Last Updated: 24-03-2017
Welcome to Tabl – We don’t love the legalese, but we’ve put together what we hope are simplified and clear version of Terms and Conditions and Policies (or as simplified as lawyers can be!) to best enable and protect the interests of:
- our community of users and buyers (the “Customers”), and
- food and drink producers and hosts of food and drink events (the “Vendors”).
What is Tabl?
Tabl is an online marketplace for the sale and purchase of food and drink, food and drink-related products, and experiences.
Tabl Ltd and/or its affiliates ("Tabl") make available to you this website, software, and other information, products and services when you visit Tabl.com, including associated sites linked thereto by Tabl (collectively, "Site"), use Tabl products and services, or use software provided by Tabl in connection with any of the foregoing (collectively, "Services")
What does this mean for you?
As a marketplace, Tabl itself does not own or sell the items listed at the Site or otherwise made available through the Services.
Tabl also does not pre-screen its users or any information provided by its users. Thus, the actual selling and buying transactions are directly between the Vendor and Customers, the users of Tabl; Tabl provides an online venue to facilitate such transactions, and is not responsible for any disputes between the Vendors and Customers; Vendors and Customers shall only look to each other for any liabilities arising from such transactions.
You expressly acknowledge and agree that Tabl has no control over, cannot, and does not in any way guarantee the existence, quality, safety or legality of items offered in this online marketplace, the truth or accuracy of user's' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You further acknowledge and agree that you use the Services at your own risk, and that neither you nor your representative will go after Tabl, its directors, officers, employees, contractors, consultants, agents, successors or assigns for any claims relating to the Services.
Using the Services - What our entire Community agrees to
While accessing or otherwise using the Services, you agree not to:
- use the Services if you are not able to form legally binding contracts (for example if you are under 18 and are not able to involve your parent or legal guardian), or are temporarily or indefinitely suspended from using the Services by Tabl;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- post false, inaccurate, misleading, defamatory, libelous, obscene, child-pornographic, harmful, racially, ethnically, or otherwise objectionable content;
- post or list content or items in inappropriate categories or areas, or post content unrelated to a listing;
- list for sale illegal, counterfeit, or stolen items, or items that pose possible health risks to consumers and therefore subject to a recall, or items that have otherwise been identified by various state or federal authority as unfit for sale or distribution, or other unsafe items;
- list any item on Tabl, or consummate any transaction that was initiated using the Services, that could cause Tabl to violate any applicable law, statute, ordinance or regulation, or that violate these Terms;
- manipulate the price of any item or interfere with other user's listings;
- take any action that may undermine the feedback or ratings systems;
- fail to pay for items or experiences purchased by you;
- fail to deliver items or experiences sold by you;
- fail to pay any taxes or charges in connection with the use of the Services or otherwise arising under these Terms (for the avoidance of doubt, you shall be responsible for paying any and all taxes applicable to any sale or purchase of items you make by using the Services, excluding only taxes on Tabl's income);
- fail to obtain and/or maintain all authorisations, approvals, consents, licenses or permits from the relevant authorities, which are required to perform your obligations under these Terms under all applicable laws and regulations;
- purchase alcohol containing products if you are under the minimum age required by law in the United Kingdom, and your country of residence
- transfer your Tabl account to another party without our consent;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Tabl, or the interests or property of Tabl users;
- use any robot, spider, scraper or other automated means to access the Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of the Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- copy, modify, or distribute rights or content from the Services or Tabl's copyrights and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your own information) from the Services without the prior written permission of Tabl and the appropriate third party, as applicable;
- commercialise any Tabl application or any information or software associated with such application; or
- otherwise violate your obligations under this Agreement, or any applicable law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
Tabl, at its sole discretion, may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services at any time with or without notice.
Without limiting any other remedies available to it, Tabl may, at its sole discretion, limit, suspend, or terminate the Services and user accounts, restrict or prohibit access to, and your activities on, the Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Tabl community or reduce our or another Tabl user's exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we are unable to verify or authenticate any information you provide to us;
- you fail to pay us any applicable fees due for the Services by the payment due date; or
- you violate your obligations under these Terms, or any applicable law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
Terms and Policies for the Site and Services – What you agree to by using this Site and Services
Whether you are an event host, a food or drink producer ( collectively “Vendors”), or a user of the site or customer (“Customer”), all use of our website www.tabl.com, including all services, media and data available on the Site is governed by these Terms and Conditions (“Site Terms”) and the following related policies:
- The Vendor Terms and Refund Policy which apply to all orders for goods, events or services on the Site and form a contract between the vendor and the customer.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
By visiting this Site, whether as a Vendor or a Customer, and whether or not you become a registered user of the Site or not, you agree to be bound by, and abide to, the Site Terms. If you do not agree with these Site Terms, then you must immediately stop using the Site.
