User Terms | Tamu: Restaurant Pre-Ordering

Terms and Conditions

For User App and Website

Welcome to the Tamu Platform 
 

Tamu App Limited, doing business as Tamu ("we" or "Tamu" or "Company"), provides a a food pre ordering and dining platform and related services ("Services" or "Tamu Services"), and provides and/or enables related mobile applications, software applications, websites, and micro sites ("Apps" or "Tamu Apps"), for use by restaurants, bars and other eating or drinking venues (each, a "User Venue") to accept orders and reservations remotely, get paid in advance, and seat and serve customers upon arrival, among other functions. Tamu provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions ("User Terms" or "Agreement"). 

If you have any questions relating to these terms and conditions please contact contact@tamuapp.com before you place an order. If you do not accept these terms and conditions in full please do not use our Service. 

By accessing, downloading, copying, and/or using Tamu, including the App, and/or the Services, you agree to these User Terms. 

THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TAMU APP LTD, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.

 

1. Definitions

 

When the following words are used in these Terms, this is what they will mean: 

App: the mobile application created by Tamu which allows a User to locate a Venue, open a Order at a Venue and pay for their purchases at the Venue. 
Stripe: a PCI DSS compliant payment gateway to store, process and transmit a User's credit or debit card payment data. 
Device: a User's mobile telephone, smartphone or handheld device. 
Intellectual Property Rights: means (without limitation) any patents, rights to inventions, copyright and related rights, trademarks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Notification: the email/push sent from Tamu to a User. 
Tamu: Tamu App Limited, 20 Bedford Road, Northwood, HA6 2AZ doing business as Tamu. 
Order: the digital medium through which User(s) confirm their use of the App, the Venue communicates to the User(s) the total amount payable by any customers of the Venue in a particular group and through which the User(s) can pay a proportion of the total amount where and if applicable. 
Order Holder: the person in whose name the Order is opened. 
Order Admin: the person who invites another person for a group Order. 
Terms: the terms and conditions set out in this document.
User(s): customers who sign up with Tamu and download and use the App. 
Venue: a restaurant or a place which supports the App. 
Website: the website http://tamuapp.com 

The words "writing" or "written" in these Terms will include e-mail, unless specified otherwise. 

 

These are the terms and conditions on which Tamu supplies the App to you. 
By downloading the App from the Website you accept and agree to be bound by these Terms and the license contained within them, including the Tamu Privacy policy. We may at any time modify these Terms. 

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of United Kingdom.

2. Signing up
 

2.1. Sign up to Tamu will not be confirmed until the following information has been provided and verified by Tamu and Stripe: 

2.1.1. - first name and surname, mobile number or email; 

2.1.2. - valid credit or debit card details (only if applicable). 

 

2.2. To ensure the required level of payment security, Tamu currently uses Stripe to collect payments from Users on behalf of Venues. Tamu reserves the right to change its payment provider at its discretion, provided any such payment provider meets the security compliance level above. 

 

2.3. Upon confirmation of the details in 2.1.1 and 2.1.2 above, Users will be connected to Tamu to complete the sign up details. 

 

2.4. Users can import the relevant information in 2.1.1 and 2.1.2 above from social networking accounts on Facebook. Users consent to the use of their personal information, including profile photographs, if they follow this course of action. 

 

2.5. You can only have one Tamu account at any time. We do not allow Users to have multiple accounts for the same individual. Attempting to and/or establishing multiple accounts for the same user (even if such accounts are registered with different profiles, emails, phone numbers, payment methods, and etc.) violates this Agreement. We reserve the right to take corrective action at our sole discretion (including but not limited to suspending or terminating Service and/or deleting accounts) in the event you attempt to and/or establish multiple accounts with us.

3. Using the App 

 

3.1. Tamu will supply the full App service to you from the date that the details in clause 2 are confirmed. These services include the ability to pre-pay and pre-order food for restaurant reservations and create groups. 

 

3.2. Tamu will make every effort to ensure the App is operational 24 hours a day, 7 days a week. However, there may be issues or delays due to events outside Tamu’s control. 

 

3.3. Tamu may have to suspend the App if it has to deal with technical problems, or to make improvements. Tamu will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay any outstanding amounts on open Orders (as may be notified to the Users by Tamu). 

 

3.4. In the unlikely event that there is any defect with the App: 

• please contact Tamu as soon as reasonably possible; 

• please give Tamu a reasonable opportunity to repair or fix any defect; 

 

Tamu will use every effort to repair or fix the defect as soon as reasonably practicable. You will not have to pay for Tamu to repair or fix a defect with the App under this clause 3.4. 

 

3.5. You represent, warrant, and agree that you will not use the Services or App, interact with the Services or App, in a manner that: 

 

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Tamu); 

 

(b) Violates any law or regulation, including, without limitation, any applicable export control laws; 

 

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; 

 

(d) Jeopardizes the security of your Tamu account or anyone else’s (such as allowing someone else to log in to the Services as you); 

 

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; 

 

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes; 

 

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); 

 

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); 

 

(i) Copies or stores any significant portion of the Content; or 

 

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. 

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

4. Venue

 

4.1. When you enter the Venue you acknowledge that any purchases you make are the subject of a contract between you and the Venue. All queries or orders should be directed to staff at the Venue. 

