional terms and conditions specific to new user Promos may be specified by TwentyTables from time to time.
TwentyTables reserves the right to delay delivery of Promo Benefits pending verification that a user has complied with the terms of the Promo, including verification of the user's identity. TwentyTables users that make a referral code available to others must not make any false or misleading representations related to TwentyTables or the benefits a new user may receive upon signing-up for TwentyTables. TwentyTables reserves the right to deduct or cancel Promo Benefits in the event that TwentyTables determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.
Account credits (including Tickets) provided by TwentyTables, whether as a Promo Benefit, through the redemption of rewards points or otherwise provided by TwentyTables through any means, have no cash value. If a purchase on TwentyTables exceeds the account credit value in your account, the remaining balance will be charged to the registered payment method. Account credits may be cancelled and removed from your account. Unless otherwise specified in the particular Promo, account credits are subject to cancellation by TwentyTables at any time and may be removed from your account at TwentyTables’s discretion.
Unless otherwise prohibited by applicable law, TwentyTables reserves the right to cancel and/or expire any rewards tickets in your account after one year of account inactivity.
TwentyTables mission is to end hunger in all its forms, for those who can afford to purchase a meal through our platform as well as our neighbors in need. TwentyTables uses the per meal food bank metrics determined by https://www.feedingamerica.org/ when reporting meals donated for these applications. The level of our Donation is directly related to the level of ticket redemption within our platform, and TwentyTables may in its discretion adjust the required activity levels, triggers, and relationships between Tickets and charitable meal donations, including by running promotions and charity matching campaigns.
When you choose to donate one or more tickets through TwentyTables Site, you are authorizing TwentyTables to reclaim the indicated number of Tickets from your account for purposes of TwentyTables charitable donation. Tickets donated through TwentyTables will not qualify to you as a personal tax donation. TwentyTables is a for-profit entity, not a 501(c)(3). Ordinary ticket fees and expenses apply.
By accepting these Terms and using the Service, you agree that you shall indemnify and hold harmless TwentyTables, its affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents (collectively, “TwentyTables Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including, without limitation, Restaurants arranged via the Service; or (iii) your use or misuse of the Service.
THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY MAY NOT BE SO LIMITED OR EXCLUDED.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TWENTYTABLES DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF THE TwentyTables GROUP SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE TwentyTables GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE THE TwentyTables GROUP FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. TWENTYTABLES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TWENTYTABLES GROUP TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE SHALL IN NO EVENT EXCEED USD$100.00.
For the purpose of these Terms, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"TwentyTables Content" means Content owned or used by TwentyTables, its affiliates or third-party licensors (including Restaurants) and made available through the Service, but excluding User Content.
"User" means a person who accesses or uses the Service.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service.
"Collective Content" means, collectively, TwentyTables Content and User Content.
Subject to your compliance with these Terms, TwentyTables grants you a limited, revocable, non-exclusive, non-transferable license:
to view, download and print any TwentyTables Content solely for your personal and non-commercial purposes; and
to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
Unless otherwise stated, the copyright and other intellectual property rights in the TwentyTables Content are owned by us, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the TwentyTables Content other than in accordance with these Terms is prohibited.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of TwentyTables. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TwentyTables or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on through the Service. User Content will be deemed non-confidential and non-proprietary. By providing User Content to TwentyTables, you grant TwentyTables a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Content for any purpose, in any medium and throughout the world. You hereby waive any moral rights in your User Content in favor of TwentyTables.
You acknowledge that TwentyTables only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. TwentyTables does not continuously monitor User Content published by you or moderate between Users, nor shall TwentyTables be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of TwentyTables.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory, vulgar, illegal, or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and hold harmless TwentyTables against all costs, expenses, damages, losses and liabilities incurred or suffered by any member of TwentyTables related to any User Content posted or transmitted by you through the Service.
TwentyTables reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which TwentyTables believes is not in accordance with these Terms (including without limitation materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to TwentyTables. You agree to provide to TwentyTables sufficient information to enable TwentyTables to investigate whether such User Content breaches these Terms. TwentyTables shall take such action as TwentyTables in its sole discretion decides. However, TwentyTables does not warrant or represent that it will block or remove (in whole or in part) or monitor such User Content.
Subject to your compliance with these Terms, TwentyTables grants you a limited, non-exclusive, revocable, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. You shall not:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;
modify or make derivative works based upon the Application;
create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; or
reverse engineer or access the Application in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of the Application; (iii) copy any ideas, features, functions or graphics of the Application; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application; (v) misuse the Application, including by hacking or "scraping"; (vi) send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ix) interfere with or disrupt the integrity or performance of the Application; or (x) attempt to gain unauthorized access to the Application or its related systems or networks.
