The Company provides the Tayble venue ordering technologies. Use of the Tayble App is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
ABN means Australian Business Number.
Agreement means the agreement formed between the Customer and the Company under, and on the terms of, this Terms of Service.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
Company means Tayble App Pty Ltd ABN 52 608 870 168.
Customer means a registered user of Tayble App and the counterparty to this Agreement with the Company.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
Menu Item means an item of food, drink or other goods sold by a Venue at a Venue.
Order means an order of one or more Menu Items from a Venue placed via Tayble App.
Privacy Act means the Privacy Act 1989 (Cth).
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999(Cth).
Tayble App means the Tayble App mobile application, used by Customers to place Orders.
Terms of Service means these terms and conditions of using Tayble App, as updated from time-to-time, which can be found at the Website.
TPS means an online third-party service provider with whom a Customer holds an account.
Customer means any Customer or Venue that uses Tayble App.
Venue means a venue that accepts Orders via Tayble App. where a Customer can place an Order.
Website means the website operated by the Company, accessible at http://www.tayble.co
USING TAYBLE APP
Subject to the terms of this Agreement, the Company grants the Customer a licence to use Tayble App to place Orders with Venues.
This Agreement shall be ongoing until terminate in accordance with this Agreement.
The Customer agrees that all use of Tayble App is subject to these Terms of Service.
When the Customer places an Order, that forms an independent agreement between the Venue and the Customer on the terms set out in this Agreement.
In providing Tayble, the Company provides a technology platform only for the placement and fulfilment of orders, and for clarity the Company doesn’t provide or purchase any of the goods or services that may be offered or requested through Tayble.
The Customer acknowledges that all Orders are provided independently by the Venue, and that the Company does not provide any Order directly to the Customer.
(h) The Customer may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The Customer agrees to provide the Company with all necessary verifications the Company requires to provide the Customer with access to Tayble App.
To place an Order, the Customer must:
Have registered an account in Tayble App;
Provided a valid credit card for payment;
Provided all other information (such as dine-in or take-away) as required by the Venue during the Order process in the Tayble App.
Orders are accepted at the discretion of the Venue. Once an Order is accepted, it cannot be cancelled by the Customer.
The Customer shall be charged for the Order at the time the Order is accepted by the Venue.
If the Customer decides to cancel an order and/or request a refund, it is the Customer’s responsibility to directly arrange this with the Venue at the time.
The Customer acknowledges and agrees that the Venue, and not the Company, is responsible for ensuring that all information displayed about the Venue in Tayble App is accurate and up-to-date.
The Customer acknowledges that any alcohol shall only be served by the Venue in accordance with applicable laws, and the Venue may refuse service if it considers serving the Customer would contravene their legal responsibilities.
Reviews and Ratings
Customers may use the rating system and other features of Tayble App to rate and provide feedback on Venues.
The rating system may allow the Customer to provide a rating on more than one aspect (e.g. service, quality and price etc.).
The Customer agrees to provide accurate information and to not:
Unreasonably give a Venue a low rating or negative review; or
Provide an inaccurately high rating or positive review for a Venue, in order to gain a benefit of themselves or others from the Venue that operates that Venue.
The Customer may provide reviews or ratings of a Venue that the Customer has not attended.
The Company may remove any review or rating that does not comply with this clause 1.3.
The Company receives payment for Orders via Tayble App as agent for the Venue.
The Company will issue a Tax Invoice to the Customer for all payments made via Tayble App.
All payments are processed by the Company’s payment gateway and no credit card details are stored by the Company or passed on to any Venue.
THIRD PARTY SERVICES
Registration & Login.
A Customer may be able to register as a Customer, and access Tayble App, by using their account with certain third party services (TPS) (e.g, Facebook, Twitter, Google etc),
As part of the functionality of Tayble App the Customer may connect their profile with a TPS by:
Providing their TPS login information to the Company through Tayble App; or
Allowing the Company to access their TPS in accordance with its terms and conditions of service; and
When connecting to Tayble App using a TPS the Customer warrants that they are not in breach any of the TPS’ terms & conditions of service.
The Customer agrees that Customer access to Tayble App may be unavailable if the TPS becomes unavailable, and that the Customer may lose functionality or content that is shared between the TPS and Tayble App.
The Customer may disconnect the connection between Tayble App and the TPS at any time.
The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
Data from TPS.
Where a Customer connects and or registers their profile using a TPS, the Customer authorises the Company to use data from that TPS to create the Customer’s profile within Tayble App.
Modification of Terms
The terms of this Agreement may be updated by the Company from time-to-time.
Where the Company modifies the terms, it will provide the Customer with written notice, and the Customer will be required to accept the modified terms in order to continue using Tayble App.
The Company provides user support for Tayble App via in-app chat and also via the email address email@example.com.
The Company shall endeavour to respond to all support requests as quickly as possible.
Use & Availability
The Customer agrees that it shall only use Tayble App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
The Customer is solely responsible for the security of its username and password for access to Tayble App. The Customer shall notify the Company as soon as it becomes aware of any unauthorised access of its Tayble App account.
The Customer agrees that the Company shall provide access to Tayble App to the best of its abilities, however the Company is not liable for the Customer if Tayble App is unavailable for any reason.
The Customer authorises the Company to provide any personal information contained in an Order (such as the Customer’s name) with a Venue for the purpose of the Venue fulfilling the Order.
Security and Data Retention
Security. The Company takes the security of Tayble App and the privacy of its Customers very seriously. The Customer agrees that the Customer shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
Trademarks. The Company has moral & registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third-party rights through the use of Tayble App.
Tayble App. The Customer agrees and accepts that Tayble App is the Intellectual Property of the Company and the Customer further warrants that by using Tayble App the Customer will not:
Copy Tayble App or the services that it provides for the Customer’s own commercial purposes; and
Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Tayble App or any documentation associated with it.
Content. All content submitted to the Company, whether via Tayble App or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to Tayble App.
Liability & Indemnity
The Customer agrees that it uses Tayble App at its own risk.
The Customer acknowledges that the Company is not responsible for the conduct or activities of any other user and that the Company is not liable for such under any circumstances.
The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with Tayble App, including any breach by the Customer of these Terms of Service.
In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use Tayble App, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.
Termination & Suspension
Either party may terminate this Agreement by giving the other party written notice.
The Company may suspend (to investigate) the Customer’s use of Tayble App without penalty or liability if (without limitation):
The Company reasonably believes that the Customer:
Is in breach, or will become in breach, of this Agreement;
Is no longer actively using Tayble App; and/or
Other users (including a Venue) are making complaints about the Customer.
Termination or suspension of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses Error! Reference source not found. and 3.9 survive termination of this Agreement.
Electronic Communication and Notices
The parties agree they intend to be bound by the terms of this Agreement if it is signed, entered into and/or exchanged electronically.
The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Customer of a change of details from time-to-time.
The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties’ most recent known contact details.
Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
The Customer may not assign or otherwise create an interest in this Agreement.
The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the Customer.
Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.