Keep Checking this Page for Updates on the Terms
We reserve the right to change the Site Terms by posting the new version to this page and, where appropriate, by notifying you of such change via email. It is your responsibility to review these Site Terms periodically for changes and your continued use of the Site and Services following the posting of changes will mean that you accept and agree to the updated version. You can review the current version of the Site Terms which apply to your use of the Site at any time on this page.
To make it easier for you to navigate these Site Terms, we have set them out in four sections:
PART A: INTRODUCTION
PART B: PROVISIONS SPECIFIC FOR VENDORS
PART C: PROVISIONS SPECIFIC FOR CUSTOMERS
PART D: GENERAL
As you can see, some of the terms apply to only food and drink producers and/or hosts of food and drink events, “Vendors”, (Part B) or Customers (Part C), and not both. This will be clearly signposted to you, but please be careful to read the terms which apply to you.
PART A: INTRODUCTION
A.1 Information about us
We are Tabl Limited, a company incorporated in England and Wales, company number 08668524, with our registered address at The Biscuit Factory, 100 Drummond Road A402.A, London, England, SE16 4DG (“Tabl”, “we”, “our” or “us”). Our VAT number is: GB 201641555
You can contact us anytime by emailing email@example.com.
A.2 How Tabl works
Tabl provides an online platform on which food and food-related good/ service sellers and hosts (“Vendors”) can create listings to sell certain food and food-related goods and tickets to food related events (“Products”) to purchasing users of the Site (“Customers”).
All transactions which occur on the Site for the purchase of Products are between a Vendor and a Customer. You acknowledge that Tabl does not sell or purchase Products and that Tabl is not a party to any transaction that may take place between a Vendor and a Customer. Our only obligation to you is to make the Site available to you in accordance with these Site Terms.
PART B: PROVISIONS SPECIFIC TO VENDORS
B.1 Obligations and rights of Vendor
NOTE: The clauses of this Part B only apply to users who are acting as a Vendor.
As a Vendor, you agree that it will be solely responsible for its listing, including for ensuring the legality, reliability, integrity, accuracy and quality of all content and material it posts to the listing (see clause 14 ‘User Content’ for more information here) and the quality, safety, morality and legality of all Products sold in connection with the listing. In particular, you shall be responsible for responding to, resolving with, and addressing to the Customer directly any issues relating to an order for Products placed via the Site, including any lost, unprocessed or mishandled orders. The only exception to this is where the issue relates to the functioning of the Site in which case you shall contact us directly at the above mentioned email address.
In order to ensure that the Site’s services to Customers are maintained, conditions applicable for Vendors to be able to sell on the platform may vary from time to time. These are specified as part of the Vendor registration process. By registering and listing products for sale on the platform you agree that you and your Products comply with the criteria to sell on the Site.
You agree also to the Refunds Policy in relation to its fulfilment of orders for Products placed by Customers on the Site.
As a Vendor on the Site, you hereby give the following warranties in relation to your authority and compliance:
- You own, or have authority from the owner of to sell on its behalf, the Products which it lists for sale on the Site;
- You will comply with all applicable laws and regulations with respect to its advertising (on the Site), sale and delivery of the Products, including The Customer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
- You have obtained, and will maintain, all licenses, consents and permissions from the relevant body or authority enable you to sell the Products on the Site. If we are made aware that a Vendor do not have the requisite licenses, consents and/or permissions in respect of the Products, we reserve the right to inform the relevant body or authority.
You must provide customers with clear and accurate information regarding all products listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you.
It is also your responsibility to ensure your products listed include all applicable taxes to deliver good to buyers, including customs and excise duty, VAT and any other applicable taxes. You are responsible for accounting for all taxes due relating to the sale of your products on our website.
YOU ACCEPT TO BE SOLELY RESPONSIBLE FOR THE PRODUCTS’ QUALITY, FEATURES, SAFETY, ADEQUATE PACKAGING, NUTRITIONAL INFORMATION CONTAINED ON LABELS OR ADVERTISED ONLINE, NAMES, MARKS, STANDARD LABELS AND ANY PRODUCT RELATED INFORMATION THAT MAY BE REQUIRED OR EXPECTED BY CUSTOMERS. ANY DISCLAIMERS, NOTICES, WARNINGS OR PRODUCT RESTRICTIONS MUST BE CLEARLY STATED.
