Terms and Conditions
As of June 7, 2017
OneTable (hereafter referred to as “OneTable”, “we”, “us”, or “our”) is an initiative of The Shabbat Project, Inc., a nonprofit, tax-exempt organization (“The Shabbat Project”.) In furtherance of its mission to help people find, enjoy and share Shabbat dinners to make the most of their Friday night and enjoy the best of life together, OneTable provides an online platform that connects hosts and guests to have food events together (collectively, the “Services”), which Services are accessible at www.OneTable.org (the “Site”), and as an application for mobile devices (“Application”). The Services, Site, Application and all Content appearing in connection therewith are referred to in these Terms of Service as the “Platform.”
The Platform allows Hosts (defined below) to create Listings (defined below) for Dinners (defined below), and allows Guests (defined below) to make Reservations (defined below) to attend listed Dinners, and to attend those Dinners, as provided herein.
The Platform is operated solely as a public service to facilitate participation in these activities in furtherance of The Shabbat Project’s tax-exempt purposes on a nonprofit basis;:OneTable is not business; We do not and will not act or provide any service to any Member (as defined below), Host (as defined below), or Guest (as defined below), other than making the Platform and its functionality available for its intended purposes.
Except as the provider of the Platform, OneTable is not a party to agreements or arrangements entered into between Members, Hosts and Guests for Listings, Reservations, or Dinners through the Platform or otherwise; only the Members, Hosts and Guests directly involved in those arrangements are parties to those agreements. OneTable does not and will not mediate disputes between Members, Hosts, or Guests. We encourage Members, Hosts and Guests to communicate directly with each other regarding any issues that may arise in connection with Dinners.
Information appearing on the Platform concerning Members, Hosts, Dinners, Listings, and Reservation is offered as a public service, and we do not endorse or verify the identities of those parties nor the accuracy of the information they provide. Member Content (as defined below) is submitted by Members and is likewise not verified by us. We do not endorse Members, Hosts, Guests, Dinners or third parties that may appear or be referenced on the Platform. You are solely responsible for determining the identity and suitability of others who you contact or with whom you interact via the Platform.
We are not responsible for any damage or harm resulting from your interactions with Members, Guests and Hosts. By using the Platform, you agree that any legal remedy to which you may be entitled for actions or omissions of Members or other third parties will only be asserted against the persons or third parties who caused you harm; and as a condition of using the Platform, you agree to release OneTable from any liability arising out of your use of the Platform.
“Collective Content” means Member Content and OneTable Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or any other materials.
“Dinner” means any event or occasion listed by a Host via the Platform.
“Dinner Fees” means the total amount of applicable fees and charges disclosed in the Listing or otherwise communicated to the Guest before a Reservation is accepted or confirmed. Dinner Fees are made up of four components: Guest Fees, Host Fees, Service Fees, and Taxes, although they may be shown on the Platform as a single fee. Dinner Fees include normal processing charges imposed by a payment intermediary such as PayPal or a third party credit card processor. Dinner Fees do not include any transaction charges imposed by your bank on you in connection with our collection of the Dinner Fees.
“Guest” means a Member who requests to attend a Dinner via the Platform, or who actually attends a Dinner arranged through the Platform.
“Guest Fees” means any fees or charges that the Guest must pay in connection with a Reservation, as shown on the Platform at the time the Reservation is made.
A “Host Fee” means any fee charged by a Host in connection with a Dinner.
“Listing” means any posting of a Dinner on the Platform with the intent that the public will view it and Members will respond to it.
“Member” means a person who completes OneTable’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below. Members are not members of The Shabbat Project for legal purposes and have no rights with respect to The Shabbat Project itself.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Platform.
“OneTable Account” is the account created when a member of the public registers as a user of the Platform in compliance with these Terms and any other procedures and criteria established by OneTable.
“OneTable Content” means all Content that OneTable makes available through the Platform, including any Content licensed from a third party, but excluding Member Content.
A “Reservation” is transaction made through the Platform in which a Guest responds to a Listing and his or her participation in the Dinner is confirmed. In some cases, the prior acceptance of the Host of required before a Reservation can be made.
