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Terms & Conditions

These Terms and Conditions govern all use of the thetablemenu.co.uk website and all content, services, and products available through the website (collectively referred to as the “Site”, “Website”).  The Site is owned and operated by SMART HUB TECH LTD a company registered in England and Wales under number 12746773 whose registered office is at 12 Williamsburg Plaza, London, United Kingdom, E149XX (collectively referred to as the Operator, “We” and “Us” or “Our”)  You are deemed to have accepted and acknowledged that these Terms of Use are made effective as of the date of your use of this website or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site.  1.1 Definitions and Interpretation  1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
  1. “Account” means an account required to access and/or use certain areas of our Site, as detailed in Clause 11;
  2. “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of  information capable of being stored on a computer that appears on, or forms part of, our site;
  3. “Platform” means our website builder platform, provided on our Site for the creation, editing, and hosting of User Sites;
  4. “User” means a user of our Site (collectively referred to as “You” and “Your”)
  5. “User Content” means any Content uploaded by a User;
  6. “Digital Menu” means a website created by a User using Our Platform, which shall contain User Content and be hosted by Us;
  7. “We/Us/Our” means SMART HUB TECH LTD, a limited company registered in England under company number 12746773, whose registered address is 12 Williasmburg Plaza London, United Kingdom, E149XX
  8. “Business day” means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
  9. “QR Code” means a type of barcode that contains a matrix of dots. It can be scanned using a QR scanner or a smartphone with a built-in camera. Once scanned, software on the device converts the dots within the code into numbers or a string of characters. For example, scanning a QR code with your phone might open a URL in a smartphone’s web browser.
  10. “Subscription” refers to the payment method required by a customer to access our premium products and features.
1.2 The headings in these Terms of Use are for convenience only and do not affect their interpretation. 1.3   Words imparting the singular number shall include the plural and vice-versa.
  1. Access to our site
2.1 Access to our site is free of charge. 2.2 It is your responsibility to make any and all arrangements necessary in order to access our site. 2.3 Access to our site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
  1. Viruses, Malware, and Security
3.1 We exercise all reasonable skill and care to ensure that our site is secure and free from viruses and other malware, including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that our site is secure or free from viruses or other malware and accept no liability in respect of the same. 3.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. 3.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our site. 3.4 You must not attempt to gain unauthorised access to any part of our site, the server on which our site is stored, or any other server, computer, or database connected to our site.  3.5 You must not attack our site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 3.6 By breaching the provisions of sub-Clauses 3.3 to 3.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our site will cease immediately in the event of such a breach. 
  1. Availability of Website and Services 
4.1 We shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.  4.2 You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.  4.3 You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
  1. Acceptable Usage Policy
5.1 You may only use our site in a manner that is lawful and that complies with the provisions of this Clause 5. Specifically:
  1. you must ensure that you comply fully with any and all local, national, or      international laws, and/or regulations;
  2. you must not misleadingly impersonate any person or otherwise misrepresenting your identity or affiliation in a way that is calculated to deceive
  3. you must not use our site in any way, or for any purpose, that is unlawful or fraudulent;
  4. you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  5. you must not use our site in any way, or for any purpose, that is intended to harm any person or persons in any way.
5.2 When using our site, you must not communicate or otherwise do anything that:
  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
  6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive
  8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
  9.  implies any form of affiliation with Us where none exists;
  10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; 
  11. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.3 We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of this Clause 5 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:
  1. removing your User Content (including, but not limited to, any UserSites) from our site;
  2. issuing you with a written warning;
  3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
  4. further legal action against you as appropriate;
  5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  6. any other actions which We deem reasonably necessary, appropriate, and lawful.
5.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use. 
  1. Links to our site
6.1 You may link to our Site provided that:
  1.  you do so in a fair and legal way;
  2.  you do not do so in a way that suggests any form of association, endorsement, or approval on our part where none exists;
  3. you do not use any logos or trademarks displayed on our site without our express written permission; and
  4. you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
6.2 You may link to any page on our site. Linking to other pages (known as “deep linking”) requires our express written permission. Please contact us at menu@thetablemenu.com for further information.  6.3 Framing or embedding of our site on other websites requires Our express written permission. Please contact us at menu@thetablemenu.com for further information.  6.4 You may not link to our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
  1.  is sexually explicit;
  2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
  6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive another person;
  8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
  12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  1. Links to Other Sites
7.1 Links to other sites may be included on our site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  1. Services 
8.1 The Services include the following but not limited to: 
  1. Generate a QR Code based on the User Content uploaded 
  2. SSL Hosting of the User’s Digital Menu 
  3. Graphic Design of the Digital Menu 
  4. Email and Phone Support 
  5. Update of the User Content at any time through our Platform
8.2 We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary. 8.3  We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations. 8.4 All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise. 8.5 The cost, installation, and functioning of all products not provided by Service Provider in rendering Services, including, without limitation, electric power, electrical wiring, cabling, telephone equipment, computers, modems, printers, tables, etc. shall be Client’s sole responsibility.
