User Agreement

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://www.table.bm and all affiliated web sites owned and operated solely by Gateway System Limited (collectively, the "Table.bm"). As used in this Agreement, "Table.bm" refers to Gateway System Limited and any of its subsidiaries, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE TABLE.BM SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, TABLE.BM'S PRIVACY POLICY, AND TABLE.BM'S DINING REWARDS TERMS AND CONDITIONS.

Table.bm may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the Table.bm Site after a change in this Agreement, a change in the Privacy Policy, 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
Table.bm 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 Table.bm Site directly contacts the Restaurant's computerized database of reservations or via e-mail as appropriate. The availability of reservations is determined at the time of USER's query. Once a reservation is made by USER, Table.bm will provide confirmation of the reservation request to USER by email. The Restaurant will supply the final reservation confirmation details. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the Table.bm Site.

2. NO SHOW POLICY
Table.bm is committed to providing superior quality services to both 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 60 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 cancelation policy. Please enquire what that policy is if you have to put down a credit card.

3. PRIVACY POLICY
Table.bm is committed to safeguarding your on-line privacy. We will not share your e-mail with anyone.

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.). Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. Table.bm expressly reserves all its rights and remedies under applicable laws.

Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. Table.bm reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.

5. E-MAIL POLICY
USER may receive periodic emails from Table.bm if you opted to receive such email at the time of registration with the Table.bm Site. If you would rather not receive email from Table.bm, please send an email to unsubscribe@Table.bm and you will be unsubscribed from receiving further mailing. USER acknowledges and agrees, however, that USER will still receive reservation confirmation emails, no-show confirmation emails, reservation change confirmation emails, reservation cancelation confirmation emails and other emails relating to reservations booked by USER through the Table.bm Site, even if USER has opted not to receive periodic email from Table.bm. While you cannot unsubscribe from all service messages, you may select not to receive future diner-feedback invitation emails by following the "unsubscribe" instructions provided. You will never receive email from any third party affiliated with Table.bm, such as a Restaurant, unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

6. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
The materials and services provided for and depicted on the Table.bm Site are protected by copyright, trademark, and other intellectual property laws. All text, graphics, video, data or other content on the Table.bm Site ("Table.bm Content") is provided to USER by Table.bm for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the Table.bm Content or any information, software, or services provided by Table.bm hereunder. The Table.bm Content may be modified from time to time by Table.bm at 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 Table.bm content by the USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Table.bm or its licensors in the Services or Table.bm 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 Table.bm or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of Table.bm or its licensors in the Services or Table.bm 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 Table.bm or any third party is granted under this Agreement.

7. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At Table.bm’s invitation, USER may submit comments, 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, libelous, 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. Table.bm reserves the right (but not the obligation) to remove or edit such content.

If you do submit material, and unless we indicate otherwise, you grant Table.bm a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Table.bm for all claims resulting from content you supply. Table.bm has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Table.bm in its sole discretion. Table.bm takes no responsibility and assumes no liability for any content submitted by you or any third party.

8. ACCESS AND INTERFERENCE
Much of the information on the Table.bm Site is updated on a real time basis and is proprietary or licensed to Table.bm by its Restaurants or third parties. By using the Table.bm Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the Table.bm Site for any purpose without Table.bm’s express written permission.
  • Take any action that imposes or may impose (at Table.bm’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy Table.bm Content from the Table.bm Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Table.bm Site.
  • You must have JavaScript enabled to use this site. Portions of the Table.bm Site, including but not limited to: making, modifying or canceling reservations, may not be accessible with JavaScript disabled.

9. LIABILITY LIMITATIONS
IN NO EVENT SHALL TABLE.BM 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 TABLE.BM SITE OR THE TABLE.BM CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE TABLE.BM 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 TABLE.BM 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 TABLE.BM SITE OR THE TABLE.BM CONTENT. ASIDE FROM THE SERVICES PROVIDED ON THE TABLE.BM SITE. TABLE.BM 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.

10. DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE TABLE.BM SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE TABLE.BM CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TABLE.BM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE TABLE.BM SITE, THE TABLE.BM 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.

11. LINKS TO THIRD PARTY SITES
The Table.bm Site may contain hypertext links to Web sites operated by parties other than Table.bm. Such hypertext links are provided for USER's reference only and Table.bm does not control such Web sites and is not responsible for their content. Table.bm's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

12. SEVERABILITY
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.

13. 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 Table.bm.

14. WAIVER
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.

15. JURISDICTION
This Agreement is made under and shall be governed by and construed in accordance with the laws of Bermuda, without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the Bermuda courts.