These terms of use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the platform provided by Tabsquare Sdn Bhd. (or referred to as “Tabsquare”, “we” or “us”) (collectively the “Platform”). The “Services” we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by Tabsquare and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by Tabsquare.
Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy. If you do not agree with the Terms, please do not access or use the Platform, or the Services.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods (as defined below). If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
Tabsquare reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.
All photos and images of the Goods shown on the Platform are also for illustrative purposes only and may differ from the actual Goods.
1.1 Who we are
Tabsquare is a service provider for AI-Powered in-restaurant technology solutions that leverage data and deep learning algorithms in the F&B industry. We provide an engaging dining experience for restaurants’ customers and help restaurants to eliminate the unwanted dilemma of operations.
1.2 What we do
Through our Platform, Tabsquare links you to vendors (“Vendors”) for you to order prepared meals, catering, beverages, and non-prepared food (hereinafter collectively referred to as (“Goods”) to be served and delivered to you. When you place an order for Goods from our Vendors (“Order”) via the Platform, Tabsquare on behalf of that Vendor to facilitate, process and conclude the Order and subsequently for either us or the Vendor to serve or deliver your Order to you.
1.3 How to contact us
For customer support, you may reach out to us via the Help Center available on the Platform or drop us an email at [email protected]
2.1 In order to use the Platform and purchase an Order, depending on which login method you opt for, you may need to provide us with your mobile number or email address. You may also choose to login as a guest without providing your personal information by choosing the “Continue As Guest” login method.
Depending on the Vendor’s preference, there are times the Platform provides single sign on with your Facebook or Google account.
Save for cases of fraud or abuse which are not your fault, you accept that all Orders you placed on the Platform are your sole responsibility.
2.2 Tabsquare shall not be liable for Orders that encounter issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3 Please refer to Tabsquare’s privacy policy if you wish to delete your personal data collected by Tabsquare, please send us an email requesting the same. We may restrict, suspend or terminate your use of the Platform, if we reasonably believe that you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.
3.1 Activities Prohibited on the Platform
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. Tabsquare reserves the right to investigate and take appropriate legal action against anyone who, in Tabsqaure’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platform for any purpose in violation of local, state, or federal laws or regulations, including any false, deceptive, misleading, or fraudulent purpose;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Tabsquare in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by Tabsquare in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by Tabsquare in its sole discretion;
3.1.9 impersonating another person when using the Platform;
3.1.10 harvesting or otherwise collecting information about others, including email addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platform;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of Tabsquare, exposes Tabsquare or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 Tabsquare reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any violation of the Platform does not conform to these Terms;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platform upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platform; and
3.2.5 edit or delete any content posted on the Platform, regardless of whether such content violates these standards.
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Tabsquare and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Tabsquare will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Tabsquare neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Tabsquare. Use of any materials on the Platform is at your own risk.
5.1 Some of the Goods offer on the Platform are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to serve or deliver to you based on the relevant statutory requirements of the time being in force. By placing an order for Restricted Goods, you confirm that you meet the legal requirements to purchase them.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. Tabsquare, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they serve or deliver Alcohol;
5.2.2 to refuse serving or delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse serving or delivery to any person for any reason whatsoever.
6.1 When you place an Order with on the Platform, Tabsquare will confirm your Order by sending you a confirmation page [shown on your mobile screen] containing the Order details. Where applicable, Orders will include delivery fees and any applicable tax (e.g. GST etc.).
6.2 Minimum Order Value – Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions –Tabsquare and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Tabsquare and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Tabsquare nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens –Tabsquare is not obligated to provide ingredient information or allergen information on the Platform. Further, Tabsquare does not guarantee that the Goods sold by Vendors are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on the Platform.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6 For delivery services: Prior to placing the Order, you are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.7 Placing the Order
Please follow the onscreen instructions to complete an Order. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click to place an Order. An Order is successfully placed when you receive a confirmation page [on your mobile screen] containing your Order details.
6.8 Cancelling an Order
By placing an Order on the Platform, you accept and agree to the relevant cancellation policy of the Vendor and to any additional terms and conditions of the Vendor that may apply to you. Please contact the Vendor directly if you wish to cancel your Order after it has been placed. It is at the Vendor’s discretion as to whether they will accept an Order cancellation.
The Vendor may cancel an Order at any time. The Vendor may, for example, reject an Order if they are too busy or the Goods you have ordered are unavailable.
6.9 Refunds
By accepting the Goods provided by the Vendor on the Platform, you accept and agree that the Vendor’s relevant refund policy may apply to you. Please check the terms and conditions of a Vendor’s service (if any) thoroughly for any such conditions prior to placing an Order or making a purchase through the Platform.