  1. Pricing & Terms of Payment
9.1 You must pay for our Services, the applicable fees for every Service is clearly stated on all our pricing pages, except Services that we expressly offer free of charge.  9.2 Our services are subject to the following Payment Terms:
  • For Services purchased through our website, you must provide us with a valid credit card to pay for such Services. When you are purchasing our Services, you may be able to choose to purchase a monthly or yearly subscription. 
  • You must provide us with a valid payment method, and you authorize us to charge the credit card via Stripe, our payment processing partner for the recurring subscription, as per the auto-renewal terms below.  
  • You will also provide us with an email address and other personal information required for us to process the transaction, and shall update such information from time to time as necessary to ensure that the information is at all times accurate.  In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your Customer Information, including your submitted payment information in order to process your purchase.
9.3  Subscriptions to our Services are billed in advance on a monthly or yearly basis (as per the option you have chosen when you purchased the Services) and are non-refundable for the subscription period they are purchased for. Current subscription fees and plans are set forth here, but we reserve the right to change those fees and plans at any time (any such change would only be applicable to our current users upon 30 days notice of the change). Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We do not support all payment methods, currencies, or locations for payment. 9.4 Purchases of Services are for subscriptions that renew automatically, such as monthly or annually (depending on the option chosen when you purchased the Services). If you purchased a monthly subscription,  you may elect to cancel or downgrade your account 7 days before the next billing cycle by emailing menu@thetablemenu.com. 9.5  If you cancel your subscription during its term no credit will be issued for any prepaid fees. 9.6 If you provided us with a payment method, such as a credit card, via our payment processing partner Stripe.com, you agree that we may bill you for each monthly, annual, or other renewal terms (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription. 9.7 We abide by a strict, no refund policy. By accepting the terms of this Agreement, you agree and Services offered by our platform. You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and usage of our solutions, you are taking full responsibility for your own business. Thus, you agree that you will not request a refund or claim liability arising under or in connection with this Terms & Conditions for:
  • loss of profits;
  • loss of sales or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of or damage to goodwill;
  • loss of use or corruption of software, data, or information;
  • any indirect or consequential loss.
9.8 If the payment method you use with us is no longer valid (such as a credit card that has reached its expiration date), and you do not edit your payment method information, or cancel your account, we will upon 5 days notice to you, suspend your access to the Services until your payment method has been updated. You will remain responsible to pay fees through to the end of the subscription period during which you cancel your subscription in accordance with our Terms. If any amounts due are not received by us by the due date, then at our discretion, such charges may accrue late interest at the rate of 15% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 9.9 All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You are responsible for paying all Taxes associated with your purchase of Services or Courses. If we have the legal obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. “Taxes” means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods, and services, value-added, and excise taxes, customs duties, and assessments together with any installments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).
  1. Fees & Taxes
10.1 You at your expense, shall pay, discharge, and be responsible for, all licensee fees, business, sales, use, or other similar taxes or assessments charged or levied by reason of anything performed under this Agreement, excluding, however, all taxes and assessments applicable to us income or applicable to our property. If we require to remit any fee, tax, or duty on behalf of or for the account of you, you will reimburse us within ten 10 days after we notify you in writing of such remittance
  1. Accounts
11.1 Certain parts of our site (including the ability to create a QR Code and a Digital Menu ) require an Account in order to use them. 11.2 You may not create an Account if you are under 18 years of age. 11.3 You represent and warrant to us that all information you submit when you create your Account is accurate, current, and complete and that you will keep your Account information accurate, current, and complete.  11.4 We recommend that you choose a strong password for your Account 11.5 It is your responsibility to keep your password safe. 11.6 If we have reason to believe that your Account information is untrue, inaccurate, out-of-date    or incomplete, we reserve the right, in its sole and absolute discretion, to suspend or terminate your Account.  11.7 You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). 11.8 If you believe your Account is being used without your permission, please contact Us immediately at menu@thetablemenu.com. We will not be liable for any unauthorised use of your Account. 11.9 You must not use anyone else’s Account, without the express permission of the User to whom the Account belongs.  11.10 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law. 11.11 We will not be liable for any loss you incur due to any unauthorised use of your Account.  11.12 You may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person. 11.13 If you wish to suspend and/or delete your Account, you may contact Us at menu@thetablemenu.com  11.14 If you delete your Account, We will remove your information from our systems and will remove your User Content, your Digital Menu, and QR Code, from our site and Platform (where applicable). Deleting your Account will also remove access to any areas of our site requiring an Account for access. 
