Table One is managed by Buckmint, LLC. (hereinafter, “Company” “we”, “our” or “us”). The terms and conditions in this agreement (“Agreement”) below are applicable to the website located at www.tableonecard.com (“Website”) and the Table One app (“App”) (collectively, the “Services”). This Agreement incorporates Table One’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Table One Policies”). Please note that this Agreement contains an arbitration provision containing a class action waiver applicable to users who are residents of the United States.
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, you acknowledge that you have read, understand, and agree to be bound by this Agreement, without limitation or qualification. Moreover, you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. Buckmint LLC may update or revise this Agreement (including any Table One Policies) from time to time. You are free to decide whether or not to accept a modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to any Table One account established by you.
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Table One Card memberships (membership), and you become a member of Table One Card. Further details regarding the memberships and the club can be found on our websites: (www.tableonecard.com). Please read these terms and conditions carefully and make sure that you understand them, before ordering a membership from our site. You should understand that by ordering a membership, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
1.4 Please understand that if you refuse to accept these terms and conditions and you will not be able to activate your Membership.
1.5 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a membership from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
1.7 We have a legitimate interest in further processing the information which is provided you at the point of sale for marketing purposes. We may also use your information for other specific legitimate purposes such as:
2.0 Information about us
2.1 The Table One memberships are operated by Buckmint LLC
Table One is owned and operated by Buckmint LLC, a company registered in 3400 COTTAGE WAY, STE G2 #1449 SACRAMENTO, California 95825 United States.
3.0 Your status
3.1 By placing an order for a membership through one of our sites, you warrant that you are legally capable of entering into binding contracts and you are at least 21 years old.
3.2 We can only deal with the member about a membership so any contact with us regarding the membership should only be made by the member.
4.0 Eligibility to Use the Services
4.1 We may refuse to offer the Services to any person or entity in our sole discretion and change the eligibility criteria for the Services at any time. We reserve the right to terminate accounts for users who have been previously suspended or removed from the Services.
4.2 You are solely responsible for ensuring that these terms and conditions are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these terms and conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
5.0 How the contract between you and us is formed
5.1 The contract between us will only be formed when you accept the terms and conditions of the membership. This acceptance confirms you agree to go ahead with the service.
6.1 Please note your membership is continuous and is not renewed automatically at the end of each membership period. If you are a member issued with an annual membership and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription.
6.2 The automatic renewal does not apply to gift purchases or a free trial membership where you are not required to enter your payment details to redeem.
7.0 Consumer rights
7.1 The 3-day cooling-off period starts the day after you agree to go ahead with the service. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period
7.2 To cancel your membership, please call us at (323) 866-0815, Monday to Friday 9.00am to 5.00pm PST. Upon cancellation, you will receive a confirmation email; it is recommended that you keep this for your records.
7.3 If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiration of the cooling off period.
8.0 Price and payment
8.1 The price of the membership will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Prices include VAT.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
8.4 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
9.0 Your membership and use at participating restaurants
9.1 You will receive your membership documentation and contract being formed, unless there are exceptional circumstances.
9.2 Participating restaurants may exclude celebration days (including but not limited to: Mothers’ Day, Fathers’ Day, Christmas, New Year’s and Valentine’s Day) and bank holidays. Please check our site and also refer to individual restaurant pages, as other exclusions may apply.
9.3 Offers advertised on our website(s) are only available to members who present a valid membership. Such offers are not guaranteed available in conjunction with any other offers that participating restaurants may be running, which may include set menus or a food offering outside of the a la carte menu.
9.4 We will update our site promptly but within reason to show the particulars of participating restaurants and the terms of their availability. Participating restaurants may, however, be entitled to withdraw or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
9.5 Any printed marketing material is intended as a guide about restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants at any one time.
10.0 Proprietary Rights
10.1 Buckmint, LLC is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (“Buckmint Content”).
10.2 Some materials on the Services belong to third parties who have authorized Table One to display the materials, such as certain third-party licensors.
10.3 By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.
10.4 Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services.
10.5 All rights not granted under this Agreement are reserved by Buckmint. Please note that the Buckmint Content may be modified from time to time by Buckmint, LLC in its sole discretion.
11.0 Application license
11.1 Subject to the terms and conditions of this Agreement, Buckmint grants you a non-exclusive, non-transferable, revocable license to use the Service, in object code form only, on your compatible mobile devices, solely to support your permitted use of the Services.
12.1 The Services and the Table One Content are offered solely for your restaurants use for the purposes described in this Agreement. Any and all other uses are prohibited. Buckmint expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Buckmint reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
12.2.1 Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Table One Content, except as expressly authorized by Table One;
12.2.2 Utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
13.0 Our liability
13.1 If we fail to comply with these terms and conditions, our liability to you will be limited to the membership fee.
13.2 We will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into the following categories:
13.2.8 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14.0 No Warranties
14.1 While Table One uses reasonable efforts to include up-to-date information on the services, except for the express warranties stated on our website, Table One makes no warranties or representations as to the accuracy or completeness of information on the website. To the fullest extent permitted by law, your use of the website is at your own risk.
