SquareMarket Technologies Inc. (dba Tab Commerce)
Last modified: September 4, 2024
Effective Date: September 4, 2024
These Platform Terms and Conditions of Use for www.tabcommerce.com (the “Platform”) constitutes a legal agreement and are entered into by and between you and SquareMarket Technologies Inc. and Tab Commerce Services, Inc. (both dba Tab Commerce) ("Tab Commerce", "we", "us", "our").
The following Platform Terms and Conditions of Use, together with our Privacy Policy, found linked here, and any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the Platform.
BY USING THE PLATFORM OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE PLATFORM TERMS AND CONDITIONS, OUR GENERAL TERMS AND CONDITIONS FOR SERVICES, LINKED HERE, OUR PRIVACY POLICY, LINKED HERE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OUR TERMS AND CONDITIONS FOR THE ONLINE SALE OF SERVICES, OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.
By using this Platform, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with Tab Commerce and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
We may change these Terms and Conditions at any time in our sole discretion without notice. Any changes are effective immediately upon posting and apply to all access to and continued use of the Platform. By periodically reviewing the Terms and Conditions and continuing to use the Platform, you agree to accept any modifications.
The information and material on this Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user's internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Platform, requires user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. This is particularly crucial for our restaurant clients utilizing our artificial intelligence (“AI”) model and real-time cost control tools.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, and bulletin boards (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found linked here.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. Given the sensitive nature of the purchasing recommendations and insights provided, it is essential that you safeguard your login information. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.
The following Platform Content Standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions.
Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. This includes any rules or laws pertaining to restaurant management, procurement, and expense control.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:
Ownership of intellectual property:
Use of our intellectual property:
You have no right, title, or interest in or to the Platform or to any content on the Platform, including but not limited to data analytics, AI models, and other technologies, and all rights not expressly granted are reserved by Tab Commerce. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
The Platform may contain Interactive Functions allowing User Submissions on or through the Platform.
None of the User Submissions you submit to the Platform will be subject to any confidentiality by Tab Commerce unless required by law. By providing any User Submission to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including but not limited to the improvement of Tab Commerce’s AI algorithms, analytics models, and other technologies, and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and and regulations including but not limited to securities laws and regulations, including but not limited to procurement and anti-corruption laws, and the Conditions of Use and User Submissions and Platform Content Standards (See Section 4) set out in these Terms and Conditions.
You understand and agree that you, not Tab Commerce nor its parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, including but not limited to any data or insights derived from your restaurant operations, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy, as well as for any purchasing decisions or contractual obligations made or entered into based on such content.
We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform.
You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation:
Tab Commerce has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS TAB COMMERCE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TAB COMMERCE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER TAB COMMERCE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Platform or its use, or associated social media accounts, and do not and cannot undertake to review material that you or other users submit to the Platform or associated social media accounts. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. While we aim to offer valuable data-driven insights and recommendations, these should not be your sole basis for making financial or operational decisions. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date.
Your use of the Platform is at your own risk and neither Tab Commerce nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.
This Platform includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Tab Commerce, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Tab Commerce. Neither Tab Commerce nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found linked here, as we deem necessary for use of the Platform.
By using this Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. These cookies may also facilitate the functionality of our analytical tools and services. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see [insert link to privacy policy].
For your convenience, this Platform may provide links or pointers to third-party sites, including integrations with third-party APIs or services that facilitate our analytical tools and functionalities. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linking must also be in compliance with our Terms and Conditions, and any relevant data protection or privacy laws.You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, including any implied endorsement or association with any specific third-party services or APIs. Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Platform Content Standards (See Section 4). You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. Failure to comply may result in the termination of our services to you.
The owner of the Platform is based in the Province of Ontario in Canada. We provide this Platform for use only by persons located in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM, INCLUDING ANY THIRD-PARTY INTEGRATIONS, IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY INTEGRATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, INCLUDING THOSE THAT MAY BE TRANSMITTED THROUGH THIRD-PARTY INTEGRATIONS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY, INCLUDING ANY THIRD-PARTY INTEGRATIONS OR SERVICES THAT YOU MAY ACCESS THROUGH THE PLATFORM. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tab Commerce, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform's content, services, and products other than as expressly authorized in these Terms and Conditions.
The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
The Platform Terms and Conditions of Use, General Terms and Conditions for Services, and our Privacy Policy constitute the sole and entire agreement between you and SquareMarket Technologies Inc. dba Tab Commerce, regarding the Platform, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
This Platform is operated by SquareMarket Technologies Inc. dba Tab Commerce.
Should you have any concerns or inquiries related to the Platform, please direct them to support@tabcommerce.com. This includes:
We value your input and take all matters seriously. Your prompt attention to these issues will aid us in maintaining the integrity and functionality of our Platform.
Access to the Tab Platform is free up to three (3) Financial Accounts within a single Tab account. Each Active Financial Account after 3 (4+) is billed at US$25 per month.
Example:
Number of Active Financial Accounts | Total Monthly Fees
3 | $0
4 | $25
7 | $100
An Active Financial Account is defined as an account with funds in it greater than $0 in the corresponding month.
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