TableWorks Terms of Service
Effective Date : 1st Jan 2019
Welcome to TableWorks: to understand your rights and our rights relating to the provision of the Services (as defined below). Please read and understand the outline below:
· You can cancel your membership or delete your subscription/ account at any time.
· You own your uploaded content, but you give us a right to use it.
· TableWorks is not liable for your activities and no warranties are made by TableWorks in respect of you.
· We may terminate your membership and cancel your account if you act inappropriately.
· You agree to arbitrate if there is any dispute between us (exceptions may apply).
· There are easy ways to reach us if you have questions or need help.
Terms of Service
If you access or use the Services on behalf of a company or other entity such as a “person”, you represent that you have full authority to bind such entity or person, and its affiliates to these Terms and that these Terms are fully binding on them. In such case, the term “you” will refer to such entity and its affiliates or person. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The TableWorks Services cannot be provided, and the agreement described in these Terms of Service cannot be performed without TableWorks processing data about you, and other TableWorks members, including your location data. Processing of the data you share with TableWorks, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and TableWorks are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against TableWorks on an individual basis, unless you opt-out in accordance with the instructions below.
Registration and Accounts
To use the Services, you must first register. You agree on such registration to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data should it change. You agree that TableWorks may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or TableWorks has reasonable grounds to suspect that such Member Data is inaccurate or not current, TableWorks has the right to suspend or terminate your account without notice, and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving the Services or making use of the Services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of anypassword associated with your account or membership and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under or in respect of the use of your account or from your computer and/or mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee the absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or account contents. You agree to immediately notify TableWorks of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to TableWorks.
Payments and Fees
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by or used byTableWorks) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information as may be appropriate. You may switch to a different Payment Method or update your information by visiting www.tableworks.app. If you signed up through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account as provided for. No refunds or credits will be provided by TableWorks, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via email@example.com.
In order to access full functionality of the Services, you are required to pay membership fees (except for free-trial complimentary use). Membership fees are paid on a monthly basis. All membership fees or subscriptions are payable in advance. You agree to pay the membership fees, and any other charges you incur in connection with your TableWorks account, whether on a one-time or subscription basis. TableWorks reserves the right to increase membership fees, any associated charges, or to institute new fees at any time upon giving reasonable advance notice to you at the contact number or address provided on your sign-up.
Membership fees will be billed automatically at the start of anymonthly period. These fees will auto-renew until your membership is terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your membership at any time, as described in the section titled “Cancellation”.
Cancellation of TableWorks Membership
If you have signed up on TableWorks.app, you may cancel your membership by visiting the website and following the instructions. The cancellation of any TableWorks membership subscription will take effect at the end of the billing cycle. When your membership subscription ends, your account will remain, however you will no longer be able to enjoy the Services provided by TableWorks. However TableWorks will not guarantee that all functionality will cease upon the cancellation of your membership subscription. You may renew or re-instate your subscription without opening a new account, however the membership fees may have changed. You can submit a request to delete your account at any time by going to www.tableworks.app.
Your membership may start with a free trial. The free trial period for any membership will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your membership with a free trial, we will begin billing via your Payment Method for the monthly membership sumat the end of the free trial period, unless you cancel your membership prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of Services as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization to use the Services; however, no charges will be made via the Payment Method unless you cancel prior to the end of your free trial period. You may cancel your membership subscription at any time by going to your account settings.
Member Content and Conduct
You own the information, data, text, software, sound, photographs, graphics, video, messages, location data, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API. Public locations and routes or mapping and images created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or delete your account, unless your Content has been shared with others, and they have not deleted it therefore being outside the control of TableWorks.
You understand that you, and not TableWorks, are entirely responsible for all and any Content that you upload, email, transmit or otherwise make available via the Services. TableWorks does not proactively and routinely screen or monitor the Content uploaded to the Services by members and, as such, does not guarantee the accuracy, integrity or quality of such Content. TableWorks may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise found objectionable or inappropriate by TableWorks at its absolute discretion. Under no circumstances will TableWorks be liable in any way for any Content, 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 content or use of any Content howsoever made available on or via the Services. You agree to bear all risks associated with the use by any person, of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content howsoever presented or represented.
The TableWorks Services are for your personal use.
We reserve the right to suspend and/or terminate your TableWorks membership without prior notice if you engage in any of the following Prohibited Activities:
1. Copying, framing or mirroring any part of the Services;
2. Accessing the Services to monitor availability, performance or functionality of others or TableWorks;
3. Permitting any third party to access the Services;
4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, never without providing prior written notice to TableWorks and securing permission or authority;
5. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of TableWorks internet protocol space;
6. Avoiding payment of charges or fees payable by you with respect to the Services;
7. Committing any act that may be harmful to minors or any persons;
8. Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
9. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to TableWorks than a human can reasonably produce in the same period of time by using a conventional web browser;
10. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
11. Abusing data usage via the TableWorks high speed internet;
12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
13. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
14. Submitting to the Services or to TableWorks any personally identifiable information, except as necessary for the establishment and operation of your account;
15. Submitting to the Services or to TableWorks any information that may be protected from disclosure by applicable law;
16. Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
17. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
18. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
19. Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
20. Abuse of the Services at any location or place or above of any person engaged in the TableWorks Network as a provider of Services, a TableWorks member or subscriber.
You understand that you are responsible for any charges associated with sending any communications via your device. You hereby acknowledge that you have the right to communicate via the Services and/or use the same with your device.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the uploading and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
You acknowledge and agree that the Services, any software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by TableWorks or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create any derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
TableWorks grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by TableWorks.
The TableWorks logo and designs are the exclusive trademark of, and are owned by the founder of TableWorks limited, and you may not use or display such trademarks in any manner without TableWorks’s prior written permission. Any third party trademarks or service marks displayed on or related to the Services are the property of their respective owners.
TableWorks reserves all rights not expressly granted hereunder.
Your Input and Views “Feedback”
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to TableWorks a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback, input, views and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we request that you not in any manner send or make available to TableWorks any Feedback, views, input, ideas or information that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. TABLEWORKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TABLEWORKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE TABLEWORKS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE TABLEWORKS WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TABLEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE AND HEREIN, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TABLEWORKS IS ALSO AWARE THAT EVOLVING GLOBAL RIGHTS AND USE RESTRICTIONS ARE APPLICABLE IN CERTAIN JURISDICTIONS; TO THE EXTENT YOU SEEK TO RELY ON SUCH TABLEWORKS HEREBY LIMITS THE SAME TO THE EXTENT ALLOWED BY LAW.
TABLEWORKS DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO TABLEWORKS IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating any form of lawsuit or arbitration. Except for disputes relating to the TableWorks’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, designs, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by the Laws of the Hong Kong Special Administrative Region, in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, TableWorks will pay the additional cost. You and TableWorks hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if TableWorks is a party to the proceeding. This provision does not apply to users who live in the European Union.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception—Litigation of Small-Claims-Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party must first seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction should such be appropriate.
Governing Law and Dispute Resolutions
The Terms and any dispute or matter arising from or incidental to the use of the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified.
You agree that TableWorks may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in TableWorks’s sole discretion and that TableWorks shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and TableWorks as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and TableWorks with respect to your use of the Services. The failure of TableWorks to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of TableWorks. TableWorks has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. TableWorks’s notice to you via email, text messages, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. TableWorks reserves the right to update the Terms at any time and for any reason in its sole discretion. TableWorks will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your recourse is to cease using the Services.
TableWorks and any associated third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. TableWorks reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that TableWorks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via firstname.lastname@example.org.