The HappyTable web and mobile application that allows hospitality business owners such as restaurants, cafes, pubs etc. to create e-menus which is accessible through an auto-generated QR Code are developed and maintained by Data Knows Ltd. trading as HappyTable.
- You are responsible for the privacy and storage of your username and password.
- You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you.
- You acknowledge that HappyTable delivers the service via major telecommunications companies and mobile network providers and can therefore only influence the accessibility of e-menu within the technical constraints imposed by the above-mentioned providers.
- HappyTable neither claims nor guarantees either availability or performance of this service.
- In accordance with legal requirements, usage data is recorded for the necessary purposes of maintaining the service.
- You use the service entirely at your own risk.
- You agree to defend, indemnify, and hold harmless HappyTable, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the HappyTable website and services, your violation of these Terms of Service, or your violation of any laws, regulations, or third-party rights.
- If you do not agree with our Terms of Service or if you are not satisfied with our application or any of the HappyTable services, your sole remedy is to discontinue your use of the website and services.
HAPPYTABLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE HAPPYTABLE APP OR SERVICES, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE HAPPYTABLE APP OR SERVICES OR THROUGH THE HAPPYTABLE APP AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAPPYTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL HAPPYTABLE’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE HAPPYTABLE APP AND SERVICES.
Without limiting the foregoing, HappyTable is not responsible for any of your data residing on their hardware. You are responsible for backing-up your data and information that may reside on HappyTable’s hardware, whether or not such information is produced through the use of the HappyTable app or services.
- HappyTable reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the HappyTable app and/or services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Service. HappyTable will not be liable to you or any third party as a result of such modification or discontinuation of the HappyTable app or services. The provisions of these Terms of Service will survive any termination of the HappyTable app or services provided pursuant to these Terms of Service. You agree that from time to time the HappyTable app and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability.
- You agree that the HappyTable Service & Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Agreement, HappyTable grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms during the term of this Agreement.
- No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade or cancel your service plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and HappyTable does not accept any liability for such loss.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
You agree not to do any of the following:
- Sell or resell the services we provide,
- Copy the source code of the Service or its content,
- Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site,
- Access the Service by any means other than through the interfaces that are provided by HappyTable for use in accessing the Service,
- Impersonate any other person or entity, including without limitation any HappyTable official, or misrepresent your affiliation with any other person or entity, or
- Remove or alter HappyTable logo and branding from the emails sent by HappyTable