INTELLECTUAL PROPERTY OWNERSHIP
TwentyTables alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by TwentyTables. TwentyTables's name, logo, and the product names associated with the Service are trademarks of TwentyTables, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on TwentyTables's website. TwentyTables is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of TwentyTables, misuse the Application or the Service.
The Terms (including any referenced documents) constitute the entire agreement between you and TwentyTables and governs your use of the Service, superseding any prior version of these Terms between you and TwentyTables.
WAIVER AND SEVERABILITY OF TERMS
The failure of TwentyTables to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
MODIFICATION OF THE SERVICE AND TERMS
TwentyTables reserves the right, at its sole discretion to change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. TwentyTables may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
TwentyTables reserves the right, at its sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Website. You should check the Terms frequently for any revisions, and especially before your use of the Service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.
TwentyTables may give notice by means of a general notice sent through the Application, or by electronic mail to your email address on record in TwentyTables' account information, or by written communication sent by regular mail to your address on record in TwentyTables' account information.
You may not assign your rights under these Terms without prior written approval of TwentyTables.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TwentyTables must be resolved by a court located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND TwentyTables AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TwentyTables agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Claims; Statute of Limitations. YOU AND TWENTYTABLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver. No waiver of any of these Terms by TwentyTables is binding unless authorized in writing by an executive officer of TwentyTables. In the event that TwentyTables waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of TwentyTables to enforce the same at a later time.
Use of Services: Merchant will be responsible for (a) Merchant’s compliance and authorized users' compliance with this Agreement (b) accuracy, quality and legality of Merchant’s data and end user data and the means by which Merchant acquired such data, (c) using commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify TwentyTables promptly of any such unauthorized access or use, and (d) using services only in accordance with applicable laws and government regulations.
Merchant Materials: Merchant hereby grants, and TwentyTables accepts, a license to use, copy, and/or publicly display, during the Term, any and all trademarks, trade names, business names, logos, descriptions, menus and/or photographs of Merchant’s restaurant(s) and menu items (collectively, the “Merchant Materials”) as may be provided to TwentyTables by Merchant. Merchant represents and warrants that it has the right to license the Merchant Materials.
Compliance with All Laws, Regulations and Requirements: Merchants, are independent contractors to TwentyTables and as such are required to maintain compliance with ALL RELEVANT LAWS, REGULATIONS, LICENSES RULES AND REQUIREMENTS RELATING TO THE LAWFUL OPERATION OF MERCHANT in order to conduct and offer Services. MERCHANTS ARE REQUIRED TO IMMEDIATELY CEASE PROVIDING SERVICES AND NOTIFY TWENTYTABLES WITHIN 24 HOURS OF ANY CHANGE IN STATUS RELATING TO THEIR ABILITY TO LAWFULLY PROVIDE SERVICES. TwentyTables reserves the right to immediately terminate its relationship with Merchants who fail to maintain or report their lawful status. BY USING TWENTYTABLES MERCHANTS AGREE TO AND WARRANT THAT THEY ARE OPERATING LAWFULLY AND MAINTAINING HIGH QUALITY STANDARDS.
Requirement for Insurance: Merchants are required to obtain and maintain adequate, industry standard, General Liability Insurance, Catering Insurance, and/or other industry Insurance Policy sufficient to cover all direct, indirect, incidental, accidental claims resulting from their provision of Service. MERCHANTS MUST BE ABLE TO PROVIDE PROOF OF INSURANCE UPON REQUEST AND MUST IMMEDIATELY CEASE PROVIDING SERVICES AND NOTIFY TWENTYTABLES WITHIN 24 HOURS OF ANY CHANGE IN STATUS RELATING TO THEIR INSURANCE COVERAGE AND POLICY.
Fees, Payment and Taxes: TwentyTables agrees to pay Merchant, a fixed, pre-determined, per ticket amount for food costs associated with providing Services, plus an administrative fee to offset Merchant administrative expenses associated with providing Services. Merchant will provide TwentyTables with valid and updated ACH transfer information. TwentyTables will pay Merchant within 1 week for each ticket redeemed. Merchant agrees to provide at a minimum two 1 ticket meals available between 11M and 3 PM (local time) (lunch), and two 2 tickets for meals served between 4PM and 2AM (dinner). Merchant authorizes TwentyTables to transfer payment for all purchased services. TwentyTables payments do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes assessable by any jurisdiction whatsoever (collectively, "Taxes"). Merchant is responsible for paying all Taxes associated with meals served through the Services. TwentyTables has sole discretion to amend amount of payment per ticket with 7 days advance notice to Merchant.