A “Service Fee” is any fee or charge imposed by OneTable in exchange for use of the Platform. Service Fees are usually calculated as a percentage of Dinner Fees.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Platform (and your access to or use of certain aspects of the Platform or access Content through the Platform) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform, the latter will take precedence with respect to your use of or access to that area of the Platform.
The Platform is intended solely for persons who are 18 or older. By accessing or using the Platform you represent and warrant that you are 18 or older.
How the Platform Works
The Platform may be used by the public to view general content and information appearing on the Platform. Anyone who wishes to list a Dinner or respond to a Listing must become a Member by first registering and creating a OneTable Account on the Platform. Members may discuss and arrange Dinners, Hosts may list Dinners, and Members may respond to Listings using the Platform’s interface.
In order to access certain features of the Platform, to list a Dinner or respond to a Listing, you must register to create an OneTable Account and become a Member. You may register as a Member as described in this section.
You can register as a Member by following the procedures for registration that appear on the Platform. Once your OneTable Account has been created, you may log into your account and use the Platform by entering a username and password provided at the time of registration (or subsequently changed using the Platform interface.) You may also log in to your account via certain third party social networking sites (“SNS”) (including, but not limited to, Facebook.) Each SNS account is considered a “Third Party Account” as described below. As part of the functionality of the Platform, you may link your OneTable Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Site, Services or Application; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern such Third Party Account. If you choose to log in via a Third Party Account, you represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that we may access, make available and store (if applicable) any Content that you have provided to us or is stored in your Third Party Account (“SNS Content”) in such a manner that it is available to us on and through the Platform. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may appear on the Platform or otherwise be available to us through your OneTable Account. Please note that if a Third Party Account or associated service becomes unavailable or OneTable’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your OneTable Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Platform.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS AND ANY TERMS OF SERVICE OR PRIVACY POLICIES THAT APPLY TO SUCH ACCOUNTS.
OneTable makes no effort to review or verify any SNS Content for any purpose, including but not limited to its accuracy, legality or non-infringement and we are not responsible for any SNS Content.
We will create your OneTable Account and your OneTable Account profile page for use on the Platform based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one active OneTable Account at any one time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for determining and safeguarding your own password, which is required to use the Site, Application, and Services. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OneTable Account, whether or not you have authorized such activities or actions. You will immediately notify OneTable of any unauthorized use of your OneTable Account.
Modification of Platform or Terms
OneTable reserves the right, at its sole discretion, to modify the Platform or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Platform or provide you with notice of the modification directly. You hereby agree that, by continuing to access or use the Platform after we have posted a modification on the Platform or have provided you with notice of a modification, you are bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Platform.
Hosts and Hosting
As a Member, you may list Dinners on the Platform. If you choose to do so, you become a Host. Please be advised that, while OneTable operates the Platform that allows Members to connect with each other and make arrangements to have dinner together, it is the Hosts, who control the Dinners, who are solely responsible for all arrangements (including all expenses) in connection with the Dinner, honoring Reservations and making the Dinner available to those who have made a Reservation through the Platform.
To list a Dinner, you will be asked a variety of questions about the Dinner to be listed, including, but not limited to, the location, capacity, menu, date, and fees or charges, and any other rules and financial terms that apply to the Dinner. In order to be featured via the Platform, all Dinners must have valid physical addresses. Dinners will be made publicly available via the Platform, and other Members will be able to make a Reservation to attend your Dinner via the Platform based upon the information provided in your Listing. You understand and agree that, as a Host, you may not alter you Host Fee once a Guest has reserved a seat at the Dinner.
You acknowledge and agree that you are solely responsible for any and all aspects of any Dinners you list on the Platform, except the collection of Dinner Fees from Guests, which will be done by us via the Platform and as described in these Terms. Accordingly, you represent and warrant that Dinners you host, and the attendance of any Guest at a Dinner you host: (i) will not breach any agreements you have entered into with any third parties; (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to the Dinner, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food; and (iii) will not conflict with the rights of third parties. You also agree not to have any persons other than Guests attend a Dinner that has been listed on the Platform. Please note that OneTable assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations, or a Host’s failure to comply with the aforesaid covenants.
