Terms and Conditions
Effective date: June 18, 2024
These Terms and Conditions govern your use of Table Talks and its content, establishing an agreement between you (the user) and us (the website owner). By using the site, you agree to these terms.
1. Acceptance of Terms
By accessing or using the Table Talks platform as a Merchant, you agree to comply with and be bound by these Terms of Service. If you do not agree, do not use our services. These terms apply specifically to Merchants.
2. Merchant Eligibility
- Business Information: Merchants must provide valid business information including email address, phone number, and business address during registration.
- Account Security: Merchants are responsible for maintaining the confidentiality of their account credentials and are liable for all activities that occur under their account. Merchants must immediately notify Table Talks of any unauthorized use of their account.
3. Credits Assignment and Usage
- Purchasing Credits: Merchants purchase credits to activate their accounts and compensate Content Creators. Credits can be purchased through the Table Talks platform using approved payment methods.
- Credit Allocation: Credits are allocated to Content Creators' accounts upon confirmation of a tasting. Merchants must ensure sufficient credits are available in their account to cover the cost of tastings.
- Credit Expiry: Credits purchased by Merchants do not expire and remain in the account until used. However, credits are non-refundable.
4. Payment and Payment Processing
- Payment Methods: Payments for credits and other services are processed through Stripe. Merchants must provide valid payment information for processing transactions.
- Personal Information: Table Talks does not store personal banking information. All payment information is securely handled by Stripe in accordance with their privacy and security policies.
- Transaction Fees: Merchants are responsible for any transaction fees associated with purchasing credits. These fees will be clearly indicated at the time of purchase.
- Invoices and Receipts: Merchants will receive electronic invoices and receipts for all transactions conducted through the Table Talks platform.
- Payment Security: Payments are processed through secure third-party payment processors. Merchants are responsible for ensuring sufficient credits for payments to Content Creators.
5. Tastings and Events
- Organization of Tastings: Table Talks organizes tastings on behalf of Merchants based on their requirements, including the date, number of attendees, and food and beverages.
- Merchant Responsibilities: Merchants are responsible for providing the agreed food and beverages for the tastings. Merchants must ensure that the food and beverages meet all applicable health and safety standards.
- Cancellation Policy: Merchants must provide a minimum of 48 hours' notice to cancel a scheduled tasting. Failure to provide sufficient notice may result in the forfeiture of allocated credits.
6. Termination and Suspension
- Account Termination: Table Talks reserves the right to terminate or suspend Merchant accounts for violations of these terms or for other reasons as deemed necessary by Table Talks.
- Grounds for Termination: Include, but are not limited to, breach of these terms, illegal activities, and fraudulent conduct.
- Appeals Process: Merchants may appeal account terminations by contacting support@tabletalks.com. Appeals will be reviewed on a case-by-case basis.
7. Dispute Resolution
- Arbitration: All disputes arising out of or relating to these Terms of Service will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
- Governing Law: These terms are governed by the laws of the [Jurisdiction], without regard to its conflict of law principles.
- Class Action Waiver: Merchants agree to resolve disputes on an individual basis and waive their right to participate in a class or representative action.
8. Intellectual Property
- Platform Content: All content provided by Table Talks, including trademarks, service marks, and logos, are the property of Table Talks. Merchants may not use, reproduce, or distribute any content from the platform without prior written permission from Table Talks.
9. Changes to the Terms
- Modifications: Table Talks may update these Terms of Service from time to time. Merchants will be notified of significant changes via email or through the platform. It is the Merchant's responsibility to review the updated terms.
- Acceptance of Changes: Continued use of the services after any modifications to the terms constitutes acceptance of the updated terms.
10. Limitation of Liability
- No Warranty: Table Talks provides the services "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability: Table Talks and its affiliates will not 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 (i) your use or inability to use the services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
11. Indemnification
- Merchant Indemnification: Merchants agree to indemnify and hold harmless Table Talks, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
12. Miscellaneous
- Entire Agreement: These Terms of Service, together with the Privacy Policy and any other legal notices published by Table Talks, constitute the entire agreement between you and Table Talks concerning the services.
- Severability: If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
- Waiver: No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term, and Table Talks’ failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
- Assignment: These terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Table Talks without restriction.
13. Contact Information
For any questions or concerns about these Terms of Service, please contact us at support@tabletalks.com.