Last Update: May 12, 2023
<!--[if !supportLists]-->1.
<!--[endif]-->ACCEPTANCE
<!--[if !supportLists]-->a)
<!--[endif]-->Introduction. These Terms
and Conditions (the “Terms”) govern your visits to https://tabmeal.com/ (the
“Platform”), Taketbl
LLC (“we,”
“us,” or “our”) owns and operates this Platform. The term "you" refers to any user of
the Platform.
<!--[if !supportLists]-->b)
<!--[endif]-->Legally Binding Agreements. These
Terms have a force of a legally binding agreement, even if you are simply
browsing without intention to contact us or register an account. Privacy Policy
is another important document that you should familiarize yourself with because
it describes our practices with respect to your personal information. You
cannot visit the Platform if you do not agree to these Terms or the Privacy
Policy. Sometimes we modify these Terms. We don’t notify users about every
change to the Terms but you can see the date of the last update at the top of
this page. If you still wish to visit the Platform after said date, that constitutes
your agreement to the updates.
<!--[if !supportLists]-->c)
<!--[endif]-->Overview. Tabmeal
is an integrated Software as a Service (SaaS) solution specifically designed to
cater to the needs of restaurant owners. Our platform combines a host of
features and services tailored to optimize restaurant operations and enrich the
dining experience for guests.
<!--[if !supportLists]-->d)
<!--[endif]-->Digital Menu The
Platform provides a digital menu feature, enabling restaurant owners to display
their food and drink offerings in an intuitive, easily accessible format. This
not only reduces the need for physical menus but also allows for instant
updates and alterations according to the changing needs of the restaurant.
<!--[if !supportLists]-->e)
<!--[endif]-->Translation Service. One of
the key features of Tabmeal is the translation service, which aims to bridge
the language gap for international diners. Our platform can translate menu items
and descriptions into various languages, making it easier for guests from
different linguistic backgrounds to understand the menu and make informed
decisions about their orders.
<!--[if !supportLists]-->f)
<!--[endif]-->Currency Conversion Tool. In
addition, Tabmeal includes a currency conversion tool, which supports a variety
of global currencies. This feature facilitates international guests by
providing them with an understanding of the cost of meals in their home
currency, thereby making the payment process smoother and more transparent.
<!--[if !supportLists]-->2.
<!--[endif]-->NEUTRAL
VENUE
<!--[if !supportLists]-->a) <!--[endif]-->Venue. Our role
is limited to providing educational content on an “as is” basis, to be relied
at your own risk. We shall not be held liable for what users decide to do with
the information presented on our Platform, third party links and services,
users’ transactions, losses and any consequences of reliance on our Platform’s
content.
<!--[if !supportLists]-->b) <!--[endif]-->Interactive Features. This Platform includes
interactive features that allow users to communicate with us and each other.
You agree that, because of the limited nature of such communication, any
guidance you may receive can be incomplete and may even be misleading.
Therefore, any assistance you may receive using any our Platform’s interactive
features does not constitute specific advice and should not be relied upon
without further competent independent confirmation.
<!--[if !supportLists]-->c) <!--[endif]-->DRIVING. DO NOT USE THE PLATFORM IN ANY
MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS
THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE
LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
<!--[if !supportLists]-->d) <!--[endif]-->No Professional Advice Whatsoever.
Nothing on our Platform constitutes legal, career or any other type of
professional advice on our part. Your use of the Platform does not form an
attorney-client, employer-employee or any other professional relationship
between you and us. If you engage anybody listed on our Platform, we are not a
party to your interactions and transactions.
<!--[if !supportLists]-->3.
<!--[endif]-->INTELLECTUAL
PROPERTY
<!--[if !supportLists]-->a)
<!--[endif]-->Our Intellectual
Property.
We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or
unregistered) and data. Our IP rights are protected by U.S. law and
international IP conventions. By using our Platform you do not acquire any of
our IP rights. Nevertheless, you can view and print out this Platform’s content
for personal use. We reserve all rights that are not expressly granted under
these Terms or other written agreements between you and us.
<!--[if !supportLists]-->b)
<!--[endif]-->Your Submissions. We do not
claim ownership rights over your content. What’s yours remains yours. However,
if you upload any content to the public areas of our Platform, you state that:
(i) you have all necessary rights to that content, and (ii) we can display,
transmit, modify and distribute this content without compensation to you. We
can use and implement any feedback that you voluntarily provide, without
compensation to you.
<!--[if !supportLists]-->c)
<!--[endif]-->Copyright
Infringement. We take copyright infringement seriously. Report it to us if you
see it on our Platform and we will investigate. In accordance with the Digital Millennium
Copyright Act of 1998, the text of which may be found on the U.S. Copyright
Office website at http://www.copyright.gov/legislation/dmca.pdf, we will
promptly investigate claims of copyright infringement committed using our Platform
if such claims are reported to support@tabmeal.com.If you hold copyright
or are authorized to act on behalf of the copyright holder, you can report
alleged copyright infringements as follows:
<!--[if !supportLists]-->d)
<!--[endif]-->Identify the copyrighted work that you claim has been infringed.
