Terms of Service

Updated October 11th, 2023

Welcome to Tabski LLC, a digital ordering platform for food and beverage establishments located at 2315 Locust St. Saint Louis, Missouri 63103. By accessing or using the Tabski LLC platform, you are agreeing to be bound by the following terms and conditions (the “Terms”). If you do not agree to all of the terms and conditions of this agreement, you may not use the Tabski LLC platform.

Payment Processing

Authorization:

By utilizing Tabski LLC’s payment processing services, the merchant authorizes Tabski LLC to process credit card transactions on their behalf.

Compliance with Payment Card Industry Data Security Standard (PCI DSS):

Merchants agree to comply with the Payment Card Industry Data Security Standard (PCI DSS) and take necessary measures to secure and protect cardholder data. Tabski LLC is not responsible for any loss, theft, or compromise of sensitive payment information resulting from the merchant’s failure to adhere to PCI DSS requirements.

Transaction Processing:

Tabski LLC will process credit card transactions in accordance with the terms agreed upon in the merchant agreement. This includes transaction amounts, fees, and any other relevant details specified in the agreement.

Security and Encryption:

Tabski LLC employs industry-standard security measures and encryption protocols to ensure the secure transmission and storage of credit card information. Merchants are encouraged to review Tabski LLC’s security policies for further information.

Dispute Resolution and Chargebacks:

In the event of a dispute or chargeback, Tabski LLC will follow established industry procedures. Merchants are responsible for providing accurate and timely information to resolve disputes and chargebacks. Tabski LLC reserves the right to pass on any chargeback fees or penalties imposed by card networks to the merchant.

Processing Fees:

Merchants will be subject to processing fees as outlined in the merchant agreement. Tabski LLC reserves the right to adjust fees with prior notice to the merchant.

Settlement and Funding:

Tabski LLC will settle funds resulting from credit card transactions, minus any applicable fees, according to the agreed-upon schedule outlined in the merchant agreement.

Termination of Services:

Tabski LLC reserves the right to terminate credit card processing services in the event of a breach of the terms of service or merchant agreement. Upon termination, any outstanding funds will be settled according to the terms outlined in the agreement.

Pictures and Content Uploads

Users of the Tabski LLC platform may have the option to upload pictures, text, and other content related to their orders or experiences. It is important to note that users are solely responsible for the content they upload to the platform. Tabski LLC does not actively monitor or curate user-generated content. Users should ensure that any content they upload does not infringe upon the intellectual property rights of others, including copyrights, trademarks, or any other proprietary rights.

Tabski LLC shall not be liable for any copyright infringements or other intellectual property violations that may arise from user-generated content. Users who upload content to the platform are assumed to have the necessary rights or permissions to do so and are responsible for any legal consequences that may arise from their content.

If you believe that any content on the Tabski LLC platform infringes upon your intellectual property rights, please contact us at [email protected], and we will take appropriate action in accordance with applicable laws and regulations.

Refund Policy

Please read this Refund Policy carefully before making any purchases through the Tabski platform. This policy outlines the refund procedures and responsibilities associated with transactions conducted on the Tabski platform.

Payments Processing by Tabski: Tabski LLC acts as a payment processor on behalf of merchants utilizing the Tabski platform. Payments made through the Tabski platform are processed securely, and Tabski ensures the transmission of payment information in a safe and encrypted manner.
Merchant-Specific Refund Policies: Each merchant using the Tabski platform may have different refund policies for the goods or services they offer. It is the responsibility of the customer to familiarize themselves with the refund policies of the specific merchant or venue from which they are making a purchase.
Refunds Processed by Merchants: In the event that a customer requires a refund, all refund requests must be directed to the merchant or venue from which the goods or services were purchased. Tabski will not issue refunds on behalf of merchants. The merchant is solely responsible for handling and processing all refund requests.
Contacting Merchants for Refunds: Customers seeking a refund should contact the merchant or venue directly, using the contact information provided by the merchant on their website or through other communication channels. Tabski is not involved in the refund process and cannot facilitate or expedite refund requests.
Dispute Resolution: If a dispute arises between a customer and a merchant regarding a refund or any other matter, Tabski will not be held responsible for mediating or resolving such disputes. Customers and merchants are encouraged to communicate directly to reach a resolution.
Exceptions: In certain circumstances, Tabski may be compelled to issue refunds due to technical errors or other issues related to the payment processing system. In such cases, Tabski will make reasonable efforts to rectify the situation and issue refunds accordingly.
Changes to Refund Policy: Tabski reserves the right to modify or update this Refund Policy at any time. Any changes will be effective immediately upon posting the updated policy on the Tabski website.

By using the Tabski platform, you acknowledge and agree to abide by this Refund Policy. If you have any questions or concerns, please contact the merchant directly for assistance.

Child Use

The Tabski LLC platform is not intended for use by children under the age of 13. If you are under the age of 13, you may not use the Tabski LLC platform.

SMS Text Messages

By using the Tabski LLC platform, you acknowledge that SMS text messages may be sent to you for the purpose of marketing, providing updates or alerts related to your use of the platform. These text messages may incur charges from your cell phone carrier. Tabski LLC is not responsible for any such charges, and it is the responsibility of the merchant and/or the consumer to pay for any such charges.

Data Collection and Use of Emails

By using the Tabski LLC platform, you agree to allow Tabski LLC to collect and use data related to your usage of the platform. This data is owned by Tabski LLC and may be used for marketing purposes or to improve the user experience. In addition to enhancing user experience, this data may also be used to send email receipts for your transactions. Please refer to our Privacy Policy for more details on how we handle your data.

Convenience Fees

Please be aware that Tabski LLC charges convenience fees for the use of its digital ordering platform. This fee will be clearly displayed to users at the time of purchase.

Underage Alcohol Consumption

Tabski LLC is not responsible for verifying the ages of patrons using the platform. It is the responsibility of the venue using Tabski LLC to ensure that their patrons are of legal drinking age. Tabski LLC shall not be held liable for any actions taken by underage drinkers utilizing the platform.

PCI Compliance

Tabski LLC is compliant with the Payment Card Industry Data Security Standard (PCI DSS). No cardholder data is stored on Tabski LLC’s servers.

Website Services

Merchants are strictly prohibited from promoting competing online ordering services on websites developed by Tabski LLC.

Intellectual property rights, compliance with laws, and the right to modify or terminate services are reserved by Tabski LLC.

Tabski LLC provides the services “as is” with no warranties, and is not liable for any damages.

These terms are governed by the laws of Missouri.

Auto-Gratuity

By using the Tabski LLC platform, you agree to the automatic addition of gratuity to your purchase if you do not close out your tab within a reasonable time period as determined by the venue.

Seasonal Holds Clause

Seasonal Holds for Cash Flow Positive Accounts

Tabski LLC may, at its discretion, offer seasonal holds for merchant accounts that demonstrate consistent positive cash flow. A seasonal hold allows the merchant to temporarily suspend certain services during specific periods of the year, as agreed upon between Tabski LLC and the merchant.

Eligibility for Seasonal Holds

To be eligible for a seasonal hold, the merchant’s account must be cash flow positive for Tabski LLC. A cash flow positive account is defined as an account where the merchant’s revenue exceeds any outstanding fees or charges owed to Tabski LLC.

Exclusion for Previously Invested Accounts

If Tabski LLC has made investments on behalf of the merchant, such as providing hardware or other resources, and the account is not cash flow positive, the account is not eligible for a seasonal hold. In such cases, the merchant is responsible for the ongoing fees and charges associated with the services provided by Tabski LLC.

Seasonal Hold Request Procedure

Merchants interested in applying for a seasonal hold must submit a written request to Tabski LLC. The request should include the specific duration of the seasonal hold and any other relevant details.

Tabski LLC’s Discretion

Tabski LLC reserves the right to approve or deny any seasonal hold requests at its sole discretion. The decision may be based on factors such as the merchant’s payment history, overall account performance, and the terms agreed upon in the merchant agreement.

Responsibilities During Seasonal Holds

Merchants agree to fulfill any outstanding obligations, including the payment of fees or charges, prior to the commencement of the seasonal hold. Tabski LLC may specify any additional conditions or requirements during the seasonal hold period.

Termination of Seasonal Hold

Tabski LLC reserves the right to terminate a seasonal hold if the merchant fails to comply with the agreed-upon terms or if Tabski LLC determines that the seasonal hold is no longer in the best interest of both parties.

Hardware Placement Clause

Tabski LLC provides merchants with hardware for payment processing or digital ordering services at its discretion. Merchants who receive free hardware from Tabski LLC acknowledge and agree that such hardware is the property of Tabski LLC.

Merchants who are no longer utilizing Tabski payment processing or digital ordering services are required to return the hardware within 14 days from the date of discontinuation, without incurring any penalties.

If the hardware is not returned within the specified 14-day period after the discontinuation of services, Tabski LLC is authorized to charge the merchant’s payment method on file. Tabski LLC will send the merchant an explanation of the punitive charges, including a detailed invoice outlining the depreciated value of the hardware.

By default, Tabski LLC will depreciate the hardware at a rate of 10% annually. This depreciation will be calculated from the date of hardware placement until the date of return or charge for unreturned hardware.

3rd Party Food Delivery Services Clause

Tabski LLC (“Tabski”) utilizes third-party providers, including DoorDash and UberEats, to facilitate food delivery services on behalf of Tabski merchants. By using Tabski’s platform, you acknowledge and agree to the following terms related to the use of these third-party delivery services:

1. Delivery Services:

Tabski engages third-party providers to handle the delivery of food products from Tabski merchants to end users. Tabski is not responsible for any issues arising from the delivery process, including delays, order accuracy, or the condition of delivered products.

2. Payment Issues:

Tabski is not responsible for any issues related to payments made through the third-party delivery providers. Any payment-related disputes or discrepancies should be addressed directly with the respective delivery provider.

3. Refunds:

Tabski will not be held accountable for any refunds to end users on behalf of Tabski merchants. Refund requests, including those related to the quality of products or delivery issues, should be directed to the merchant or the applicable third-party delivery provider.

4. Delivery Fees:

Tabski passes on the delivery fees charged by each respective delivery provider to consumers. These fees are determined by the third-party providers and are separate from any fees or charges imposed by Tabski.

5. Convenience Fee:

In exchange for the convenience of using Tabski’s platform, a fixed convenience fee of $0.99 per order will be charged to consumers. This fee is independent of and in addition to any delivery fees imposed by the third-party providers.

6. Acknowledgment:

By using Tabski’s platform, you acknowledge and agree that Tabski is acting as an intermediary to facilitate the relationship between Tabski merchants and third-party delivery providers. Tabski disclaims any responsibility for the delivery process, payment issues, or refunds.

7. Modifications:

Tabski reserves the right to modify the delivery fees, convenience fees, or any other terms related to third-party food delivery services. Any changes will be effective immediately upon posting on Tabski’s platform.

8. Governing Law:

This clause is governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles.

*By using Tabski’s platform, you agree to abide by the terms outlined in this 3rd Party Food Delivery Services Clause.*

Security Clause

1. Payment Processing and Security

Tabski LLC (“Tabski”) prioritizes the security of your payment information. By using Tabski’s platform, you acknowledge and agree to the following terms related to payment processing and security:

2. PCI Compliance:

Tabski is out of scope for Payment Card Industry Data Security Standard (PCI DSS) compliance. We do not directly handle or store any payment card information. Instead, Tabski utilizes Payrix, a third-party payment processing provider, to securely handle all payment transactions.

3. Payrix Payment Processing:

Tabski has partnered with Payrix to provide a secure and reliable payment processing solution. Payrix is responsible for the storage, transmission, and processing of payment card information in compliance with PCI DSS standards.

4. Collection and Storage of Payment Information:

Tabski does not collect or store any payment card information, including credit card numbers, expiration dates, or CVVs. All payment information is entered directly on the Payrix platform, ensuring a secure and PCI-compliant payment process.

5. Security Measures:

Tabski employs industry-standard security measures to protect your personal and payment information. This includes encryption, secure socket layer (SSL) technology, and regular security audits to maintain the integrity of our platform.

6. User Responsibilities:

Users are responsible for ensuring the security of their login credentials and account information. Tabski will never request sensitive information such as passwords or payment card details via email, and users should report any suspicious activity promptly.

7. Limitation of Liability:

Tabski shall not be liable for any loss or damage arising from unauthorized access to or use of your payment information. By using Tabski’s platform, you acknowledge that Payrix is the entity responsible for payment processing and related security measures.

8. Modifications:

Tabski reserves the right to modify security measures, terms related to payment processing, or any other security-related aspects. Any changes will be effective immediately upon posting on Tabski’s platform.

9. Governing Law:

This clause is governed by and construed in accordance with the laws of the state of Missouri, without regard to its conflict of law principles.

*By using Tabski’s platform, you agree to abide by the terms outlined in this Security Clause.*

Changes to the Terms

Tabski LLC reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current platform, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Tabski LLC platform after any such changes shall constitute your consent to such changes.

Termination

Tabski LLC reserves the right to terminate your access to the platform at any time without notice.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

2315 Locust St. Ste 15

Saint Louis, Missouri 63103

If you have any questions about these Terms, please contact us at [email protected]. For more information on our data collection and use practices, please refer to our Privacy Policy.