HouseTab Terms of Service
Last Revised: January 2, 2015
THESE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BETWEEN YOU AND HOUSETAB. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, CONDITIONS, AND RESTRICTIONS SET FORTH IN THESE TERMS, HOUSETAB DOES NOT GRANT YOU THE RIGHT TO USE THE SERVICE.
These terms of service (these “Terms”) apply to your access and use of the mobile application (the “App”) and other online products and services that link to these Terms (together with the App, the “Service”) of HouseTab, LLC (“HouseTab”). These Terms do not change the terms or conditions of any other written agreement you may have with HouseTab. If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to HouseTab if you violate these Terms.
CHANGES TO THESE TERMS
HouseTab reserves the right to change these Terms, or any policy or guideline of the Service, at any time at HouseTab’s discretion by posting the changes via the Service. Additional notice may be provided by sending an email to you or by such other form of notice as determined by HouseTab. Changes will only become effective at the end of the 30-day period commencing upon the posting of the changes via the Service. If you disagree with any changes, you must stop using the Service within this 30-day period. Your use of the Service after this 30-day period constitutes your acceptance of the changes. HouseTab recommends that you review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms, conditions, and restrictions that will apply to your use of the Service.
REGISTERING AND MAINTAINING AN ACCOUNT
To access and use the Service, or certain portions of the Service, you may be required to register for an account with HouseTab. When you create an account you agree to maintain the security of your password. You accept full responsibility for all activity associated with your account, including the risk that someone may access your account without your permission. If you discover or suspect any security breaches related to your account or the Service, please let HouseTab know as soon as possible. You may only register and maintain one account with the Service. By using the Service, you represent and warrant that you are at least 21 years of age and that all information that you provide and maintain in connection with your account is accurate, truthful, current and complete. HouseTab reserves the right to deny, deactivate, or terminate your account for any reason at HouseTab’s discretion.
USING THE SERVICE
For more information regarding the Service, please visit HouseTab’s FAQs.
Paying Tabs and Buying and Receiving Goodies. The Service includes a platform that lets you create a tab and pay for goods and services at participating restaurant, bars, and other businesses (“Merchants”) using the valid, current payment card account you have linked to the Service. You also may use the Service to purchase for or receive from other users’ specific goods or services of participating Merchants (“Goodies”). If you purchase a Goodie for another user, your payment account will be charged when the other user accepts the Goodie through the Service. Accepted Goodies expire 30 days from the date that they are ordered, regardless of whether they have been redeemed by the user. HouseTab is not liable for errors that users make when ordering Goodies.
Costs. The price of any services or products you purchase from Merchants using the Service will be determined by the Merchants. In addition, HouseTab will assess a fee for each transaction you complete using the Service. This fee will vary based on the amount and type of the transaction. You are fully responsible for all taxes and similar fees associated with any purchases you make using the Service. Although you are not required to leave a tip on your transaction, the Service will allow you to specify in advance a default tip you would like applied to tabs that you do not close when you leave a Merchant’s place of business and to Goodies you send other users. The Service initially sets this default tip to 20%, but you may change the default tip at any time by adjusting the settings in the App.
Payments. You are fully responsible for all products and services you purchase through the Service, including all outstanding tabs and any Goodies you send to other users, and any associated tips, taxes or fees. When you open a tab, a hold will be placed on your payment account. The hold amount will vary based on the Merchant, but will generally range between $5 and $100. When you close out your tab or otherwise complete your purchase through the Service, your payment account will be charged for the full amount and the hold on your card will be released. This will generally occur at the same time, but there may be instances when there is a delay in releasing the hold from your payment account. If you leave a Merchant’s place of business without first closing your tab or using Get Up and Go, then your payment account will be charged the full amount of your outstanding tab, the default tip, HouseTab’s fee, and any associated taxes.
Payments through the Service are processed by a third-party payment processor and may be subject to additional terms, conditions, and privacy policies of the payment processor. HouseTab is not responsible for any errors by the payment processor.
Refunds. Your payment transactions through the Service are between you and the applicable Merchant, not HouseTab, and may be subject to the refund and other policies of that Merchant. Once you have authorized payment of your Tab or purchase of a Goodie and the payment transaction is complete, you will not receive a refund from HouseTab. If you have a question or a dispute regarding a payment made using the Service, please contact the applicable Merchant or the issuer of the card associated with your payment account.
LICENSE TO USE SERVICE
Limited License. On the condition that you fully comply with these Terms, HouseTab grants you a limited, nonexclusive, non-transferable, revocable license to access and use the Service through the App on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by HouseTab that replace or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions. Except as expressly authorized by these Terms, you may not do any of the following in connection with the Service or other HouseTab users:
- Modify, disclose, alter, translate or create derivative works of the Service;
- License, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service;
- Disassemble, decompile or reverse engineer any of the software components of the Service;
- Copy, frame or mirror any part of the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Attempt to gain unauthorized access to the Service or its related systems or networks;
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
- Collect any personal information about other users;
- Post spam or commercial messages through the Service;
- Use the Services for any illegal, fraudulent, or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; and
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.