Where you request for a refund (Refund Request), the approval of the Refund Request will be determined by the Vendor in accordance with the Vendor’s cancellation and refunds policy.
You acknowledge and agree that we have no control of any Vendor’s cancellation and refunds policy and that we will not be responsible for any result or consequence of a request for a cancellation or refund from the Vendor.
Where there is a dispute in relation to the application of the Vendor’s cancellation or refund policy, we may intervene and assist in resolving any such dispute upon being notified by you or the Vendor. We may, at our discretion, implement a cancellation and refund policy and, by continuing the use of the Platform after receiving notice of a cancellation and refund policy, you agree to be bound by any such policy. In the event of any inconsistency between our policy and a Provider’s policy, our policy will prevail. We may require you to provide additional information prior to processing any refund.
6.10 Tabsquare reserves the right to cancel any Order and/or suspend, deactivate or terminate your use of the Platform in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Order.
7.1 Prices and additional charges (including but not limited to delivery, small order or service fees) indicated on the Platform are as at the time of each Order and may be subject to change.
7.2 A breakdown of the prices and additional charges (including but not limited to delivery, small order or service fees) are displayed before checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 You can choose to pay for an Order using any of the different payment methods offered on the Platform including:
7.3.1 Our payment partners:
7.3.2 Cash-on-Delivery; or
7.3.3 Such other payment methods we offer from time to time.
7.4 After an Order is successfully placed, you will see a confirmation page display along with your Order receipt.
7.5 Payment Methods
Tabsquare reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future Orders. Tabsquare does not store your credit card or payment information.
7.10 You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order.
8.1 Delivery Time
The Vendor or Tabsquare (as the case may be) shall deliver your Order to the delivery address provided by you. Where applicable, an estimated delivery time may be provided to you but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, the Vendor or Tabsquare reserves the right not to deliver your Order to you.
8.2 Unsuccessful or Failed Deliveries
8.2.1 Without prejudice to any other clauses in these Terms, in cases where Tabsquare or the Vendor attempts to deliver an Order but are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order;
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided;
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods,
we will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, Tabsquare or the Vendor reserves the right to cancel the Order without refund or remedy to you.
8.2.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, the Vendor reserves the right to cancel the Order without refund or remedy to you.
8.3 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact the Vendor. In some cases, Tabsquare may request for photographic proof and/or additional information to properly investigate the issue with your Order.
8.4 Pick-Up
8.4.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises. Your confirmation page will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
8.4.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
9.1 From time to time, the Platform may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, use restrictions, limits and/or other availability.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including vendor-specific terms) may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on the Platform.
9.4 Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash.
9.5 Tabsquare may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers at any time without prior notice. Tabsquare and/or the Vendor further reserves the right to void, discontinue or reject the use of any Voucher without prior notice.
9.6 Tabsquare and/or the Vendor may at its sole and absolute discretion forfeit, exclude, disqualify or refuse you or certain Vendors from the use of Vouchers at any time without prior notice.
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.
All photos and images of the Goods are also for illustrative purposes only and may differ from the actual Goods.
While Tabsquare makes reasonable efforts to ensure the provision of the Platform and the Services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
10.2 Limitation of Liability
To the extent permitted by law, Tabsquare (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our Services, and any website linked to our Platform and any content or material posted on it (if any). Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The Tabsquare entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Tabsquare entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Tabsquare, the Tabsquare entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
Tabsquare shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods. Tabsquare does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photographs and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
Vendors are solely responsible for the preparation, condition and quality of Goods sold to you. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Tabsquare shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Vendor.
You agree and consent to Tabsquare and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is incorporated by reference herein and accessible here (link for privacy policy) or via the links on our Platform.
You agree to indemnify us for all reasonable losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
The Platform may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. We do not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
Tabsquare has the right to terminate, suspend or delete your access to or use of the Platform, including any services we provide to you in respect of an Order, for any reason, including, without limitation, if Tabsquare or the Vendor in its sole discretion:
considers your use to be unacceptable;
suspects or discovers you to have been involved in any activity or conduct that is in breach of any of the Terms.
Tabsquare or the Vendor may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
Tabsquare may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting, subject to applicable laws. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
These Terms shall be governed by and construed in accordance with the laws of the country or state in which TabSquare entity that is party to the Terms is domiciled, without regard to choice of law principles. You agree that any legal actions or proceedings arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of the country in which the TabSquare entity that is party to the Terms is domiciled.
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