You undertake to address any issues raised by customers, including, but not limited to, complaints and refunds in a timely and effective manner.
You agree to either remove a listing, or to instruct us to remove the listing, immediately in the event it ceases or suspends sale of the Products, it loses the right to sell the Products or where the sale of the Products via the Site becomes unlawful. We also reserve the right to suspend your use of the Site, including removal of any and all of your listings, without notice in accordance with clause 12 ‘Access to the Site’, and to notify any past or potential Customers who have purchased or have indicated their interest in purchasing Products from you.
You agree not to use the Site to advertise, generate interest or further enquiries in respect of goods and services not available for sale on the Site. You may not directly communicate with or target marketing (including any statements of your own company website domain) at any customers of Site, via any means, except for responding to direct messages regarding product queries or orders via our platform. This includes but is not limited to: promotional leaflets in packaging, promotional emails, including email signatures or footers with marketing messages, and order acknowledgement or dispatch emails.
By listing on the website, you grant us and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed in your product information and listings that you provide to us in any existing media now or in the future.
We reserve the right to terminate any listings that are in breach of our terms and conditions and remove any products at our reasonable discretion.
A fee is charged for the use of the Site and Services plus a percentage transaction fee for each item sold through the Site. This is communicated during the Vendor registration process.
By listing products on the website you agree to pay all such applicable fees.
Your sales proceeds will be paid within 14 days of shipping Customer orders, net of the above-referred fees and percentages due, as well as of any refunds owed to customers pursuant to statutory regulations.
For the avoidance of doubt, any such refunds will be processed by us and deducted from your sales proceeds.
We will monitor Vendor's performance very closely and may reasonably request further information about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability or otherwise harmful to our business operation or abusive to Customers.
We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
B.2 Specific obligation by Hosts of events
In addition to the other commitments contained in these Terms, in acting as a Host you are required to:
- Conduct your Event in the manner presented in your Event Listing;
- Act with all reasonable skill and care in providing any service to Customers;
- Ensure that any event submitted though Tabl is offered at the best possible price to Tabl.com users. Should an event be made available through any other channel, it may not be advertised on Tabl.com at a price higher price than the price it can be purchased elsewhere
- Accurately and truthfully disclose ingredients or preparation methods that might relate to allergies, medical conditions, religious beliefs or other food preferences such as vegetarianism, when requested by a prospective Customer;
- Take the dietary needs of Customers with the utmost seriousness and either accept them, faithfully and diligently meet the need or declining the guests if you are unsure or unable to do so
- Honour all Confirmed Bookings, subject to the Cancellation and Refund Policies;
- Handle all Customer queries concerning your Event or booking in a timely, professional and courteous way so as to not cause any harm or damage to your or our reputation; use your best endeavours to manage and resolve any disputes that may arise with Customers or prospective Customers to your Event in such a way as to reach a speedy and satisfactory conclusion.
Health & Safety Compliance for Hosts All Hosts will ensure that any food or drink served to Guests is of the highest quality, is fit for its intended purpose and is prepared and served under the guidelines of the UK Food Standard Authority or relevant authority. Hosts are expected to be qualified to Food Safety Standard Level 2. If you require accredited suppliers of certification to this standard please contact firstname.lastname@example.org If your pop-up is operating as a food business, you are responsible for your obligations to register with the local council at least 28 days prior to hosting your event.
Host Insurance Hosts are exclusively responsible for ensuring that they have appropriate insurance cover for their activities on Tabl. We have established relationships in the insurance market to facilitate extremely cost-effective cover for registered Hosts on Tabl, underwritten by a panel of leading insurers. If you require insurance, please contact email@example.com for further information. Please note, Tabl is not FSA registered and cannot offer insurance advice. You must ensure any insurance product you purchase is suitable for your individual needs.
