1. The Platform
TabPay provides a hospitality technology platform designed to help users browse menus, submit food and beverage orders, and support related service interactions with participating third-party venues. TabPay operates as a technology and service-enablement platform and does not own, operate, prepare, sell, serve, deliver, or fulfill food or beverages.
2. Independent Venues
Venues are independent third parties and are not employees, agents, or representatives of TabPay. TabPay does not control Venue operations including product availability, preparation quality, order fulfillment, delivery performance, alcohol service decisions, or staff conduct.
3. Orders and Fulfillment
When you place an order through the Platform, the applicable Venue is solely responsible for receiving, preparing, fulfilling, and resolving issues related to that order. TabPay is not responsible for incorrect orders, missing items, delays, quality concerns, or a Venue’s failure to fulfill an order.
4. Platform Functionality
TabPay does not guarantee that any order, message, or request will be successfully transmitted, received, processed, fulfilled, or completed. TabPay is not responsible for failures caused by internet connectivity issues, Venue hardware failures, POS or payment system interruptions, telecommunications failures, or third-party service disruptions.
5. Payments and Transaction Structure
TabPay’s payment and transaction structure may vary depending on the Venue, deployment model, and processor relationship. Transactions may be processed by the Venue, by its designated payment processor, or through another authorized third-party payment provider. TabPay is not responsible for payment processor outages, declined transactions, bank holds, chargebacks, or delays caused by third-party financial institutions.
6. Payment Card Data
TabPay does not store, process, or have direct access to payment card data. All payment card transactions are handled by the applicable Venue or a third-party payment processor operating under their own data security and compliance obligations.
7. Eligibility and Minimum Age
You must be at least 18 years of age to access or use the Platform. The Platform is not directed to children under the age of 13.
8. Alcohol and Age-Restricted Products
You may only order alcoholic beverages if you are legally permitted to do so in the applicable jurisdiction. TabPay does not independently verify age or sobriety. All age verification, identification checks, and refusal of service are the sole responsibility of the applicable Venue and its staff.
9. Gaming and Gambling Disclaimer
TabPay is a hospitality technology platform. It is not a gaming operator and does not facilitate gambling activity. Any interaction between the Platform and a Venue environment is intended solely to support hospitality and service-related functionality.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TABPAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TABPAY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF FEES PAID TO TABPAY IN THE PRIOR 12 MONTHS OR FIFTY U.S. DOLLARS ($50.00).
12. Governing Law
These Terms are governed by the laws of the State of Wisconsin. Any disputes not subject to arbitration will be resolved in the state or federal courts of Wisconsin.
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