You understand and agree that OneTable does not act as an insurer or as a contracting agent for, or representative of any Host, and if a Guest makes a Reservation to attend a Dinner you have listed, any agreement you enter into with such Guest is between you and the Guest and OneTable is not a party thereto. Notwithstanding the foregoing, OneTable will serve as the agent of the Host for the limited purpose of accepting, on behalf of the Host, payments from Guests in satisfaction of any Host Fee. Host Fees will be collected by OneTable at the time the reservation is made, and will remit the Host Fee to the Host within a week following the Dinner.
Please note that OneTable reserves the right, at any time and without prior notice, to remove or disable access to any listed Dinner for any reason, including Dinners that OneTable, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
When you create a Dinner you may also choose to include eligibility requirements, which must be met by Members in order to make reservations to your Dinner. If you include such eligibility requirements in a Listing, any Member wishing to make a reservation for a Dinner you Host must meet those requirements.
If you are a Host and a Guest makes a request to attend your Dinner via the Platform, you must confirm or reject the request within 24 hours after you have been notified of the request through the Platform. If you are unable or unwilling to confirm or reject a request to attend a Dinner within such 24 hour period, the request will be deemed denied, any amounts collected by OneTable from the Guest for the requested Dinner will be refunded to the Guest’s credit card, and any pre-authorization of such credit card will be released. If a Guest makes a request to attend a Dinner that you have listed on the Platform, we will share with you (i) the first and last name of the Guest who has made the request and (ii) a link to the Guest’s OneTable Account profile page so that you can view such information before confirming or rejecting the request.
When you confirm a Guest’s request for a Reservation, OneTable will send you an email, text message or message via the Platform confirming such Reservation, depending on the selections you make via the Platform.
Hosts may charge reasonable Host Fees to Guests who Reserve or attend a Dinner, but Dinners may not be operated for profit. Host Fees are set by the Host and not OneTable. A Host Fee may include the legitimate costs of Hosting the Dinner, including the cost of set up and cleaning, at the Host’s discretion.
We are required by IRS regulations to collect a current IRS Form W-9 from all Hosts who are charging money for Dinners in the United States. See Section on Taxes below.
OneTable charges a modest Service Fee to Guests, to cover credit card processing fees (unless noted otherwise) and other costs of running the Platform. The Service Fee is added to the Host Fees and any applicable taxes to calculate the Dinner Fee displayed in the applicable Listing.
Each Host hereby appoints OneTable as the Host’s limited payment collection agent solely for the purpose of collecting the Host Fee from each Guest that has a Reservation for a Dinner, and that OneTable’s obligation to pay the Host Fee is subject to and conditional upon successful receipt of the Dinner Fee from each Guest. OneTable does not guarantee payments to Hosts for amounts that have not been successfully received by OneTable from Guests. In accepting appointment as the limited authorized agent of the Host, OneTable assumes no liability for any acts or omissions of the Host.
OneTable will collect the Dinner Fee from each Guest at the time a Reservation is made (i.e. when the Host confirms attendance of a Guest within 24 hours of the request) and will remit the Host Fees to the Host within a week following the Dinner.
Each Host agrees that payment collected from a Guest through the Platform and subsequently remitted to the Host shall be considered the same as a payment made directly by the Guest to the Host.
Each Host agrees that OneTable may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel his or her reservation and (ii) refund to the Guest that portion of the Dinner Fees specified in the applicable cancellation policy.
OneTable makes certain tools available to Hosts to help you to make informed decisions about which Members you choose to confirm for your Dinners. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Dinner.
OneTable recommends that Hosts obtain appropriate insurance for their Dinners and any activities conducted in connection with their Dinners. Please review any insurance policy that has been issued to you carefully, to be sure that such policy will adequately cover any risks or damages that could arise in connection with your Dinner, including the actions or inactions of persons (including Guests and any individuals the Guests invite to the Dinner, if applicable) while at your Dinner, and the risks of injury that could arise in connection with your Dinner.
OneTable has purchased secondary insurance coverage to protect Hosts. However, as with any insurance policy, various insurance terms, limitations, and exclusions apply. It is your responsibility to familiarize yourself with the terms of coverage. We do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Guests. OneTable reserves the right to cancel such insurance or withhold coverage for any Host or Guest at its discretion.