<!--[if !supportLists]-->e)
<!--[endif]-->Identify the material or link you claim is infringing.
<!--[if !supportLists]-->f)
<!--[endif]-->Provide your company affiliation (if applicable), mailing address,
telephone number, and, if available, email address.
<!--[if !supportLists]-->g)
<!--[endif]-->Include both of the following statements in the body of your
report:
<!--[if !supportLists]-->h)
<!--[endif]-->“I hereby state that I have a good faith belief that the disputed
use of the copyrighted material is not authorized by the copyright owner, its
agent, or the law (e.g., as a fair use)”
<!--[if !supportLists]-->i)
<!--[endif]-->“I hereby state that the information in this report is accurate
and, under penalty of perjury, that I am the owner, or authorized to act on
behalf of, the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed.”
<!--[if !supportLists]-->j)
<!--[endif]-->Provide your full legal name and your electronic or physical
signature.
<!--[if !supportLists]-->4.
<!--[endif]-->REGISTRATION, MEMBERSHIP AND CANCELLATION
<!--[if !supportLists]-->a)
<!--[endif]-->To
use certain features of the Site or Service, you must register for a user
account. You agree to provide true, accurate, current, and complete information
about yourself as prompted by the Site's registration form.
<!--[if !supportLists]-->b)
<!--[endif]-->We
offer various subscription levels, each with its own set of benefits and costs
as outlined on our Site. You are free to upgrade or downgrade your subscription
level at any time. If you choose to cancel your membership, you must do so
through your user account settings. Cancellation will take effect from the next
billing cycle, and you will not be charged thereafter. We do not offer
pro-rated refunds for cancellations that occur before the end of a billing
cycle.
<!--[if !supportLists]-->5.
<!--[endif]-->USER-GENERATED CONTENT
<!--[if !supportLists]-->a)
<!--[endif]-->As
a registered user, you are permitted to upload photos, descriptions, and
reviews, collectively referred to as "User Content". By doing so, you
affirm that you possess the necessary rights to distribute such content, either
as the author or via explicit permissions from the copyright owner. You
maintain your ownership rights over your User Content.
<!--[if !supportLists]-->b)
<!--[endif]-->You
grant us a non-exclusive, royalty-free, worldwide license that is transferable
and sublicenseable, allowing us to use, reproduce, distribute, display, and
create derivative works from your User Content, as part of our Platform,
promotion, and redistribution efforts.
<!--[if !supportLists]-->c)
<!--[endif]-->You
extend a non-exclusive license to each Platform user, permitting access to your
User Content through the Platform, subject to these Terms of Use.
<!--[if !supportLists]-->d)
<!--[endif]-->You
pledge not to submit User Content that contravenes any laws or is deemed
objectionable, such as defamatory, abusive, fraudulent, obscene content, or
content containing malware. We reserve the right to edit, screen, or remove
User Content at our discretion, particularly when it infringes these Terms of
Use.
<!--[if !supportLists]-->6.
<!--[endif]-->ACCEPTABLE USE POLICY
By visiting this Platform, you represent
and agree that:
<!--[if !supportLists]-->a) <!--[endif]-->You have a full capacity to enter into a legally binding agreement, such
as these Terms.
<!--[if !supportLists]-->b) <!--[endif]-->You will not let others use your account, except as may be explicitly
authorized by us. Everything that happens under your account is your
responsibility. Registering duplicate accounts is not allowed.
<!--[if !supportLists]-->c) <!--[endif]-->If you make a submission, it shall be truthful and not misleading. We
can terminate any account for writing untruthful reviews, comments or other
content. We reserve the right to edit, reject or erase anything submitted to us
without prior notice. You will not send spam, anything defamatory, vulgar, racist,
abusive or hateful.
<!--[if !supportLists]-->d) <!--[endif]-->You will not use our Platform in connection with any sexually explicit
material, illegal drugs, promotion of alcohol to persons under 21 years of age,
pirated computer programs, viruses or other harmful code, disclosure of
anyone's private information without consent, pyramid schemes,
multilevel-marketing, "get rich quick" offerings, encouragement of
violence.
<!--[if !supportLists]-->e) <!--[endif]--> You will ask for our permission
before copying anything from our Platform for republication.
<!--[if !supportLists]-->f) <!--[endif]-->You will not use our Platform for anything illegal.
<!--[if !supportLists]-->g) <!--[endif]-->We reserve the right to terminate any account using our sole reasonable
discretion and without notice or liability.
<!--[if !supportLists]-->h) <!--[endif]-->Bots, crawlers, indexers, web spiders, harvesters or any similar
automatic processes are not allowed on our Platform.
<!--[if !supportLists]-->i) <!--[endif]-->You will not impede the proper functioning of the Platform.
<!--[if !supportLists]-->7.
<!--[endif]--> REVIEW POLICY
<!--[if !supportLists]-->a)
<!--[endif]-->We
encourage and appreciate your reviews. However, while we value your opinion, we
request that you be respectful and constructive in your reviews. We reserve the
right to remove or refuse to post any review that we deem, in our sole
discretion, to be inappropriate or in violation of these Terms of Use, our
policies, or any applicable laws.