4.2. Users are required to open a new Order before arriving at the Venue: 

• Each Order is in the name of a single Order Holder until further notice; 

• Additional Users may be invited to join group orders and the invitor becomes the Order Admin. Each order in a group Order will be under the names of their respective Order Holders, however will be sent to the Venue under the name of the Order Admin. 

4.3. It is the Order Holder's responsibility to ensure that their Order is accurate and reflects the goods purchased from the Venue. Tamu is not responsible for ensuring the accuracy of the Order. Any queries or issues with the total of the Order should be directed to the Venue. Tamu's obligation is only to facilitate the payment of the amount shown on the Order. 

4.4. The Order Admin can use the App to apportion amounts of payments, but it is the responsibility of the Order Holder to ensure that the full amount is settled. A Venue will not receive an Order until it has been settled in full. 

4.5. It is the Order Admins responsibility that any and all Users on the Order are at the Venue at the time for which the Order is scheduled. The Order Holder agrees to be the Venue at the time for which the Order is scheduled when he or she clicks “Place Order” on the App. Tamu is not responsible for any additional charges the Order Holder may incur from the Venue due to being late to the time when the Order is scheduled

5. Refunds and Cancellations when and if applicable
 

5.1. All charges and payments will be enabled by Tamu using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Tamu may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Tamu. 

 

5.2. After you place an order or group order, you cannot cancel the order in the app at the moment, however please contact us on our support line in-app or at 07463496679 and we will call the venue to inform them regarding the cancellation. If the restaurant has not begun preparing your food and is okay with the cancellation we will process your refund within 3 working days. . Orders cancelled by the restaurant due to unavailability will be immediately refunded.

6. Intellectual Property Rights 
 

6.1. In consideration of you agreeing to abide by these Terms, Tamu grants you a non-transferable, non-exclusive license to personally and non-commercially use the App on the Device, subject to these Terms, the Privacy Policy and any other applicable rules. Tamu reserves all other rights. 

6.2. You may download or stream a copy of the App onto your Device, to view, use and display the App on the Device for your personal purposes only. 

6.3. You acknowledge that all Intellectual Property Rights in the App anywhere in the world belong to Tamu or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.

7. Termination 
 

We may at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Tamu Services. Cause for such termination shall include, but not be limited to: (a) violations of these Terms of Use; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) provision of the Tamu Services to you becoming unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by us in our sole discretion, without any refund to you of any prepaid fees or amounts, and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Tamu Services. If you want to terminate your account, you may notify Tamu in writing via email at contact@tamuapp.com.

8. Liability 

8.1. The Order Holder is responsible for ensuring that the full amount of the Order is paid, regardless of whether there are items that were ordered by people not using the App. If there is any amount outstanding on a group Order, the Order Admin will have that amount automatically deducted from his/her credit or debit cards. Tamu is not liable to cover any outstanding amounts on an Order. 

8.2. The Order Holder is solely responsible for any and all charges incurred at the Venue placed or incurred outside of the App. 

8.3. The Services or App may contain links or connections to third party websites or services that are not owned or controlled by Tamu. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Tamu is not responsible for such risks. We encourage you to be aware when you leave our Services or App and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. 

8.4. Tamu will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services or App, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services or App, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Tamu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 

8.5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAMU BE LIABLE FOR (A) ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF £100 OR THE AMOUNTS PAID BY YOU TO TAMU IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; FOR EACH OF THE FOREGOING, EVEN IF TAMU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR AMOUNTS, AND TO THE EXTENT SUCH DAMAGES OR AMOUNTS ARISE OUT OF OR ARE CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES OR APP, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE TAMU APP), OR (4) THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY VENUE IN CONNECTION WITH THE SERVICES OR APP. TAMU IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY VENUE FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE TAMU APP. 

8.6. THE SERVICES, THE APP, ALL TAMU CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR APP, ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. Tamu EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Tamu DOES NOT WARRANT THAT YOUR USE OF THE SERVICES OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT Tamu 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. TAMU 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 TAMU.

9. How we may use your personal information

 

9.1. You provide us with information when you sign up to Tamu. Tamu will also collect information from all of its Users about their use of the App. Any information on Users or their use of the App is subject to the Tamu Privacy Policy. By using Tamu, you consent to use of that information and warrant that all information provided by you is accurate. 

 

9.2. You may be offered the option to link one or more social networking profiles to your profile or Tamu.

10. Other important terms

 

10.1. Tamu may transfer its rights and obligations under these Terms to another organization, and will always notify you in writing if this happens, but this will not affect your rights or its obligations under these Terms. 

10.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing. 

10.3. This contract is between you and Tamu. No other person shall have any rights to enforce any of its terms under the Contracts. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). Except as expressly set forth in the section above regarding the Apple App, you and Tamu agree there are no third party beneficiaries intended under these Terms. 

10.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

10.5. If Tamu fails to insist that you perform any of your obligations under these Terms, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If Tamu does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.

 

10.6. 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 Tamu or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the the courts in the United Kingdom.

 
 
 
 
 
 
 
 
 
 
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Tamu: Restaurant Pre-Ordering

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Tamu: App for Restaurants

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