Restarant Terms | Tamu: Restaurant Pre-Ordering

Terms and Conditions

For Restaurant Partners

Welcome to the Tamu Platform 
 

Tamu App Ltd., doing business as Tamu ("we" or "Tamu" or "Company"), provides a mobile customer reservation and payment platform and related services ("Services" or "Tamu Services"), and provides and/or enables related mobile applications ("Apps" or "Tamu Apps"), for use by restaurants, bars and other eating venues (each, a "Merchant Partner" or “User”) 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"). 

 

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 venues to receive, accept, cancel new orders and manage menu inventory.
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. 
Terms: the terms and conditions set out in this document.
Customer: customer who uses Tamu App to make reservations at a Merchant Partner, which supports the App. 

Merchant Partner: a restaurant, or any other eating or drinking establishment who sign up with Tamu and download and use the App. 
Website: the website http://tamuapp.com 

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

2. Signing up
 

2.1. Sign up to Tamu by sending a registration request to Tamu through the link located at here or any other signup link Tamu will provide to the restaurants. 

 

2.2. Once a registration request is lodged and Tamu confirms that a Merchant Partner qualifies under Tamu’s requirements, Tamu will provide Merchant Partners a registration form, which they must complete in order to finalize the sign up credentials. 

 

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

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 view new orders, accept orders, reschedule orders, cancel orders and manage menu inventory.

3.1.1 A Merchant Partner will not have to pay for Tamu to repair or fix a defect with the App under this clause.
 
3.1.2 A Merchant Partner must provide its menu to Tamu for use in connection with the App. We will convert the menu to make it look compatible with the App, and will provide the menu to Customers in connection with their use of the Tamu App. A Merchant Partner must notify us immediately of any changes in their menu. 

 

3.1.3 A Merchant Partner’s staff responsible for reservations and payment at Merchant Partner must go through Tamu’s training.

 

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. Payment 

 

4.1. Once the Order is completed and fulfilled, Tamu will deduct the funds from a Customer’s credit or debit card and will deliver the funds to a Merchant Partner but less any amounts due to payment processing transaction costs per clause 4.3 below, within 3 days of receipt of the funds from a Customer. 

4.2. A Merchant Partner must give bank account information to Tamu’s online payment dashboard during the sign-up process under clause 2.2 in order to enable receipt payments from Tamu. 

4.3. We charge a commission fee of 3.6% on all Orders. This excludes the standard payment taken by the payment gateway provider Stripe (1.4% + 20p per transaction) and we will deduct its fee prior to sending payment to a Merchant Partner. 

4.4. Tamu is not responsible for ensuring the accuracy of the Order. Any queries or issues with the total of the Order shall be directed by a Customer to the Merchant Partner. Tamu’s obligation is only to facilitate the payment of the Order, and to ensure the restaurant has information on the number of customers and expected arrival time for the reservation. 

4.5. Tamu is not responsible for any expenses in the following cases: 

• If restaurant’s menu prices at Tamu differ from current prices at the restaurant and the restaurant has not updated Tamu of the price changes within reasonable time.
• If the restaurant remakes the food because of guest’s late arrival. We advise restaurants to only prepare hot food after the customers arrival. 

5. Refunds and Cancellations when and if applicable
 

After users place an order or group order and wishes to cancel it in good time 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 the refund to the customers. 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 
 

Either party may terminate Tamu Services upon 14 days written notice to the other party. A Merchant Partner should send its termination notice to Tamu via email at contact@tamuapp.com.  

8. Liability 

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAMU BE LIABLE FOR (1) ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, (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 MERCHANT PARTNER IN CONNECTION WITH THE SERVICES OR APP. TAMU IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY MERCHANT PARTNER FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE TAMU APP. 

 

8.2 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 MERCHANT PARTNER 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 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. Marketing

 

Tamu will provide marketing and promotional materials to a Merchant Partner regarding the Tamu App, and a Merchant Partner must ensure that said materials are prominently displayed inside the premises of a Merchant Partner. 

10. GDPR

 

Merchant Partners are provided contact details of customers that place an order. Merchant Partners can not keep or use customer details including but not limited to their Name, Profile Pictures and Contact details outside of Tamu’s process. We will not be liable for any GDPR infringement incurred by Merchant Partners due to contacting customers using personal information outside of the Order process.  

 
 
 
 
 
 
 
 
 
 
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Tamu: Restaurant Pre-Ordering

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Tamu: App for Restaurants

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