Reservations and Bookings Registered users may use the Site to place an online booking request (“Booking Request”) for any available Events listed. A single Booking Request may be made for multiple places at an individual event, subject to availability and the Host’s policy on group bookings. Hosts may determine their own group booking policy based upon such factors as the nature of the Event, the atmosphere and dynamic they wish to create and their personal preferences. The Host should respond to a booking request as efficiently as possible, usually within an expected 24 hours and, if the request is successful, Tabl will confirm the booking by email to your registered address on the Host’s behalf (“Booking Confirmation”). Events can be set to accept bookings automatically and you will not have to confirm each request. Customers are obligated to notify the Host if they or their party have specific allergies, medical conditions, religious beliefs or other food preferences (eg vegetarianism) that may impact some or all of the Event’s suitability. The Host may offer to substitute one or more dishes or the Guest may accept that part of the meal is unsuitable. The Event price as advertised is nonetheless fixed. After receiving or accepting a Booking Request, a Host may not make any material changes to the Event as advertised, except to provide further and more detailed particulars where appropriate. By accepting a Booking Request, the Host is entering a legal agreement with the Guest to host them at the Listed Event in accordance with these Terms, and the Guest agrees to participate in the Listed Event in accordance with these Terms. The Host is solely responsible for honouring any confirmed bookings and both Host and Guest acknowledge and agree that Tabl is not a party to such agreements, will not be responsible for performing the obligations of any such agreements, and that, with the exception of its payment obligations, Tabl disclaims all liability arising from or related to any such agreements.
Cancellations Hosts must notify Customers who have purchased tickets to an event if an event is cancelled as quickly as possible to avoid an inconvenience. If cancelled less than 24 hrs in advance of the event, the Host should offer to reschedule, Tabl will refund and will need to must pay a rescheduling fee that will be distributed to Customers who have purchased tickets.
B.3 Our rights and obligations specific to the Vendor
Vendors agree that we shall have no obligation to verify or vet a Customer (including in relation to any age verification checks); however, from time to time we may make available on the Site a functionality that requires a Customer to enter his/her age during the purchase process and that refuses the sale of a Product to a Customer who enters an age that is not above or equal to the relevant legal age. You acknowledge and agree that that we are not responsible or liable for the conduct of any Customer on the Site or otherwise.
We shall publish a listing on the Site and keep it live on the Site until it is removed by either the Vendor or us in accordance with these Site Terms. We make no guarantees to the Vendor as to the prominence or performance of any listing that we publish on the Site.
B.4 Customer Data
We and the Vendor acknowledge that for the purposes of the Data Protection Act 1998, we are the data controller and the Vendor is the data processor in respect of any of the Customer’s personal data which we provide to the Vendor for the purpose of fulfilling the Customer’s order for Products.
The Vendor agrees:
- to process Customer personal data only in accordance with our instructions from time to time and not to process personal data for any purpose other than those expressly authorized by us;
- to comply with obligations equivalent to the obligations of a data controller under the provisions of the seventh data protection principle in the Data Protection Act 1998 and to take appropriate technical and organisational measures against unauthorised or unlawful processing of Customer personal data and against accidental loss or destruction of, or damage to, the personal data;
- to ensure the reliability of its personnel by vetting staff appropriately who have access to the Customer personal data;
- not to transfer the Customer personal data outside the European Economic Area without our prior written consent; and
- to immediately inform us of any breach of this clause.
The restrictions in this clause shall not apply in relation to the Vendor’s processing of Customer personal data for purposes which the Vendor has separately obtained the Customer’s consent to; in which case the Vendor would become the data controller.
B.5 Limitation of our liability to Vendors
We will not be liable to Vendors for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
In particular, we will not be liable to Vendors for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Our maximum liability to a Vendor in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Site Terms shall be limited to the total amount of commission paid by that Vendor to us in the 12-month period preceding the date on which the claim arose.
Nothing in these Site Terms shall exclude our liability to Vendors for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
PART C: PROVISIONS SPECIFIC TO CUSTOMERS
NOTE: The clauses of this Part C only apply to users who are acting as a Customer.
C.1 Obligations of the Customer
We only make the Site available to Customers for their domestic and private use. Customers agree not to use the Site for any commercial, business or resale purpose.
We do not conduct background checks on the Vendors or oversee their business activities. We also have no control over the quality, safety, morality or legality of any Products offered for sale via the Site or the accuracy and completeness of any statements, recommendations or instructions contained in the listings. As such, we do not make any warranties or representations in relation to the Products listed by a Vendor or the activities of a Vendor in relation to the sale of a Product via the Site. In particular, we do not warrant, represent or provide Customers with any form of assurance that Products are of suitable condition or comply with any representations made in the relevant listing, or that the Vendor has the right to sell the Products to a Customer. The Customer acknowledges and agrees that it is his/her sole responsibility to check, confirm and satisfy him/herself as to the accuracy of any information provided by the Vendor.