  1. User Content
        12.1 All content submitted through your Account is considered User Content. 12.2 User Content on our site includes (but is not limited to) PDF Files, JPG Files, PNG Files. 12.3 By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to us that 
  1. a) you have all necessary rights to distribute User Content via this Site or via the Services, either  because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and 
  2. b) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
12.4 By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-license your User Content for the purposes of operating and promoting our site and Platform and providing Our services.  12.5 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties. You will be responsible for any loss or damage suffered by us as a result of such breach. 12.6 If you wish to remove User Content, you may contact Us at menu@thetablemenu.com. We will use reasonable efforts to remove the User Content. Removing User Content also revokes the license granted to Us to use that User Content under sub-Clause 12.4.  Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control). 12.7 We may reject, reclassify, or remove any User Content from our site or Platform where it violates Our Acceptable Usage Policy, or if we receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.
  1. Intellectual Property Rights and Use of our site
13.1 With the exception of User Content, all Content included on our site and the copyright and other intellectual property rights in that Content, unless specifically labeled otherwise, belongs to or has been licensed by us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties. 13.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse Content (including User Content) from our site unless given express written permission to do so by Us or the relevant User. 13.3 You may:
  1. access, view, and use our site in any web browser (including, but not limited to, in-app web browsers);
  2. download our site (or any part of it) for caching;
  3. print one copy of any pages from our site;
  4. download extracts from pages on our site; and
  5. save pages from our Site for later and/or offline viewing.
13.4 The owner and author of any Content (including User Content) must always acknowledge when re-using that Content. 13.5 You may not use any Content (including User Content) printed, saved, or downloaded from our site for commercial purposes without first obtaining a license from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of our site for general purposes whether by business users or consumers. 13.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material. 
  1. Disclaimers and Legal Rights
14.1 Nothing on our Site constitutes advice on which you should rely. Information and other materials on our site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on our site.  14.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that our site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from our site damages your device or other digital content belonging to you (if you are a User) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a User, please contact your local Citizens Advice Bureau or Trading Standards Office. 14.3 We make reasonable efforts to ensure that Our Content on our site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. 14.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
  1. Our Liability
15.1 Please note that the provisions of this Clause 15 apply only to your use of our site under these Terms of Use. Certain specific liability provisions apply to User Sites and Our Platform. For further information, please refer to our Terms of Sales. 15.2 To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site, or the content of, use of, or reliance upon any Content (including User Content) included on our Site. 15.3 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our site or to any Content (including User Content) included on our site. 15.4 If you are a business (i.e. a User using our site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 15.5 We use all reasonable skill and care to ensure that our site is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of our site or any other site referred to on our site. 15.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 15.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
  1. Privacy and Cookies
15.1 Use of our site is also governed by Our Privacy Policy and Cookie Policy, available from Privacy Policy and Cookie Policy.
  1. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. 16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
  1. Communications from Us
17.1 If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use, Our Terms of Service, Privacy Policy, Cookie Policy, and changes to your Account. 17.2 We may send you marketing emails you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us, it may take up to 2 Business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
  1. Law and Jurisdiction 
18.1 These Terms and Conditions, and the relationship between you and Us (when contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales 18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  18.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
  1. Changes to these Terms of Use
19.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of our site after the changes have been made. You are therefore advised to check this page from time to time. 19.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.   If you have any questions or complaints about our Terms of Use or any other policies, please contact us electronically or send physical mail to: SMART HUB TECH LTD  12 WILLIAMSBURG PLAZA LONDON E149XX menu@thetablemenu.com
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