Thanks for accessing the Tabbed Inc. (the “Company,” “Tabbed,” “we” or “us”) website and for using our app! The website and our app are collectively referred to in these Terms of Use as the “Services” Please read these Terms of Use carefully so that you understand them.
By using our Services, you agree to all the terms and conditions stated in this Privacy Policy. Please take a moment to review this information.
Account Registration
You must open an account with us (a “Tabbed Account”) to use the Services. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Tabbed Account, including for any actions taken by persons to whom you have granted access to the Tabbed Account.
We reserve the right to suspend or terminate the Tabbed Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
The terms “you” and “your” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Terms of Use, if you do not agree to be bound by the Terms of Use, you may not access or use the Services.
privacy policy
By using the Services, you agree to be bound by these Terms of Use and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with the Company’s Privacy Policy at
https://tabbedinc.com/privacy-policy, which describes our privacy practices, including how we collect, use, and disclose your personal data.
restrictions
Without limiting other rules and prohibitions in these Terms of Use, by using the Services, you agree that you will not:
a. impersonate any person or entity, or misrepresent your affiliation with any person or entity, or misrepresent the origin of any information that you provide to us;
b. use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
c. use the Services to cause nuisance, annoyance or inconvenience;
d. use the Services in any way that could damage, disable, overburden or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
e. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Tabbed may use to prevent or restrict access to the Services or use of the Services or the content therein;
f. use any robot, spider, scraper, or other automated data extraction tool or program to access, acquire, copy, or monitor the Services;
g. scrape or otherwise conduct any systematic retrieval of data or other content from the Services;
h. use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Services, other than the search engines generally available (such as Google);
i. upload or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
j. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
k. attempt to gain unauthorized access to any portion of the Services, use the Services for any unlawful purpose, or otherwise interfere or disrupt the Services; or
i. remove or obscure any proprietary information on the Services.
You agree that your use of the Services will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Services.
If we reasonably suspect that your Tabbed Account or these Services have been or are being used for illegal purposes, you give us express authorization to share information about you, your Tabbed Account, and any of your transactions with law enforcement.
prohibited content
We prohibit uploading or sharing content that:
is likely to be deemed offensive or to harass, threaten, upset, embarrass, or alarm another person;
is abusive, insulting or threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
encourages conduct that would be considered a criminal offense or gives rise to civil liability
is defamatory, libelous, or untrue;
infringes the intellectual property rights of any person or entity;
relates to commercial activities;
involves the transmission of “junk” mail or “spam”;
includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
impersonates another person or part of a group, family, organization, or country, which is false or misleading; or
contains corrupted data or any other harmful, disruptive, or destructive files;
in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Tabbed, its affiliates or its customers or other persons to harm or liability of any nature.
may harm the reputation of Tabbed.
Although we have no obligation to monitor any content, we have absolute discretion to remove content at any time and for any reason without notice. Tabbed may also monitor such content to detect and prevent fraudulent activity or violations of these Terms of Use. We take no responsibility and assume no liability for any content, including any loss or damage to any of your content.
If you upload or share prohibited content, we may, without limitation of our other remedies, suspend or terminate your account.
intellectual property
Our Services contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Services and any content on it is and will remain our property or the property of our licensors, if any. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Services. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Services, in whole or in part.
Content uploaded by you
You are solely responsible and liable for the content that you upload or provide while using the Services, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with such content. You represent and warrant to us that the information you provide to us or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy. You understand and agree that we may monitor or review the content you upload, and we have the right to remove, delete, edit, limit, or block or prevent access to any of the content you upload or provide at any time in our sole discretion.
links
Our Services may from time to time provide links to other third-party websites. Our decision to link to a third-party website is not an endorsement of the content, products or services in the third-party website. We do not control these third-party websites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites. We have not investigated or monitored the third-party websites for accuracy or completeness. The third-party websites may have different privacy policies and security standards than our Services.
Third-party agreements
security
We are committed to protecting our users’ personal data. We employ a range of reasonable technical, administrative, and physical safeguards for securing personal data.
While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our Services, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions can be assured due to potentially unsecure devices and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to upload or send information via the Services. We will not be liable for any breach of the security measures on the Services or any loss, misuse, or alteration of information resulting therefrom.