14.2 The website, including all content made available on or accessed through the website, is provided “As is” and Table One makes no representations or warranties of any kind, whatsoever, for the content on the website. Further, to the fullest extent permissible by law, Table One disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose.
14.3 Table One does not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, that the website or the server that makes it available is free of viruses or other harmful components, that Table One will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss.
14.4 Table One shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Table One. To the fullest extent permitted by law, Table One shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein.
14.5 We understand and agree that the disclaimers, exclusions, and limitations delineated in this Agreement are essential elements of this Agreement. You understand that Table One would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
15.0 Written communication
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or mobile application, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website(s) or mobile application(s).
15.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15.3 This condition does not affect your legal rights.
16.0 Third party websites
16.1 The Services may contain hypertext links to websites and applications operated by parties other than Table One. Such hypertext links are provided for User’s reference only, and Table One does not control such websites and is not responsible for their content.
16.2 Our inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators.
16.3 Table One assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
16.4 Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.
16.5 These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service, including any license transferability and other usage rules therein.
17.1 All notices given by you to us must be given to HelpDesk@tableonecard.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.0 Digital Millennium Copyright Act (“DMCA”) Notice
18.1 All DMCA notices should be sent to us at firstname.lastname@example.org
18.2 Materials may be made available via the Services by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website or App for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website or App. If you believe any materials on the Website or App infringe a copyright, you should provide us with written notice that at a minimum contains:
18.3 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
18.4 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
18.5 Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
18.6 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing them. The failure of Table One to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Table One or be deemed a waiver by Table One of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Table One under these Terms and Conditions and any other applicable agreement between you and Table One shall be cumulative, and the exercise of any such right or remedy shall not limit Table One ‘s right to exercise any other right or remedy.
20.1 If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
21.0 Third party rights
21.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it.
22.0 Entire agreement
22.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
23.0 Governing Law; Dispute Resolution; Arbitration
23.1 If you are a resident of the United States (including its possessions and territories), you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Table One successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
23.2 In the case of arbitration and where permitted by law, you are agreeing to give up your right to go to court to assert or defend your rights except for matters that you file in small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
23.3 In the case of arbitration and where permitted by law, you and Table One must abide by the following rules:
23.3.1 Any claims brought to you or Table One must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative meeting;
23.3.2 The arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class preceding, and may not award class-wide relief;
23.3.3 In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Table One will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
23.3.4 Table One also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
23.3.5 The arbitrator shall honor claims of privilege and privacy recognized at law;
23.3.6 The arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
23.3.7 The arbitrator may award any individual relief or individual remedies that are permitted by applicable law.
23.3.8 Each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
24.0 Law and jurisdiction
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.
25.0 Class Action Waiver
You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general class action, or other representative proceeding of any kind. Claims and remedies sought as a class action, private attorney general class action, or other representative class action are subject to arbitration only on an individual (non-class, non- representative) basis, and the arbitrator may award relief only on an individual (non-class, non- representative) basis.
26.0 Miscellaneous Provisions
You agree to indemnify, defend and hold harmless Table One, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to your use of the Services, (ii) any breach by you of any of these Terms and Conditions, and (iii) any violation of applicable law.
1. Collection of Information
2. How We Use and Share Your Information
3. Your Choices
5. Users From Outside of the United States
6. Your California Privacy Rights
9. Contact Us
Information collected automatically:
Usage Information. When you access or use the Service through our mobile application, we automatically collect and store information about your mobile device and your use of the Service (“Usage Information”), including:
a. Your mobile device’s geographic location while the app is actively running, so that we may know which restaurants are near you.
b. Your mobile device’s unique identifier
c. Your mobile device’s IP address while the app is actively running
d. Technical information about your mobile device (such as type of device, operating system, etc.)
e. Your preferences and settings (time zone, language, privacy preferences, application preferences, etc.), so that we may act in accordance with those preferences.
f. The URL of the site that referred you to the Service
g. The buttons and controls you clicked on (if any) within the Service, so that we may optimize your experience.
h. How long you used the Service and which parts and features you used
j. * Restaurants will input your unique ID in their system to track how many Table One Card users came to their restaurants and the dollar amounts spent.
Mobile Device Tokens. When you access or use our Services through our mobile application, you will also be asked to allow push notifications to be delivered to your device. If you do so, a device token will be generated, which is associated with you and the unique application instance and is used to identify you on your device. We will collect and store these device tokens on our servers. To read more about how you can turn off push notifications, see Section 3 (Your Choices).
Information you choose to provide:
Personal Information. We may collect and store information that can identify you personally (“Personal Information”), such as your name, email address, and telephone number. You may also (but are not required to) provide a profile photo of yourself.
Facebook. In the future, you may require to use the Service, to sign in using your Facebook login or create a Facebook account if you do not have one. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Buckmint users.