We disclaim all liability in this regard.
Customers acknowledge that by purchasing a Product on the Site, they are doing so from the Vendor Terms with the Vendor. If a Customer has a question, comment or complaint in relation to a Vendor or a Product purchased from a Vendor (including, for example, cancellation and refund requests, late delivery and defects in the Products), the Customer must contact the Vendor directly using the contact details provided in the relevant listing. We are not responsible for the same and, if sent to us, we accept no obligation to forward such communication to the relevant Vendor.
Reservations and Bookings Registered users may use the Site to place an online booking request (“Booking Request”) for any available Events listed. A single Booking Request may be made for multiple places at an individual event, subject to availability and the Host’s policy on group bookings. Hosts may determine their own group booking policy based upon such factors as the nature of the Event, the atmosphere and dynamic they wish to create and their personal preferences. As part of a Booking Request, you will be invited to register payment for your Event together with any Fees and Charges and applicable taxes where relevant (the “Total Charges”). You will be directed to make payment through our digital payment partner. Once payment has been authorised, we will automatically notify the Host of your request. The Host will respond to your request as efficiently as possible, usually within an expected 24 hours and, if your request is successful, we will confirm your booking by email to your registered address on the Host’s behalf (“Booking Confirmation”). Some events will be set to accept bookings automatically and you will not have to wait for a host to respond. Your payment or credit card pre-authorisation will be deducted and held by us until at least 24 hours following the Booked Event. Unless a refund is due under these Terms, payment minus any applicable fees and charges due to us (defined below), will be transferred to the relevant Host after the Event has taken place. If your Booking Request is declined by the Host, your payment will be refunded, or the preauthorisation released, in full and you will incur no charges. Should you have questions about a Listed Event, you may use the messaging feature to contact a Host to seek clarification in advance of making a Booking Request. In particular, should you or one of your party have specific allergies, medical conditions, religious beliefs or other food preferences (eg vegetarianism) that may impact some or all of the Event’s suitability, you are responsible for making the Host aware prior to your booking request and to satisfy yourself accordingly before submitting your Booking Request. The Host may offer to substitute one or more dishes or the Guest may accept that part of the meal is unsuitable. The Event price as advertised is nonetheless fixed. After receiving or accepting a Booking Request, a Host may not make any material changes to the Event as advertised, except to provide further and more detailed particulars where appropriate. By accepting a Booking Request, the Host is entering a legal agreement with the Guest to host them at the Listed Event in accordance with these Terms, and the Guest agrees to participate in the Listed Event in accordance with these Terms. The Host is solely responsible for honouring any confirmed bookings and both Host and Guest acknowledge and agree that Tabl is not a party to such agreements, will not be responsible for performing the obligations of any such agreements, and that, with the exception of its payment obligations, Tabl disclaims all liability arising from or related to any such agreements. A photographer may be in attendance at some Tabl events and by attending an event you agree that images taken of you may be used on the website and across our digital channels.
As a Customer, by making a Booking Request, you agree to pay to Tabl the Total Charges due for such Booking. You hereby authorise the collection of such amounts by charging the credit or debit card you provide, either directly by us or indirectly, via a third party online payment processor. You understand and agree that we reserve the right, on behalf of the Host and at our sole discretion, to either obtain a pre-authorization via your credit card for the Total Charges or to charge your credit card a nominal amount, not greater than one pound (or a similar sum in the currency in which you are transacting) to verify your credit card. Once your booking is confirmed, we will collect the Total Charges in accordance with these Terms.
C.2 Limitation of our Liability to Customer
If we fail to comply with these Site Terms, we are responsible for loss or damage a Customer suffers that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and the Customer knew it might happen.
As noted in clause 8 above, we only supply the Site for domestic and private use. If a Customer uses the Site for any commercial, business or re-sale purpose we will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Site Terms shall exclude our liability to Customers for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
PART D: GENERAL
You can browse our Site for free and without needing to register for an account.
However, if you would like to sell or purchase a Product on the Site, you must first register for an account and provide all requested information. You agree to not give false or misleading information in your account details and to keep this information up to date at all times. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Site Terms. In the case of an individual, you hereby warrant that you are 18 years of age or older. You must not create more than one account on the Site.
You agree not to disclose your account details to any other person and to protect your account details and password from unauthorised use. You will be responsible for any use of our Site with your account details and for the security of any computer where you choose to sign in to your account on the Site.