You are responsible for:
properly managing and securing your username and password associated with other accounts through which you authorize access to this Services;
selecting a long and complex password for this Services, as applicable;
changing your password at regular intervals;
not sharing your password with anyone;
not writing down your password; and
logging out of the Services when you finish.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us at
contact@tabbedinc.com of any unauthorized use of your password or Tabbed Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Tabbed and provide all information requested by Tabbed to remediate the breach. Any assistance provided by Tabbed in relation to a security breach does not in any way operate as acceptance or acknowledgement that Tabbed is in any way responsible or liable to you or any other party in connection with such breach. You may be liable for losses, damages, liability, expenses, and fees incurred by Tabbed or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use.
termination
We may suspend or terminate your use of or access to the Services if you fail to comply with these Terms of Use or for any lawful reason, at the Company’s discretion. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
effect of termination
If your Tabbed Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under Payment Terms, all provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, representations and warranties, warranty disclaimers, indemnity and limitations of liability.
communications
By opening an account or otherwise providing your name, email address, and other information, you agree that we may contact you electronically or in any other manner about updates and other Services-related services or to address your inquiry, as applicable. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. You further agree to the use of electronic signatures in our relationship with you.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Tabbed account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
payment terms
You can use the Services to purchase food and drink at participating bars and restaurants. When you provide your Tabbed Account ID to the participating restaurant, you are deemed to have accepted the Service provided by Tabbed and agree to pay the corresponding fees or charges.
When your bill is closed, by the restaurant, Tabbed will charge your preferred payment method (the “Stored Card”) the value of the total amount payable by you for your food and beverage (plus any additional fees as described below).
Your Stored Card will only be charged for the value of the food and beverage services (or your portion thereof). When paid by you, these payments are final and non-refundable, unless otherwise determined by Tabbed. In the event of a check totaling less than $1, we implement an automatic gratuity charge to ensure restaurant staff is compensated at least $1.
You may pre-set a preferred gratuity amount in your Tabbed Account, or you may manually select a gratuity amount once the bill has been started.
Additionally, Tabbed charges restaurant customer users (“Customers”) a fee each time the Service is used (“Service Fee”). The current fee is 2 % of the total bill per transaction.
Tabbed reserves the right to change the Service Fee from time to time, with reasonable prior notice to you in writing.
If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any card on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.
Tabbed, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
If you have any questions or concerns with any charge to your Stored Card, please email us at
contact@tabbedinc.com.license
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services, as authorized in these Terms of Use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
taxes
Unless otherwise stated, the amounts to be paid under these Terms of Use are exclusive of any Taxes (defined below). You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. You also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, and any other transactions arising from or out of your use of the Services, and (b) calculating, collecting, reporting or remitting any Taxes to the appropriate tax and revenue authorities.
Taxes include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, value-added, goods and services tax or similar taxes, gross receipts, excise, sales, withholding, payroll, employment, transfer and recording taxes, imposed by any domestic or foreign taxing authority (“Taxes”).
representations and warranties
You represent and warrant to us that: (a) you have read, understand, and agree to be bound by t these Terms of Use; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Tabbed; (c) you have the right, power and ability to enter into the Terms of Use personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Terms of Use, (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these Terms of Use.
indemnification
You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold harmless Tabbed and our processors, (and our partners, consultants, officers, directors, employees, contractors, agents, affiliates and representatives) from and against all claims, losses, liability, expenses, damages, judgments, awards, tax assessments, penalties, interest, and costs (including reasonable attorney’s fees), rising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Use; (b) your access or use of the Services; (c) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us; (d) your violation of any third-party right, including without limitation any right of privacy; (e) your violation of any law, rule or regulation of the United States or any other country; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.
disclaimer of warranties
To submit a request to exercise any of the rights described above, you may contact Tabbed Inc. either by email to contactus@tabbedinc.com. or contact us via postal mail, proper postage prepaid, at:
USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. Tabbed RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TABBED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT TABBED CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. TABBED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, TABBED MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
limitation of liability
IN NO EVENT WILL TABBED BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICES. TABBED WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL TABBED BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR TABBED ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TABBED IS LIMITED TO THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
Disputes
Any dispute or claim relating in any way to your use of this Services, or to any products or services sold or distributed by us, if any, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must submit an arbitration request, including a description of your claim, to
contactus@tabbedinc.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.
assignment
We may assign these Terms of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.
governing law and venue
These Terms of Use shall be governed by the laws of the State of Delaware applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. Subject to the arbitration provisions noted above, you agree that the state and federal courts located in Delaware shall be the sole and exclusive venue for any legal action or proceeding between Tabbed and you for any purpose concerning these Terms of Use. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to these Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
California users
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
revisions and notices
We may, without advance notice, supplement or change these Terms of Use at any time. Any changes made to these Terms of Use will be effective as soon as we post them on the Services. By accessing and using the Services, you agree to be bound by these Terms of Use as posted on the Services at the time of your access or use. It is your sole responsibility to review these Terms of Use each time you access or use the Services so that you are aware of any changes to these Terms of Use. If any change to these Terms of Use is not acceptable to you, do not access or use the Services.
entire agreement
These Terms of Use constitute the entire agreement between you and Tabbed with respect to the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.