Failure to comply with these rules may result in your banishment from the Platform.
Guests and Reservations
As Member, you may request a Reservation to attend a Dinner listed on the Platform. If you do so, you become a Guest. As a Guest, you agree to pay the Dinner Fees for a confirmed Reservation using one of the methods described on the Platform – credit card through Stripe. You may be asked, at the time you request a Reservation, to provide customary billing information such as name, billing address and credit card information either to OneTable or its third party payment processor.
You agree that, after you have submitted your request for a Reservation, but before it has been approved or accepted by the Host, OneTable may in its sole discretion, (i) obtain a pre-authorization via your credit card for the Dinner Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting, to verify your credit card. If you fail to specify a payment method or provide a credit card that we can verify when you request a Reservation, we may at our discretion cancel your request.
If a request is cancelled, any amounts we have collected from you will be refunded, depending on the selections and settings you make or have made via the Platform, and if applicable, any pre-authorization of your credit card will be released.
Once your request is approved and confirmed, you will have made a Reservation, which is a binding agreement with the Host. As a condition of making the Reservation, you as a Guest agree to accept any terms, conditions, rules and restrictions associated with the Dinner that are disclosed to you either on the Platform (including these Terms) or by the Host. You acknowledge and agree that you will be solely responsible for honoring this commitment. OneTable is not a guarantor of anyone’s performance or satisfaction.
When your Reservation is confirmed, OneTable will notify you and will collect the Dinner Fee shown on the Platform. You hereby authorize OneTable to collect the Dinner Fee using one of the methods described on the Platform – e.g. by PayPal or credit card and selected by you at the time the Reservation is requested. If you cancel a reservation you will receive a refund for cancellations made 48 hours or more before the event. Cancellations made less than 48 hours before the event will not be refunded.
Damage to Dinner Location
As a Guest, you are responsible for treating the Dinner location in a respectful manner. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite or otherwise bring to the Dinner. In the event that a Host claims that the Dinner location or any items contained therein has been damaged by you or any of your invitees (a “Claim”), and provides evidence of such damage, including but not limited to, photographs, you agree to pay the cost of repairing the damage, and/or replacing any damaged items with equivalent items. After being notified of a Claim, if you agree that the Claim is valid (or you do not dispute the claim within 30 days), we will collect the cost of repairing the damage or replacing any damaged items via the payment method you specified when you made the Reservation. Any amounts collected will be paid to the Host as compensation for the damage. You and the Host expressly authorize us to do this. If you agree the Claim is valid but we are unable to collect payment from you, you agree to remit payment for any damage directly to the Host or to OneTable on behalf of the Host.
If you dispute a Claim, the Host may pursue legal action against you, and you agree to pay the Host’s costs of collection, including reasonable attorney fees, unless the Claim is determined to be without merit.
As a Guest, you understand and agree that the Host may, in his or her sole discretion, assert a Claim under your homeowner’s, renter’s or other insurance policy to cover any damage or loss you cause to the Dinner location or any property located at the Dinner location. You agree to cooperate with and assist the Host in connection with any such Claim and to provide such information as may be reasonably requested by the Host in order to assert the Claim, including, but not limited to, providing the name and number of your insurance carrier and policy number, notifying your insurance company of the claim, and executing such documents, and taking such further acts as the Host may reasonably request to assist in recovering the cost of the damage or loss.
If any Host or Guest is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OneTable by contacting us with your police station and report number at 646-248-7290. You acknowledge that receipt your report will not obligate us to take any action beyond that required by law (if any) or that might cause us to incur any liability to you or any other party.
If we receive a complaint about a Guest or a Host, we will take reasonable steps to determine what happened and whether the Guest or the Host has violated these Terms. Both Guests and Hosts agree to cooperate with us in good faith in connection with any such complaint, and will provide us with such information and take such actions as we may reasonably request in order to make this determination. If we determine that a Guest or Host has violated these Terms, we may banish the offending party from the Platform.