Proprietary Rights and Licenses: Subject to the limited rights expressly granted hereunder, TwentyTables reserves all of TwentyTables’ rights, title and interest in and to the services and platform, including all of TwentyTables’ related intellectual property rights. No rights are granted to Merchant hereunder other than as expressly set forth herein. Merchant grants TwentyTables and TwentyTables affiliates a worldwide, limited-term license to host, copy, transmit and display customer data and end user data created by or for Merchant using a service, as necessary for TwentyTables to provide the services in accordance with this Agreement. In addition, Merchant grants TwentyTables a perpetual, irrevocable right to maintain, access, and use end user data for its internal and commercial purposes. Merchant grants to TwentyTables and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by Merchant or authorized users or end users relating to the operation of the Services.
Termination. Either party may terminate this Agreement immediately by giving the other party written notice of termination in the event that the other party: (a) becomes insolvent; (b) files a petition in bankruptcy; (c) makes an assignment for the benefit of its creditors; or (d) breaches any of its obligations under this Agreement in any material respect, which breach is not cured within ten (10) days after the breaching party receives notice of such breach from the non-breaching party. Upon the expiration or termination of the Agreement for any reason: (a) the license(s) granted by TwentyTables to Merchant hereunder will immediately terminate; (b) the rights and obligations of the parties will survive such expiration or termination; and (c) any amounts still due from or to TwentyTables shall remain due.
Warranty Disclaimer. TWENTYTABLES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO TWENTYTABLES SERVICES OR PLATFORM. TWENTYTABLES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO TWENTYTABLES SERVICES AND PLATFORM, AND ALL SERVICES PROVIDED HEREUNDER BY TWENTYTABLES OR ANY THIRD PARTY VENDOR SELECTED BY TWENTYTABLES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TWENTYTABLES DOES NOT WARRANT THAT TWENTYTABLES SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TWENTYTABLES WILL NOT BE LIABLE TO MERCHANT FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE ARISING OUT OF THIS AGREEMENT. IN NO EVENT WILL TWENTYTABLES’ CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY TWENTYTABLES TO MERCHANT DURING THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE INITIAL CLAIM FOR WHICH DAMAGES ARE RECOVERED.
Confidentiality. Any confidential or proprietary information of either party, whether of a technical, business or other nature, including, but not limited to trade secrets, know-how, technology and information relating to customers, business plans, promotional and marketing activities, finances and other business affairs, including but not limited to the terms of this Agreement and TwentyTables (collectively, “Confidential Information”) disclosed to the recipient party by the disclosing party will be treated by the recipient party as confidential and proprietary. Unless specifically authorized by the disclosing party, the recipient party will: (a) not disclose such Confidential Information to any third party; and (b) otherwise protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature. This Section 9 will not apply to any information that: (i) was already known to the recipient party, other than under an obligation of confidentiality, at the time of disclosure by the disclosing party; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the recipient party; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the recipient party in breach of this Agreement; (iv) was disclosed to the recipient party, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; or (v) was developed independently by the recipient party without any use of Confidential Information.
Indemnification. Merchant agrees to indemnify, defend and hold harmless TwentyTables, and its officers, directors, employees, representatives and agents, from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, "Claim" or "Claims") which TwentyTables may at any time incur, sustain or become subject to by reason of any Claim brought by a third party and: (a) arising out of the Merchant’s breach of any provision, warranty or representation in this Agreement; (b) arising out of the Merchant’s willful acts or omissions, negligence, or other similar wrongdoing; or (c) arising from Merchant’s failure to comply with any law or regulation. Merchant will pay all costs, damages, and expenses incurred by TwentyTables, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by TwentyTables in connection with or arising from any such Claim, provided that TwentyTables promptly notifies Merchant in writing of any such Claim, and promptly tenders to Merchant control of the defense and any settlement of such Claim.
General. Neither this Agreement nor the licenses granted hereunder are assignable or transferable by Merchant without the prior written consent of TwentyTables. THE TERMS OF THIS AGREEMENT INCLUDING PRICING MAY BE CHANGED BY TWENTYTABLES FROM TIME TO TIME AND CUSTOMER MAY BE NOTIFIED BY TWENTYTABLES BY EMAIL OR OTHER WRITTEN NOTICE.