Address Book. You will be asked to grant us access to your mobile device’s Address Book, so that you may have the option to refer friends to the Service from your Address Book, if you so choose. If you do so, you authorize us to access your Address Book information, including information about your contacts including their names, contact pictures, phone numbers, and email addresses. We may also use this information for the purpose of direct messaging to the contacts found in your Address Book. You must grant us such access in order to use the Service.
Information others share about you:
We may collect and store information about you that we receive from other Service users to enable us to update and correct the information contained in our database and to better customize your experience with the Service. Since you register as a user of the Service through Facebook, your user profile consists of your name and your Facebook profile picture. Your Facebook friends who also use the Service will be able to see this information. For example, we may receive information about you from another user who knows you and who gives us access to his or her Address Book or invites you to use the Service.
2. HOW WE USE AND SHARE YOUR INFORMATION
Use of Your Information
We use the information we collect to: provide and improve the Service and our other products and services; customize the Service for you; better understand our users; communicate with you about the Service and our other products and services that we think may interest you; help you find and connect with your acquaintances, and to help your acquaintances find you; and diagnose and fix problems with the Service.
Disclosure of Your Information
Information Shared With Other Users. When you register as a user of the Service, your user profile may be viewed by other users of the Service. Your user profile will include your name and profile picture (should you use to set one). We never disclose your phone number or email address to any other user of the Service.
Information Shared With Vendors. We may share your information with participating merchants or vendors who sponsor promotional activities in order to verify your attendance at or participating in any such activities that you book via the Service.
Inviting Others to Join a Group. When you use the Service to invite one of your Address Book contacts to use the Service, a text message will be sent on your behalf to the invited person, notifying them that you have invited them to join the Service.
Content Shared While Using the Service. When you post any content, information, images, videos and text (“Content”) on the Service, other members that you posted the Content to will be able to view such shared Content.
Here are some of the other ways in which we share your information:
a. We occasionally provide information about you to companies that provide support services to us or perform functions on our behalf, including analytics services. We only provide such information as necessary for these companies to perform their services for us. We do not authorize any of these companies to use the information we share with them for any purpose other than to provide their services for us.
b. We may disclose aggregated or anonymized information about our users for any purpose.
c. We may disclose information if required to do so by law or in the good-faith belief that such action is necessary (i) to conform to applicable law or comply with legal process, (ii) to protect and defend Buckmint LLC, our rights or property, or our users, and (iii) under emergency circumstances to protect the personal safety of us, our affiliates, agents, our users, or the public.
d. In the event of a proposed or actual business transaction, corporate restructuring, sale or merger of Buckmint LLC, or involving some or all of our business, assets or equity, we may disclose and/or transfer information we have collected to those involved in assessing, planning and completing the sale (including the buyer and its employees, agents and representatives).
e. With your consent or at your direction, including if we notify you through our Service that the information you provide will be shared in a particular manner and you provide such information in response to such notice.
What we don’t share:
We do not provide your phone number or email address (or those of your Address Book contacts) to other users of the Service, but we may provide your phone number to Vendors for the purpose of confirming a reservation. We will not share your phone number with anyone other than a Vendor you have booked a reservation with through the platform, and we will only share your phone number for the purposes of confirming a reservation.
We do not sell or provide Personal Information about our users to any third party for its marketing purposes.
3. YOUR CHOICES
Push Notifications. Should you wish not to receive any push notifications from the Service, you can turn off such notifications by adjusting your mobile device preferences.
Emails and Text Messages. If you are not a registered user of the Service and do not want us to contact you about acquaintances who are trying to connect with you, please email us at email@example.com. If you are a registered user and want us to stop sending you emails or text messages that are not necessary to ensure the regular operation of your account and/or availability of the Service, you can adjust your preferences on the Service.
Deleting Your Account. If you wish, we will delete your account information, including your Address Book; to do so, please send an email with this request to firstname.lastname@example.org. Otherwise, we will retain such information in case you decide to start using the Service again.
“Do Not Track” or “DNT” Technology. The Service does not follow the direction of “do not track” or “DNT” settings that are available in some browsers.
Other Issues. To contact us about any other issue with the Service, please email us at email@example.com.
We do not allow persons under 18 to register for the Service, and we do not knowingly collect any personally identifiable information from persons under the age of 18. We do not direct any of our business practices or system outputs towards children under the age of eighteen. If we are notified or have any other reason to believe that we have collected personal information from or about a child under the age of eighteen, we will promptly delete the information and any account associated with that information. If you believe Buckmint LLC has information from or about a child less than eighteen years of age, please contact us at firstname.lastname@example.org.
5. USERS FROM OUTSIDE OF THE UNITED STATES
6. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com.
Buckmint LLC takes reasonable security measures such as password protection and encryption as we deem appropriate to protect the information we collect from misuse, unauthorized access, disclosure, alteration and destruction. While we do use care to protect your information, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, we cannot and do not guarantee the security of any information you transmit on or through the Service, and you do so at your own risk.
9. CONTACT US