In connection with your use of the Platform, you may not and you agree that you will not:
- Post, upload, publish, submit or transmit any information concerning any other person or entity, including without limitation, photographs, personal contact information or credit, debit, calling card or account numbers, without such person’s permission;
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Use the Platform to distribute unsolicited commercial email or advertisements (“spam”);
- “Stalk” or harass any user of our Platform or collect or store any personally identifiable information about any other user, other than for purposes of hosting dinners, making reservations, or attending dinners;
- Register for more than one OneTable account or register for a OneTable account on behalf of a person other than yourself;
- Contact any member, host or guest outside of the Platform;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Use the Platform to find a host or guest and then arrange attendance a dinner independently of the Platform in order to circumvent these terms or any obligation to pay any service fees related to OneTable’s provision of the services;
- Use automated scripts to collect information or otherwise interact with the Platform;
- Submit any content that contains false or misleading information,
- Violate any law or regulation, or any order of a court, including, without limitation, zoning restrictions;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- Use, display, mirror or frame the Platform, or any individual element within the Platform,
- Use the name(s), trademark(s), logo(s) or other proprietary information of OneTable or the Shabbat project, or copy or use the layout and design of any page or form contained on a page, without OneTable’s express written consent;
- Access, tamper with, or use non-public areas of the Platform, OneTable’s computer systems, or the systems of OneTable’s service providers;
- Attempt to probe, scan, or test the vulnerability of any OneTable system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OneTable or any of OneTable’s providers or any other third party (including another user) to protect the Platform;
- Fake, falsify, counterfeit, copy, imitate, reproduce, replicate, or simulate any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- Copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by these terms; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, or that violates these Terms or is otherwise harmful to the Platform.
We reserve the right to investigate and prosecute violations of these Terms, to the fullest extent of the law. OneTable may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
We reserve the right to, at any time and without prior notice, cancel or suspend the OneTable Account of any Member who violates these Terms. We may also at our discretion, restrict or disable access to the Platform for anyone that we suspect has violated these Terms, until we can determine whether or not a violation has occurred.
You acknowledge that OneTable is permitted but not required to monitor your access to or use of the Platform and to review or edit any Member Content you post, for the purpose of enforcing these Terms, operating and improving the Platform, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right to access, preserve and disclose any of your personal information or any Content that you have posted, if we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against us or to comply with legal process, (ii) to enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) to protect the rights, property or safety of our users or members of the public.
The failure of OneTable to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OneTable. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Service Fees and Taxes
To sustain the Platform, OneTable collects Service Fees from Hosts and Guests. Where applicable, Taxes may also be charged.
You understand and agree that you are solely responsible for complying with your own tax reporting requirements in consultation with your tax advisors. OneTable cannot and does not offer tax-related advice to any Members of the Platform. Additionally, please note that each Host is responsible for reporting and paying local indirect Taxes and for including the amount of any such Taxes in the Host Fee posted on the Platform. Where required, or upon request from a Host, OneTable may issue a valid VAT invoice to the Host.
Except as otherwise provided herein, Service Fees are non-refundable.
Taxes may be refundable, but only from the taxing authority according to its normal rules and procedures. Once we pay Taxes to the taxing authority, we cannot provide any refund.
Cancellations and Refunds
If, as a Guest, you cancel your request before it is confirmed by a Host, OneTable will refund any Dinner Fees collected in connection with the request within a commercially reasonable time (48 hours). If, as a Guest, you wish to cancel a reservation made via the Platform which has been confirmed by the Host, the cancellation policy of the Host will apply to such cancellation.
If a Host cancels a confirmed Reservation made via the Platform, (i) OneTable will refund the Dinner Fees for such reservation to the Guest within a commercially reasonable time (48 hours) of the cancellation and (ii) the Guest will receive an email or other communication from OneTable containing alternative Dinners and other related information. Cancellations made less than 48 hours before the event will not be refunded. If the Guest requests attendance at an alternative Dinner, that will be treated as a new request, and the Platforms normal rules will apply. If a Host has cancelled a confirmed Reservation or a Dinner and you, as a Guest, have not received an email or other communication from the Host or OneTable, please contact OneTable at help@OneTable.org
Payment Processing Errors
We will take appropriate steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment. If you become aware of any payment processing error, please do not assume we know about it. Notify us as soon as possible so any error can be corrected.
The Shabbat Project is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and any contributions to The Shabbat Project are tax deductible, except to the extent that the donor receives any goods or services in exchange for their contribution.
