This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the restaurant reservation services (the "Services") being offered at the URL http://toptable.co.uk and all affiliated websites and mobile applications owned and operated solely by OpenTable International Limited, along with its parent company, subsidiaries or other affiliated companies(collectively, the "toptable Site"). As used in this Agreement, "toptable" refers to OpenTable International Limited,its parent company; its subsidiaries and other affiliated companies, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE TOPTABLE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, AND TOPTABLE'S DINING REWARDS TERMS AND CONDITIONS (COLLECTIVELY, THE “TOPTABLE POLICIES)”.
toptable may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the toptable Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. WHAT WE DO
toptable provides the Services to USER for the purpose of assisting USER in securing dining reservations at participating third party restaurants (each a "Restaurant"). In response to a USER's online request, the toptable Site directly contacts the Restaurant's computerised database of reservations. The availability of reservations is determined at the time of USER's query. Once a reservation is made by USER, toptable will provide confirmation of the reservation to USER by email. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the toptable Site.
2. NO SHOW POLICY
toptable is committed to providing superior quality services to its USERS and Restaurants. To assist us in maintaining a consistently high level of service with the participating Restaurants and patrons, USERS are asked to cancel any reservations that they will be unable to honour at least 30 minutes in advance on the day of the reservation. You may cancel your reservation online or call the restaurant directly. In the case of larger party reservations, where the restaurant has requested a credit card, you may be required to cancel your reservation in accordance with that restaurant's individual cancellation policy, which will always be shared with the USER at the time the reservation is made.
If you are unable to keep your reservation and you fail to cancel, toptable will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Restaurant and/or the toptable Site reports your reservation was not honoured, whether or not that was in fact the case. Your toptable account will be terminated if you no-show for four reservations within the same twelve-month period. If you receive a no-show confirmation email in error, please click here for information on how to dispute it. USER agrees that all final no-show determination will be made by toptable in its sole discretion.
4. USAGE GUIDELINES
The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book reservations at participating Restaurants and then honour those reservations by arriving at the Restaurant(s) on time and ordering and paying for a meal. USER further agrees not to book more than one (1) reservation for USER's personal use during any one meal time (e.g. lunch, dinner, etc.). USER may be able to book multiple reservations through toptable's Administrative Assistant and/or Concierge programmes. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. toptable expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. toptable reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.
5. TOPTABLE DINING REWARDS
USER may be able to participate in toptable's USER benefits programme, TOPTABLE DINING REWARDS. Participation is subject to toptable Dining Rewards Terms and Conditions.
6. EMAIL POLICY
7. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
The materials and services provided for and depicted on the toptable Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the toptable Site ("toptable Content") is provided to USER by toptable for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the toptable Content or any information, software, or services provided by toptable hereunder. The toptable Content may be modified from time to time by toptable in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the toptable Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of toptable or its licensors in the Services or toptable Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of toptable or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of toptable or its licensors in the Services or toptable Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of toptable or any third party is granted under this Agreement.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At toptable’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g. foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. toptable reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
9. ACCESS AND INTERFERENCE
Much of the information on the toptable Site is updated on a real time basis and is proprietary or licensed to toptable by its Restaurants or third parties. By using the toptable Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the toptable Site for any purpose without toptable’s express written permission.
Take any action that imposes or may impose (in toptable’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy toptable Content from the toptable Site without express written permission.
Utilise any device, software or routine that will interfere or attempt to interfere with the functionality of the toptable Site.
10. LIABILITY LIMITATIONS
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL TOPTABLE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE TOPTABLE SITE OR THE TOPTABLE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE TOPTABLE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE TOPTABLE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE TOPTABLE SITE OR THE TOPTABLE CONTENT. TOPTABLE IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT IN WHICH A USER HAS MADE A RESERVATION. TOPTABLE IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT.
11. DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMMES, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE TOPTABLE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE TOPTABLE CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TOPTABLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE TOPTABLE SITE, THE TOPTABLE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
13. ACCESS TO THIRD PARTY SITES
The toptable Site may contain links or other access to Web sites operated by parties other than toptable. Such links or access are provided for USER's reference only and toptable does not control such Web sites and is not responsible for their content. toptable's inclusion of any links or access to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. toptable is not liable for the statements, conduct, good or services of any third party.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
15. NO ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by toptable.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
17. CHOICE OF LAW
REVISION DATE: March 16th, 2012