- In addition, you may not post and otherwise make available on or through the Service any of the following:
- Private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);
- Content that is libelous, defamatory, abusive, offensive, hateful, obscene, pornographic, indecent or sexually explicit; that depicts graphic, excessive or gratuitous violence; or that is otherwise objectionable;
- Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
- Viruses, corrupted data or other harmful, disruptive or destructive files or code;
- Content that, in HouseTab’s judgment, may restrict or inhibit another from enjoying the Service or may expose HouseTab or users of the Service to harm or liability of any type; or
- Content that you are contractually or legally required to keep confidential.
Your use of the Service is at your own risk. HouseTab is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, HouseTab is not liable for the content of any content you or others post to the Service. Although HouseTab has no obligation to screen, edit or monitor interactive areas of the Service, HouseTab reserves the right, and have the discretion, to screen, edit or remove any content posted to the Service at any time, for any reason and without notice.
HouseTab reserves all right, title, and interest in or to any the App, the Service, and any information, materials and content of the Service (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content). When you post, link or otherwise make available content to the Service, you grant HouseTab a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any manner or media, on or off the App. HouseTab reserves all rights not expressly set forth in these Terms.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, HouseTab has adopted a policy of terminating, in appropriate circumstances and at its discretion, account holders who are deemed to be repeat infringers. HouseTab also may, at its discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification with HouseTab’s Designated Agent as set forth below:
Address of Designated Agent:
44 West 28th Street, 8th Floor, New York, NY 10001
Telephone Number of Designated Agent:
Fax Number of Designated Agent:
Email Address of Designated Agent:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, HouseTab or the alleged infringer incurs because HouseTab relied on the misrepresentation when removing or disabling access to the material or activity.
Any suggestions, comments or other feedback you give HouseTab about the Service will be HouseTab’s confidential information. HouseTab is free to use, disclose, reproduce, license, distribute and exploit this feedback as HouseTab sees fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
HouseTab’s name, HouseTab and HouseTab Commerce trademarks, HouseTab’s logos, and any other HouseTab product, service name, or slogan included in the Service are trademarks of HouseTab and may not be copied, imitated, or used (in whole or in part) without HouseTab’s prior written permission. The look and feel of the Service, including all custom graphics, button icons, and scripts are the service marks, trademarks, or trade dress of HouseTab and may not be copied, imitated, or used (in whole or in part) without HouseTab’s prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners, and the use of such third-party trademarks, product names, and company names or logos inures to the benefit of each owner. The use of any third-party trademarks, product names, and company names or logos is intended to denote interoperability and does not constitute an affiliation by HouseTab and its licensors with such company or an endorsement or approval by such company of HouseTab or its licensors or their respective products or services.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HOUSETAB DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT WILL HOUSETAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOUSETAB HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES. HOUSETAB’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE AMOUNT YOU HAVE PAID THROUGH THE SERVICE IN THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO YOUR CLAIM OR (B) $50. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMITATION. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold HouseTab harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your HouseTab account.
CHANGES, SUSPENSION, AND TERMINATION OF THE SERVICE
In addition, HouseTab reserves the right at its discretion to review, change, or discontinue, temporarily or permanently, the Service and any features, information, materials or content on the Service with or without providing notice to you. HouseTab may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at HouseTab’s discretion. Suspension or termination may include restricting access to and use of the App. HouseTab will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
GOVERNING LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HOUSETAB AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HOUSETAB.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and HouseTab agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If you and HouseTab do not reach settlement within a period of 60 days, then either you or HouseTab may, by notice to the other demand mediation under the mediation rules of the JAMS (or its successor) in New York, New York. You and HouseTab give up the right to litigate any disputes in court and may not proceed to arbitration without first trying mediation, but you and HouseTab are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and HouseTab will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of JAMS (or its successor) before a single arbitrator in New York, New York. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard for its conflict of laws provisions. Enforcement of these Terms is solely at HouseTab’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of HouseTab’s right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful or unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
If you have any questions regarding the use of the Service, please contact HouseTab at email@example.com.
NOTICE REGARDING APPLE
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and HouseTab acknowledge that the terms are solely between you and HouseTab, and not with Apple, Inc. (“Apple”), and that HouseTab, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on an Apple device (such as an iPhone, iPod Touch or iPad) that you own or control as permitted by the Apple Usage Rules.
Maintenance and Support. HouseTab is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of HouseTab. However, you understand and agree that, in accordance with these Terms, HouseTab has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
Product Claims. You and HouseTab acknowledge and agree that as between Apple and HouseTab, HouseTab, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and HouseTab acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectualproperty rights, HouseTab, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to the App should be directed to:
44 West 28th Street, 8th Floor
New York, NY 10001
Third Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof.