Terms of Service

1. Introduction and Acceptance

Welcome to Apetables, a service provided by Ape Vibe Ltd (Company Registration Number: 16462359), a company registered in England and Wales ("we," "us," "our," or "Apetables").

These Terms of Service ("Terms") constitute a legally binding agreement between Apetables and you (the "User") regarding your use of our restaurant management platform and related services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

3. Service Description

Apetables provides a comprehensive restaurant management platform that enables Users to:

• Create and maintain a white-label branded website
• Accept and manage online orders for delivery, collection, and dine-in
• Process table bookings and reservations
• Enable QR code-based tableside ordering
• Manage menus, pricing, and availability
• Process payments securely through integrated payment providers
• Track orders and customer data
• Communicate with Consumers through automated notifications

The specific features available to each User depend on their agreement.

4. User Eligibility and Registration

4.1 Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate food service business
• Hold all necessary licenses and permits required to operate your business
• Comply with all applicable laws and regulations

4.2 Account Registration

To access the Platform, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized access or security breach
• Ensuring all information provided remains accurate and up-to-date

5. Fees and Payment Terms

5.1 Monthly Rental Fee

Users agree to pay the Monthly Rental Fee as specified in their chosen subscription plan. The Monthly Rental Fee is:

• Billed in advance on a recurring monthly basis
• Non-refundable except as required by law
• Subject to change with 30 days' prior written notice
• Payable by the payment method specified in your account

5.2 Platform Fee

In addition to the Monthly Rental Fee, Users agree to pay a Platform Fee for each transaction processed through the Platform. The Platform Fee:

• Is calculated as a percentage of each transaction value and/or as a fixed amount per transaction
• Covers payment processing, fraud protection, and platform maintenance costs
• Is automatically deducted from transaction proceeds before settlement to the User
• May vary based on transaction type, payment method, and subscription plan
• Is subject to change with 30 days' prior written notice

5.3 Payment Processing

All payments are processed through our integrated third-party payment providers. You agree to:

• Comply with the payment provider's terms and conditions
• Provide accurate and complete payment information
• Authorize us to charge your payment method for all applicable fees
• Pay all applicable taxes in addition to the stated fees

5.4 Late Payments

If any payment is not received by the due date, we reserve the right to:

• Suspend or terminate your access to the Platform
• Charge late payment fees and interest as permitted by law
• Pursue collection through legal means

6. User Responsibilities and Obligations

6.1 Business Operations

As a User, you are solely responsible for:

• All aspects of your restaurant business operations
• Food quality, safety, and preparation
• Fulfilling all orders placed by Consumers
• Customer service and dispute resolution with Consumers
• Compliance with food safety regulations and health codes
• Obtaining and maintaining all necessary business licenses and permits
• Setting accurate menu prices, descriptions, and availability
• Managing delivery or collection arrangements

6.2 Content Responsibility

You are responsible for all content you upload to the Platform, including:

• Menu items, descriptions, images, and pricing
• Business information and branding
• Promotional materials and marketing content

You warrant that all content you provide does not infringe on any third-party rights and complies with all applicable laws.

6.3 Prohibited Activities

Users must not:

• Use the Platform for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Platform
• Interfere with or disrupt the Platform's operation
• Use automated systems to access the Platform without permission
• Resell or redistribute the Platform services
• Share account credentials with unauthorized parties

7. Relationship with Consumers

The Platform facilitates transactions between Users and Consumers. However, Apetables:

• Is not a party to the contract between Users and Consumers
• Does not prepare, sell, or deliver food products
• Is not responsible for the quality, safety, or legality of items sold by Users
• Is not liable for any disputes between Users and Consumers
• Acts solely as a technology service provider

Users are solely responsible for their relationship with Consumers and for resolving any disputes, including refunds, cancellations, and complaints.

8. Intellectual Property Rights

8.1 Apetables IP

All intellectual property rights in the Platform, including software, design, trademarks, and content, are owned by Apetables or our licensors. Users are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purpose.

8.2 User Content License

By uploading content to the Platform, you grant Apetables a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Services.

9. Data Protection and Privacy

We are committed to protecting your privacy and the privacy of Consumers. Our collection, use, and processing of personal data is governed by our Privacy Policy, which forms part of these Terms.

As a User, you act as a data controller for Consumer data collected through your use of the Platform. You are responsible for:

• Complying with all applicable data protection laws (including UK GDPR)
• Obtaining necessary consents from Consumers
• Providing Consumers with appropriate privacy notices
• Responding to Consumer data subject access requests
• Securing Consumer data appropriately

10. Service Availability and Modifications

10.1 Service Availability

While we strive to provide continuous service availability, we do not guarantee that the Platform will be available at all times. We may suspend or restrict access for maintenance, updates, or due to factors beyond our control.

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of services.

11. Term and Termination

11.1 Term

These Terms commence on the Effective Date and continue until terminated by either party.

11.2 Termination by User

You may terminate your account at any time by providing written notice to Apetables. Termination will be effective at the end of your current billing cycle. No refunds will be provided for partial months.

11.3 Termination by Apetables

We may suspend or terminate your account immediately if:

• You breach these Terms
• You fail to pay fees when due
• You engage in fraudulent or illegal activities
• Your use of the Platform poses a security risk
• We are required to do so by law

11.4 Effect of Termination

Upon termination:

• Your access to the Platform will cease immediately
• You remain liable for all outstanding fees and charges
• We may delete your account data in accordance with our data retention policies
• Provisions that by their nature should survive termination will continue to apply

12. Disclaimers and Limitation of Liability

12.1 Service Disclaimer

12.2 Limitation of Liability

12.3 Exclusions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Apetables, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your breach of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Disputes between you and Consumers
• The quality, safety, or legality of products you sell

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Informal Resolution

Before initiating formal proceedings, parties agree to attempt to resolve disputes informally by contacting us at [email protected].

15. General Provisions

15.1 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Platform. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Apetables regarding the Platform and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Third-Party Services

The Platform may integrate with third-party services (such as payment processors). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the actions, content, or services of third parties.

15.8 Notices

All notices under these Terms must be in writing and delivered by email or registered post. Notices to Apetables should be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

16. Consumer Rights

If you are a consumer (not acting in the course of business), you may have additional rights under consumer protection legislation. Nothing in these Terms affects your statutory rights as a consumer.

For UK consumers, you have the right to cancel your subscription within 14 days of signing up for our services (cooling-off period). To exercise this right, contact us at [email protected].

17. Tax Obligations

Users are responsible for determining and paying all applicable taxes arising from their use of the Platform and transactions with Consumers. This includes but is not limited to:

• Value Added Tax (VAT)
• Income tax
• Corporation tax
• Business rates
• Any other applicable taxes or duties

Apetables does not provide tax advice. Users should consult with qualified tax professionals regarding their tax obligations.

18. Insurance Requirements

Users are required to maintain appropriate insurance coverage for their business operations, including but not limited to:

• Public liability insurance
• Product liability insurance
• Employer's liability insurance (if applicable)
• Business interruption insurance (recommended)

Apetables is not responsible for any losses, damages, or liabilities arising from your business operations that would typically be covered by appropriate insurance.

19. Refunds and Cancellations

19.1 Monthly Rental Fee Refunds

Monthly Rental Fees are non-refundable except:

• Within the 14-day cooling-off period for new UK consumer accounts
• Where required by applicable law
• At our sole discretion in exceptional circumstances

19.2 Platform Fee Refunds

Platform Fees are non-refundable once a transaction has been processed. In cases of transaction disputes between Users and Consumers, Users are responsible for issuing refunds directly to Consumers through the Platform's refund functionality.

19.3 Chargebacks

Users are responsible for managing chargebacks and disputes related to Consumer transactions. Excessive chargebacks may result in account suspension or termination and additional fees.

20. Support and Service Level

Apetables provides customer support through email business hours. While we strive to respond promptly to all inquiries, we do not guarantee specific response times unless specified in a separate service level agreement.

Support is provided in English. Technical support covers issues with the Platform itself but does not extend to general business advice, third-party integrations not provided by Apetables, or issues arising from User error or misuse.

21. Compliance and Legal Requirements

Users must comply with all applicable laws and regulations, including but not limited to:

• Food safety and hygiene regulations (Food Safety Act 1990, EU Food Hygiene Regulations)
• Allergen information requirements (EU Food Information to Consumers Regulation)
• Consumer protection laws (Consumer Rights Act 2015)
• Data protection laws (UK GDPR, Data Protection Act 2018)
• Electronic commerce regulations (Electronic Commerce Regulations 2002)
• Distance selling regulations
• Trading standards requirements
• Alcohol licensing laws (if applicable)
• Employment laws

Users are solely responsible for ensuring their compliance with all applicable laws. Apetables does not provide legal advice and is not responsible for User non-compliance.

22. Contact Information

If you have any questions about these Terms of Service or need to contact us for any reason, please use the following information:

23. Acknowledgment

Related Policies

These Terms should be read in conjunction with our other policies: