Terms and Conditions of Use

6th August 2024

Introduction

Welcome to AllTheTables Limited (“AllTheTables”, “we”, “us”, “our”). These Terms and Conditions of Use (“Terms”) govern your use of our booking widgets, bookings SDKs, and booking APIs (collectively, the “Services”) provided to you as a content provider (“Content Provider”, “you”, “your”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

These Terms apply to all Content Providers operating in the United Kingdom, Ireland, the United States, and Canada.

1. Definitions

Services: Booking widgets, bookings SDKs, and booking APIs provided by AllTheTables.

Content Provider: Any individual or entity that integrates our Services into their platform.

Visitor: Any individual who makes a booking through the Services on the Content Provider’s platform.

Booking: A reservation made by a Visitor through the Services.

Chargeback: A payment reversal initiated by the Visitor’s payment provider.

Third-Party Booking Provider: A third-party reservation book service where the booking is ultimately injected.

Merchant of Record: AllTheTables, acting as the entity responsible for processing payments and handling the associated financial transactions for bookings.

2. Use of Services

2.1 Grant of Licence: AllTheTables grants you a non-exclusive, non-transferable, revocable licence to integrate and use the Services on your platform, subject to these Terms.

2.2 Compliance: You agree to use the Services in compliance with all applicable laws, regulations, and industry standards.

2.3 Restrictions: You shall not:

• Modify, adapt, or hack the Services.

• Use the Services for any illegal or unauthorised purpose.

• Interfere with or disrupt the integrity or performance of the Services.

3. Bookings and Payments

3.1 Fees: Restaurants will pay a fee per cover for each fulfilled booking made through the Services. The fee amount will be agreed upon separately.

3.2 Revenue Sharing: AllTheTables will share a fraction of the revenue generated from bookings with the Content Provider. The revenue sharing percentage will be agreed upon separately.

3.3 Chargebacks: Although AllTheTables is the Merchant of Record for payments, the Content Provider is contractually responsible for covering the cost of any chargebacks made from payments, including booking deposits. You agree to reimburse AllTheTables for any chargeback amounts and associated fees.

4. Third-Party Booking Providers

4.1 Booking Injection: AllTheTables makes restaurant bookings on behalf of the Visitors and injects these bookings into a third-party reservation booking provider.

4.2 Third-Party Terms: By using the Services, you agree to comply with the terms and conditions of the relevant Third-Party Booking Provider. AllTheTables is not responsible for any actions or omissions of these third-party providers.

4.3 No Liability: AllTheTables does not have any liability for losses incurred as a result of using the third-party booking provider. This includes, but is not limited to, booking errors, cancellations, or any other issues arising from the third-party service.

5. Merchant of Record

5.1 Payment Processing: As the Merchant of Record, AllTheTables is responsible for processing payments related to bookings, including the collection of deposits and other fees from Visitors.

5.2 Re-Seller: AllTheTables acts as an operator of restaurant bookings, which means that we handle the financial transactions on behalf of the restaurants and manage the associated risks and responsibilities.

5.3 Compliance: AllTheTables complies with all applicable financial regulations and standards related to payment processing. You agree to provide any necessary information and documentation to assist in compliance efforts.

5.4 Liability for Payments: As the Merchant of Record, AllTheTables assumes responsibility for the secure handling and processing of payments. However, we are not liable for any losses incurred due to fraudulent transactions, chargebacks, or payment processing errors beyond our control.

5.5 No Liability for Restaurant or Bar Losses: AllTheTables does not accept any liability for losses to any restaurants, bars, or any other partners of the Content Provider for which we act as a booking channel. This includes, but is not limited to, any financial losses, reputational damage, or any other form of loss resulting from the use of our Services.

6. Liability

6.1 Disclaimer of Warranties: The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. AllTheTables disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability: In no event shall AllTheTables be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Services.

• Any conduct or content of any third party on the Services.

• Any content obtained from the Services.

• Unauthorized access, use, or alteration of your transmissions or content.

7. Data and Privacy

7.1 Data Storage: AllTheTables reserves the right to store customer details, including but not limited to booking information and personal data, for the purposes of operating a booking-related business. This data will be handled in accordance with our Privacy Policy.

7.2 Data Protection: AllTheTables will implement appropriate technical and organizational measures to protect the personal data processed as part of the Services.

8. Termination

8.1 Termination by AllTheTables: AllTheTables may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.

8.2 Termination by You: You may terminate your use of the Services at any time by discontinuing their use and notifying AllTheTables.

8.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Miscellaneous

9.1 Governing Law: These Terms shall be governed and construed in accordance with the laws of the United Kingdom, Ireland, the United States, and Canada, without regard to its conflict of law provisions.

9.2 Changes to Terms: AllTheTables reserves the right to modify these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

9.3 Entire Agreement: These Terms constitute the entire agreement between you and AllTheTables regarding the use of the Services and supersede any prior agreements.

9.4 Contact Information: If you have any questions about these Terms, please contact us at [[email protected]].

9.5 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will continue in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, while most nearly preserving the original intent of the provision.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use.