<!--[if !supportLists]-->b)
<!--[endif]-->Please
note that by posting a review, you represent and warrant that (a) you are the
sole author and owner of the intellectual property rights in the review; (b)
you have voluntarily waived all "moral rights" that you may have in
the review; and (c) all content that you post is honest, accurate, and not misleading
or harmful in any manner.
<!--[if !supportLists]-->8.
<!--[endif]-->CONFIDENTIALITY
You cannot use or disclose any confidential information relating to our business,
users, operations and properties for any purpose without our express prior
written authorization. You agree to take all reasonable measures to protect the
secrecy of and avoid disclosure or use of our confidential information.
<!--[if !supportLists]-->9.
<!--[endif]-->BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation:
(i) ban that user from the Platform; (ii) disclose the user’s identity to
authorities and assist in investigations; (iii) delete or moderate the user’s
content; (iv) take any other action available under law.
<!--[if !supportLists]-->10.
<!--[endif]-->DISCLAIMER OF WARRANTY;
LIMITATION OF LIABILITY
<!--[if !supportLists]-->a) <!--[endif]-->EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED
ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT
DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
<!--[if !supportLists]-->b)
<!--[endif]-->You
understand that the features provided such as digital menus, translation,
currency conversion, and allergen awareness are meant to enhance the dining
experience and improve restaurant operations. However, while we strive to
provide accurate and up-to-date information, we cannot guarantee the accuracy
of translations, currency conversions, allergen information, or any other
feature of the Platform. It is your responsibility as a restaurant owner to
verify and ensure the accuracy of all information provided through the
Platform. We will not be liable for any inaccuracies or any damages resulting
from the use of our Platform.
<!--[if !supportLists]-->11.
<!--[endif]-->INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our company, its
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of
and access to the Platform; (ii) your violation of any provision of these Terms;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your user
submissions caused damage to a third party.
<!--[if !supportLists]-->12.
<!--[endif]-->ARBITRATION; CLASS ACTION WAIVER
<!--[if !supportLists]-->a) <!--[endif]-->Arbitration. Any controversy or claim arising out of or relating to these Terms, or the
breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial Arbitration Rules and
judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
The arbitration shall be governed by the laws of the State of New
York. The arbitration will be based on the submission of documents and there
shall be no in-person or oral hearing. Except as may be required by law,
neither a party nor an arbitrator may disclose the existence, content, or
results of any arbitration hereunder without the prior written consent of both
parties. You understand that this Section means that, by using the Platform, you
agree to arbitrate, thus, waiving your rights to sue in court and have a jury
trial.
<!--[if !supportLists]-->b) <!--[endif]-->Class Action Waiver. You acknowledge and agree that you waive your right to participate as
a plaintiff or class member in any purported class action or representative
proceeding. Further, unless both you and us otherwise agree in writing, the
arbitrator may not consolidate more than one person's claims, and may not
otherwise preside over any form of any class or representative proceeding.
<!--[if !supportLists]-->13.
<!--[endif]-->GENERAL
<!--[if !supportLists]-->a) <!--[endif]-->Communications. You agree that we can communicate with you electronically, via SMS, push
notifications, email or phone calls. All electronic communications shall have
the same legal force as if they were in paper form.
<!--[if !supportLists]-->b) <!--[endif]-->Relationship of the
Parties. You and us are in an independent
contractor relationship with respect to each other. That means that there is no
partnership, joint venture, employer/employee or any similar arrangement.
<!--[if !supportLists]-->c) <!--[endif]-->Force Majeure. We will not be liable for failure to perform any obligations to the
extent that the failure is caused by a Force Majeure event such as, without
limitation, act of God, riot, civil disturbances, acts of terrorism, fire,
explosion, flood, epidemic, national mourning, theft of essential equipment,
malicious damage, strike, lock out, weather, third party injunction, acts or
regulations of national or local governments.
<!--[if !supportLists]-->d) <!--[endif]-->Hyperlinks. Linking to our Platform is allowed, however, it must always be done in
a way that does not adversely affect our business or implies some form of
association when there is none.
<!--[if !supportLists]-->e) <!--[endif]-->Severability. If any part of these
Terms is found to be unenforceable, then only that particular portion, and not
the entire Terms, will be unenforceable.
<!--[if !supportLists]-->f) <!--[endif]-->Assignment. We have the right, at our sole discretion, to assign or subcontract our
rights or obligations outlined in these Terms.
<!--[if !supportLists]-->g) <!--[endif]-->Waiver. Our failure to exercise any of our rights under these Terms shall not
be considered a waiver to exercise them in other instances. No waiver shall be
effective unless it is in writing signed by us.
<!--[if !supportLists]-->h) <!--[endif]-->Prevailing Language. If there are any inconsistencies or conflicts between the English
original of these Terms and any foreign language translation, the English
version shall prevail.
<!--[if !supportLists]-->14.
<!--[endif]-->CONTACT US
Please address your questions and feedback to:
