This document is an Agreement between you (“You” or “you”) and Table's Ready, LLC ("TablesReady") and it governs your use of all versions of TablesReady (collectively "Product"), including interactions with and usage by your guests ("Guests" or "guests").
By downloading, installing, or using the Product on any computer system, You agree to be bound by this Agreement. TablesReady reserves the right to modify terms of this Agreement at its discretion. If TablesReady makes any material changes to the Agreement terms, it may notify you by email or posting a notice on its website www.tablesready.com (“Website”).
You must be legally capable of entering in to a binding contract under the laws of the country and/or state to which You are subject to. If You are a non-individual such a company, the person entering in to this Agreement must be duly authorized (by such non-individual entity) to enter in to it. If You are not legally capable of entering into a contract under the laws of country and/or state to which you are subject to, you cannot use the Product and you must uninstall the Product and cease its use immediately.
You must be a human being to enter into this EULA even if you intend to Use to the Product on an automated platform or other form of non-human Use. Any use of the Product by ‘bots’ or other automated tools or methods is not permitted under this EULA unless the EULA has been entered into by a human being.
TablesReady products allow You to create an Account. The information you provide to us when you create an Account must be accurate, complete and current. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submitted to us at the time of account creation changes, you must promptly update the same.
You must keep your account access credentials safe and secure. You are responsible for all actions taken through your accounts. You are required to promptly inform Postman and modify your account login credentials or those of a permitted user if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Product through your account.
Consent to receive SMS messages and phone calls: When using the Service, Guests consent to receive customized communications from You via SMS or telephone to notify guest concerning wait times. You acknowledge that TablesReady has no involvement, control, or liability for the messages received from Business. You are solely responsible for creating custom messages for your guests. TablesReady also has no liability or control over your contacting guests outside of our Product's messaging service.
Wait Times: Although our Product may estimate an approximate wait time, such times are never a guarantee. TablesReady makes no representations concerning the accuracy of estimated or stated wait times.
Communications with Guests
All communications with Guests through our Product must comply with our Prohibited Use terms stated below. TablesReady may place restrictions of the number of contacts you can make with a Guest through our Product in association with each Guest entry into the queue. You acknowledge that you are solely liable for your communications with your guests. You are prohibited from using customer information from our Product for the purpose of sending marketing communications to Guests that have not expressly agreed to receive such communications or for the purpose of selling such data to third parties. You agree to indemnify TablesReady for all costs and fees incurred by TablesReady in association with any claims made by Guests relating to your communications with them or the authorized sale of their data.
General Data Protection Regulation (GDPR)
To the extent that TablesReady processes any Personal Information as part of providing its Service that is subject to the General Data Protection Regulation (the "GDPR"), on your behalf, in the provision of the services hereunder, the terms of the TablesReady Data Processing Agreement, which are hereby incorporated by reference, shall apply. For Businesses that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with TablesReady, LLC, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply. You acknowledge in all cases that TablesReady acts as the data processor of your data and you are the data controller of Your data under applicable data protection regulations in the European Union and European Economic Area. Business will obtain and maintain any required consents necessary to permit the processing of Your Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your TablesReady account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.
Business will defend, indemnify and hold harmless TablesReady and each of our respective directors, officers, employees, shareholders and agents and all of their respective successors and permitted assignees (the "Indemnified Parties"), from and against any and all suits, claims, actions, liabilities, losses, damages, costs and expenses (including, but not limited to, interest, penalties, reasonable attorney's' fees and other expenses of litigation) and causes of action of whatsoever kind (collectively referred to as "Claims") which may be incurred by, asserted against, or recoverable from any Indemnified Party arising out of or relating to any negligent or wrongful acts or omissions of any kind of Business or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Business under this Agreement.
Use of the Product may be subject to certain payment terms or fees as determined in our sole discretion. We will provide notice of those fees then in effect in relation to any of our paid Product. If you wish to receive or use a paid Product, you are required to pay all applicable Fees in advance.
Our pricing may vary. Please see current pricing for more information. TablesReady may add new products for additional fees and charges, add or amend fees and charges for existing products, at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Certain aspects of the Product may be provided for a fee, subscription or other charge. If you purchase a subscription from TablesReady, the subscription will automatically renew at the end of each billing cycle at which point you will automatically be charged on your anniversary date for the next billing cycle. The length of a billing cycle may vary depending on the type of subscription the User purchases (i.e. monthly, annual). Users may cancel their subscription at any time by going to their account settings. Users will not be issued partial refunds for cancellations that occur in the middle of a billing cycle.
All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
You are responsible for all fees, including taxes, associated with your use of the Product. You are responsible for providing us with a valid means of payment. You must keep current payment information on file with TablesReady and Your account must be adequately funded to pay for any services rendered.
By agreeing to these terms, you are giving TablesReady permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize TablesReady to satisfy.
We will email you a receipt when your card has been charged or if a payment fails. If your card cannot be charged your access to Products may be suspended and you will need to update your card information in order to resume use.
If you have a dispute concerning any payment transaction, please contact our billing department at [email protected] If, at any time, you contact your bank or credit card company to dispute or reject the charge of any payable fees, this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Product. We reserve the right to respond to any dispute and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. TablesReady will not be liable for any loss of files, data or content as a result of a Chargeback. In order to resume use of the Product, you must re-subscribe to the Service and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.
Access to the Services and site is subject to change without notice. We will respond to issues with access in a responsible manner. However, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any access related issues or suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You acknowledge and agree that we provide access to such tools on the site "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party information and/or links on this site may be derived from or re-direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other information, materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TablesReady, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless TablesReady and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Hampshire.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected].