MyTable Terms and Conditions:

All software provided for the Restaurant’s use is the property of MyTable or its partners and is copyrighted and protected by intellectual property laws in Switzerland and around the world. MyTable grants the Restaurant license to use this software to receive and manage reservations. This license is for the exclusive use of the restaurant and is non-transferable to any other party and it cannot be reverse engineered, changed or copied in any way. By using the software, you agree to these conditions and the other provisions contained in these terms and conditions.

MyTable reserves the right to implement enhancements and to make changes to MyTable Services. New features or new distribution channels may be offered at additional cost. Restaurant is not obligated to buy enhancements that increase costs during the term of the agreement.

MyTable will provide a form for the Restaurant to provide information about the Restaurant to MyTable. The Restaurant will complete and return this form to MyTable within 10 days of receipt. The Restaurant grants MyTable permission to use this data on its website and partner websites.

From the data provided by the Restaurant and other trusted sources, MyTable will create restaurant listings to be used on its website, mobile applications and partner websites. It is the responsibility of the restaurant to monitor this data and inform MyTable of any necessary changes. MyTable may also edit, change or update this data to ensure its accuracy.

The Restaurant is granted the license to install and use the MyTable reservation system on its website. The Restaurant agrees to install links, buttons, or the MyTable booking widget on its website within 10 days of signature of this contract. At the Restaurant’s option, it may ask MyTable install these links by providing log-in access to the Restaurant’s web server. An additional fee will apply based on the time needed to install the links.

The Restaurant commits to maintain the current number of tables available to be booked on MyTable, and other reservation data, so that the tables available through the MyTable system match actual availability and so over-bookings do not occur. MyTable will enable these tables to be reserved via the restaurant’s own website, on the MyTable website, on MyTable partner websites and mobile phones. The Restaurant agrees to keep a minimum table availability of 2 tables per meal on MyTable at all times, except when the restaurant is closed or is completely booked.

Customer grants MyTable and its partners the authority to transact bookings for tables placed in the reservation system by the Restaurant. The Restaurant agrees to honor all reservations received from the MyTable reservation network and will not charge the guest a fee for having made the reservation. If for reasons beyond its control, the restaurant is not able to honor a reservation, the restaurant will inform the guest by telephone at least 4 hours prior to the time of the reservation and shall offer a free gift coupon to the guest.

The Restaurant shall respond to MyTable customer service correspondence related to reservations received from MyTable within 24 hours. Failing to do so, the Restaurant grants MyTable authority to resolve the matter in a businesslike manner and charge any refunds or other costs involved to the Restaurant.

MyTable is a reservation system that transmits reservations from Guests to the Restaurant. The guest is responsible for payment of cost and MyTable cannot be held responsible for any loss of revenue from non-payment.

If the Restaurant asks for a credit card guarantee for a reservation, the Restaurant is solely responsible to check validity of credit card details that are provided by the guest. MyTable cannot be held responsible for loss of revenue due to fraudulently provided credit card information or due to guest no-shows.

In all cases, MyTable is not responsible for no-shows, under-booking, over-booking or technical errors in its reservation system and is not responsible for losses beyond the cost charged the restaurant for the reservation.

Users of the MyTable website are encouraged to enter comments and reviews about restaurants. MyTable is not the author of these reviews. Our only role is to distribute these reviews to the users of MyTable and our partner websites and as such we have no obligation to evaluate or verify these reviews. MyTable has no liability for the content of the review or for the consequences of the distribution of the review.

If the Restaurant believes that the review has not been written by someone who has visited and eaten at the Restaurant, the Restaurant may file a complaint with MyTable. MyTable will review the complaint and if MyTable determines that the review is not authentic, the review will be deleted from the site.

MyTable may advertise its website online using Google’s Pay Per Click advertising program or other advertising services. The Restaurant grants MyTable the right to use the restaurant name in any advertising.

The order that Restaurants appear on the MyTable website and Smart phone apps is determined by a combination of factors, including: the size of the transaction free paid to MyTable, participation in coupon, barter or marketing programs, the reservation conversion rate and the speed the Restaurant pays invoices to MyTable.

The Restaurant will pay transaction fees to MyTable based on the prices contained in the Partnership Agreement. In addition to these costs, the Restaurant will pay MyTable CHF .20 for each reservation sent to the Restaurant by SMS, if the Restaurant chooses to receive reservations in this way. If a guest requests to receive a reservation confirmation by SMS, an additional CHF .20 will be charged to the Restaurant for that reservation.

MyTable will bill the Restaurant based on the number of reservations made at the Restaurant through the MyTable reservation system at the rates specified in the Partnership Agreement. These reservations can be verified in the MyTable reservation system. Requests for changes to these charges, based on cancelations or no-shows, can be made up to 2 business days following the date of the reservation. After this, all charges are final. Credit for any cancelations or no-shows will be granted on future invoices. Charges for any other products or services which may be purchased by the Restaurant from MyTable will be invoiced to the Restaurant at agreed times.

Each restaurant will give direct debit authorization to its bank so that MyTable can automatically withdrawal monies owed it each month directly from the Restaurant’s bank. If for any reason this is not possible, payment will be made by wire transfer to MyTable’s bank account.

Settlement of invoices will be made monthly by the Restaurant. Customer is responsible for any bank charges. Payment is due 14 days following receipt of the invoice. The Restaurant’s first invoice will be sent once the outstanding balance reaches a minimum amount determined by MyTable.

All pricing and fees under this Agreement are exclusive of taxes. Customer will pay (or reimburse for) any Value Added Tax (VAT), sales or use tax, Goods and Services Tax (GST), federal, state, county, local or other governmental taxes.

If the Restaurant fails to pay the invoice when due, MyTable will send a reminder statement. A processing fee of €10 will be charged for each such monthly statement. MyTable reserves the right to charge interest at current market rates on all unpaid balances over 30 days past due.

The Restaurant agrees that the receipt of an invoice by email constitutes full service of the invoice. In the case of outstanding fees which must be collected through legal, court or collections activity, the Restaurant will pay for the full cost of this activity.

Failure to maintain the availability of tables in the MyTable system for a period of 30 days or more will be considered a breach of this contract. In such case, the Restaurant will be charged a fee of €10 per day until the Restaurant again loads availability into the MyTable system.

The Restaurant may join the MyTable preferred marketing program if it chooses. As part of this program, MyTable may take payment in the form of restaurant coupons. MyTable may sell these coupons to members of the public, to partner companies, or use them in any other form it wishes. The Restaurant will honor these coupons when presented by a guest, a company or MyTable as it would accept payment by cash or credit card. The coupons may be sold at a discounted rate, with the discount and the denomination of the coupon determined by MyTable.

Liability for the reservation system coupons will be passed to all future owners of the Restaurant. If the Restaurant ceases doing business, the outstanding value of the coupons and any other debts, such as outstanding transaction fees, shall be paid to MyTable directly prior to the closing of the Restaurant.

The Restaurant will honor all valid MyTable coupons presented to it by guests, MyTable, or MyTable’s representatives. If the restaurant fails in any way to honor the coupon, MyTable will refund the value of the coupon to the guest and invoice the Restaurant for the full value of the coupon plus a service fee.

The Restaurant agrees to hold in strict confidence all the contract terms, prices, and other contents of this agreement. The Restaurant may disclose the terms of this agreement to its managers, advisors and consultants with a need to know and who agree to maintain the confidentiality of the agreement.

For the period of this contract, the Restaurant is granted the right to use the MyTable name, logo and website link to publicize its use of the MyTable reservation system. The Restaurant will display the MyTable logo and website URL on its door or window to publicize the public’s ability to reserve the restaurant on MyTable. MyTable is granted the right to use the Restaurant’s name and logo to publicize the Restaurant’s use of the MyTable system.

MyTable makes no warranties related to downtime of its website or booking system. Nor does MyTable make warranties as to the accuracy of data or other Restaurant data contained on the system, but will gladly make corrections to the data once such problems are brought to MyTable’s attention.

Unless otherwise agreed, this contract will commence on the day the Partnership Agreement is accepted by the Restaurant and will be valid 1 year. The contract will automatically renew for 1 year periods unless the contract is canceled 90 day prior to the end of the contract. The contract will continue to renew unless it is canceled.

Notice must be given in writing by post or fax to MyTable and any unpaid invoices must be paid prior to cancelation. If Customer fails to uphold the terms of this agreement, or fails to maintain table availability in the MyTable system, the Restaurant will be liable for a charge of €20 per day through the scheduled term of the contract, due and payable at the time of early termination. MyTable may terminate this agreement at any point at its discretion without notice.

The laws of the Canton of Lucerne in Switzerland shall govern this Agreement. Any and all disputes arising between the Parties under this Agreement will be resolved and finally settled in accordance with the Rules of Arbitration in Lucerne, Switzerland. The arbitral tribunal shall be composed of three international arbitrators, unless the Parties otherwise agree. The place of the arbitration shall be Lucerne, Switzerland. The arbitral proceeding shall be conducted in the English language. MyTable reserves the right to pursue its legal rights in the country of its choice based on the location of a Restaurant’s governing entity.

This Agreement shall be binding upon the successors, transferees and assignees of MyTable and the Restaurant. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to a judicial decision, the remainder of this Agreement shall remain valid and enforceable. All provisions of this Agreement relating to payment, confidentiality, nondisclosure, and proprietary rights shall survive the Termination of this Agreement.

This Agreement, including the Introduction, is the complete agreement of the Parties, and supersedes all prior agreements, contracts, proposals and understandings, oral or written. This Agreement may not be modified or altered except by written instrument executed by both Parties.

Neither Party shall be liable to the other for any delay or failure to perform due to causes beyond its control including, without limitation, fire, flood, wind, lightning, strike, work stoppage, war, insurrection or terrorist acts, failure of any local, state, national or international telecommunications carrier or computer hosting facility to provide reservation messaging or connectivity, or act of God or public enemy.

This agreement can be modified by my MyTable at any time. Changes will take effect immediately upon notification by email to Restaurants who are covered by this agreement.