The Platform may include tools that you can use to make a contribution to The Shabbat Project. Hosts may pledge to donate a portion of the funds they receive via the Platform to The Shabbat Project, in which case we will deduct the amount of any such pledge from the amount that we would otherwise remit to the Host.
As part of the Services, OneTable provides a feature through which Members may view Dinner Fees for various Dinners in foreign currencies. These Dinner Fees listed in foreign currencies are for informational purposes only. When you request a Reservation, you will be notified of the approximate value of the Dinner Fees in the currency which you have selected. You understand and agree that, notwithstanding the Platform’s ability to display Dinner Fees in other currencies, all Dinner Fees are payable in US Dollars. Any payments in currencies other than U.S. Dollars, will be exchanged into US Dollars at the time of payment at the then-prevailing exchange rate, and any foreign currency processing costs which our payment processors assess will be charged to you and collected as an additional Service Fee.
Ownership of Content
The Platform and OneTable Content, and all rights thereto, are owned by The Shabbat Project, Inc. d/b/a OneTable. Member Content is owned by the Member who posted, uploaded, published, submitted or transmitted it to be made available through the Platform All rights to the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Content, including all associated intellectual property rights is the exclusive property of The Shabbat Project, Inc. d/b/a OneTable and its licensors.
OneTable grants you a limited, non-exclusive, non-transferable license, to (i) access and view any OneTable Content solely for personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. This grant of rights is conditioned on your compliance with these Terms in all respects, and may be revoked by OneTable at any time with or without notice.
All trademarks, service marks, logos, trade names and any other proprietary designations of OneTable used herein are trademarks or registered trademarks of OneTable. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not remove or modify any copyright notices, restrictions or signs indicating proprietary rights of OneTable, including any copyright mark [©] any trademark or service mark [® or ™], or any other mark contained in or accompanying the Content, and you represent and warrant that you will abide by all applicable laws in this respect.
You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of OneTable’s marks and logos, whether registered or not.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making Member Content available on or through the Platform, you hereby grant to OneTable a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with the activities of OneTable and The Shabbat Project, including the Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to OneTable the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OneTable’s use of the Member Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that OneTable has the unconditional right to remove from the Platform any Member Content that you have uploaded to the Platform at any time, and my exercise such right in its sole discretion, for any reason, at any time, with or without notice.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that OneTable is not responsible or liable for the availability, accuracy, or reliability of such websites or resources, nor for the content, products, or services available on or through such websites or resources. The Shabbat Project, which owns OneTable, is a non-profit tax-exempt organization. It is formed to pursue a charitable and educational mission, not to serve private interests. Accordingly, the presence of links to such websites or resources on the Platform are not intended, and should not be taken to imply our endorsement of any content, products, or services available on or through such third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any links to third party websites or resources, including any content, products, or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing us at welcome@OneTable.org You acknowledge and agree that all Feedback will be the sole and exclusive property of OneTable and you hereby irrevocably assign to OneTable all of your right, title, and interest in and to the Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ONETABLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ONETABLE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
NEITHER ONETABLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE PLATFORM AND COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM.
IN NO EVENT WILL ONETABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID OR INCURRED THROUGH THE PLATFORM AS A GUEST IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR THE AMOUNTS PAID TO YOU AS A HOST BY ONETABLE IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONETABLE AND YOU.
You agree to release, defend, indemnify, and hold OneTable and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Dinner, (iii) creation of a Dinner, (iv) the use, condition or rental of a Dinner by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Dinner, or (v) injuries, damages or other claims to any persons present at a Dinner.
Your use of the Services and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of New York without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York without reference to the choice of law or conflicts of law principles thereof.
Any dispute, claim or controversy arising out of or relating to the Services or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by AAA pursuant to their Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude OneTable or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be final and binding upon both parties.
These Terms constitute the entire and exclusive understanding and agreement between OneTable and you regarding the Platform, Collective Content, and any Listings, Reservations, or Dinners appearing on (or made via) the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OneTable and you regarding Membership, Listings, Reservations, Dinners, the Platform, and the Collective Content.
If you have any questions about these Terms, please contact OneTable at 646-887-3890