You have the right to deactivate your account at any time. Simply let us know at firstname.lastname@example.org. We reserve the right to refuse to register or to delete your account on the Site if you have previously had an account deactivated by us due to your breach of these Site Terms (or earlier versions thereof).
D.2 Access to the Site
We will make reasonable efforts to ensure (but does not warrant that) the Site is operational 24 hours a day, 7 days a week. Notwithstanding this, we do not guarantee that the Site, or any content or services available on it, will always be available or be uninterrupted.
We are constantly updating and improving the Site to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Site. As such, we may suspend or withdraw or restrict the availability of any part of our Site and you acknowledge that this may affect your past or current activities on the Site. Where any proposed suspension or withdrawal is due to maintenance services, we will try to give you reasonable notice.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Site without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Site Terms.
D.3 Use of the Site
You agree to use the Site in accordance with our Acceptable Use Policy which is hereby incorporated into these Site Terms by reference.
The Site is provided for your general information and use only. We do not warrant that the Site or any services or information accessed by you via the Site will meet your particular requirements and you agree that it is your responsibility to assure yourself the of the same.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
D.4 User Content - Content Standards
Whenever you make use of a feature that allows you to upload, post or otherwise transmit content to the Site, or to make contact with other users of the Site, (User Content) you must comply with the Acceptable Use Policy. For the avoidance of doubt, User Content shall include all text, photographs, videos, audio or other content and material which Vendors post in their listings, which Customers upload to complement their account profile, and which both Customer and Vendors transmit in any public forum or any private message feature of the Site. You warrant that all your User Content will comply with the Acceptable Use Policy.
We reserve the right to monitor and review User Content, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, User Content has not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
We have the right to remove, edit or decline to display any User Content from the Site without notice, or to require you to amend the User Content, if, in our sole discretion, such User Content does not comply with these Site Terms or removal or editing is otherwise desirable for business or operational reasons. You are solely responsible for backing up your User Content.
We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
Any User Content you upload to the Site will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your User Content, but you are required to grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sublicense) to use, store, copy, adapt, make available to the public, translate, distribute and otherwise exploit such User Content (in whole or in part) for the purpose of operating, improving and promoting the Site.
Tabl will make it’s best efforts to ensure Customer and Vendor content is correctly attributed to the Customer or Vendor whenever published on the Site (or other platforms). If you have concerns about attribution, please contact email@example.com for correction or removal.
D.5 Intellectual Property
You acknowledge that all intellectual property rights in the Site anywhere in the world belong to us or our licensors, and that you have no rights in or to the Site other than the right to use each of them in accordance with the terms of these Site Terms.
D.6 No Warranties
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Site are excluded to the fullest extent permitted by law.
You acknowledge and agree that you will defend, hold harmless and indemnify us against any claim, loss or damage that we may suffer as a result of your use of the Site or your breach of these Site Terms (including and Site use or posting of User Content which contravenes the Acceptable Use Policy).
D.8 Dispute Resolution
In the event of a dispute between the Vendor and the Customer, the Vendor and the Customer shall first attempt to resolve the dispute between themselves.
You may terminate these Site Terms at any time, for any reason, by contacting us at firstname.lastname@example.org from the email address linked to your account and asking us to deactivate your account.
We may terminate these Site Terms with you and delete your account:
- at any time and for any reason, upon providing you with 10 days’ notice;
- immediately without notice in the event you commit a material or persistent breach of these Site Terms; or
- in the event the Site is discontinued, we lose the right to provide you with the Site, or where the provision of the Site becomes unlawful. In such event, we will endeavour to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.
Upon termination, you must cease all use of the Site. You acknowledge that you will lose all right to access your User Content.
D.10 Other Important Terms
Content: While Tabl owns the IP of any content (photos, videos, etc.) that Tabl has created for the purposes of promoting you or your business. Vendors and Users are welcome to use this content for marketing purposes as long as Tabl is credited; if on web or social with a link to Vendor page, if in print mentioning Tabl.com. For full list of acceptable credits please see the Digital Asset Usage Guidelines.
Assignment and other dealings: You may not assign, transfer, sub license or deal in any other manner with any or all of your rights under these Site Terms, without our prior written consent.
Waiver: A waiver of any right or remedy under these Site Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Site Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Site Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance: If any provision or part-provision of these Site Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Site Terms.
Relationship: Nothing in these Site Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.
Third Party Rights: No one other than a party to these Site Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These Site Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Site Terms or any document referred to herein.
Governing Law/ Jurisdiction: These Site Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.