FasTab Payments, Inc.

FastTab provides restaurants with the ability to view menus, see their live tab and offer their guests a digital payment solution. FasTab integrates with restaurant Point of Sale (POS) systems to obtain data in real time and allow tabs to be automatically closed when the guest pays.  These terms and conditions apply to all users of the FastTab platform.  Additional terms apply to restaurant users as specifically indicated below.

Terms and Conditions of Use

The terms and conditions of use for services offered by FasTab Payments, Inc. (FasTab), constitute a legal agreement and are entered into by and between you and ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered by us.

BY PROCEEDING TO PAY, YOU ARE  ACCEPTING THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [INSERT LINK], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES

By using FasTab services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access our services.

Restaurant User Acknowledgement

FastTab relies on information supplied by Restaurants and does not verify this information prior to making it available on the FastTab Platform.  Restaurant users acknowledge that FastTab nor any other person on behalf of FastTab has made any representation or warranty, expressed or implied, as to the Restaurant or the accuracy or completeness of any information regarding the Restaurant furnished or made available to FastTab and its representatives including but not limited to menu information, prices or descriptions of food etc. or any other matter related to the transactions facilitated by the FastTab Platform.

IN NO EVENT WILL FASTTAB BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE

Modifications to the Terms and Conditions and to the Platform 

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the FasTab platform. The FasTab platform consists of its website and related web applications and products.  You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on the FasTab 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.

Your Use of the Platform and Security

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 FasTab 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 FasTab platform, including content or areas of the platform, may require user registration and account creation. It is a condition of your use of the platform that all the information you provide on the platform is correct, current, and complete. 

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 FasTab platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and mobile functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our privacy policy, found at [INSERT LINK TO PRIVACY POLICY]. 

You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Platform owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

Intellectual Property Rights and Ownership

You understand and agree that the FasTab platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, platform layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except: 

  1. your mobile phone or computer browser may temporarily store or cache copies of materials being accessed and viewed;

  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from the FasTab Payments, Inc platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the platform.

Any use of the FasTab 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.

 

Payment Processing Services

Payment processing services for the FasTab Platform are provided by Stripe or payment providers as FasTab may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize FasTab to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the FasTab Platform. You also agree that the FasTab is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.

Price and Payment

Goods prices listed on the FasTab Platform from Restaurants are in Canada and are in Canadian dollars. Good prices may not include applicable tax and service charges. Taxes and service charges may be added at checkout and will be payable by you along with the Order price.

Payment for Orders must be made with an accepted credit or debit card or by cash directly to the Restaurant ("Cash Orders") or online via Stripe. 

The FasTab Platform uses the third party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an electronic billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.  Restaurant prices and any other fees are subject to change at any time at FasTab’s or the Restaurant’s discretion.

Alcohol

If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is served and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Restaurants may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Restaurant, and that the recipient is not intoxicated when receiving their order. If you are unable to meet these conditions to the satisfaction of the Restaurant then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Restaurant. Alcohol orders may be subject to time and location restrictions.
 

No Reliance 

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. 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 site.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties, or guarantees, whether expressed 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 the company 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.

Privacy

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 at [INSERT LINK TO PRIVACY POLICY], as we deem necessary for use of the Platform and provision of services. 

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 platform use patterns. 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].

Third-Party Platforms 

For your convenience, this platform may provide links or pointers to third-party sites. We make no representations about any other platforms 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 platforms, certain content from the FasTab 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. 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. Our platform must not be framed on any other site, nor may you create a link to any part of our website 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 Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 

Geographic Restrictions

FasTab is based in Winnipeg, Canada. We provide this platform for use only by persons located in Canada. The 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.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FASTAB PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM 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 the company 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. Without limiting the foregoing, neither the company 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 Fastab platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the platform and your computer, internet, and data security. 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, mail bombing, 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 platform linked to it.
 

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY 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 (INCLUDING NEGLIGENCE), 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 PLATFORMS OR SUCH OTHER THIRD-PARTY PLATFORMS, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, 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 attorneys' 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.

Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Manitoba 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 Manitoba 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 Manitoba 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.

Dispute Resolution Process

Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) FasTab Payments Including any dispute or controversy arising out of or relating to these Terms of Service, the FasTab Platform or FasTab Services, any interactions or transactions between (1) you and (2) FasTab in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.

Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Manitoba or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. FasTab will pay the reasonable arbitration costs.

Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of FasTab.

Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

Waiver 

Except as otherwise set forth in this Agreement, 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.

Severability

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.

Force Majeure

FasTab will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond FasTab's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and FasTab Payments, Inc. regarding the platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 

Reporting and Contact

This platform is operated by FasTab Payments, Inc., #800 - 136 Market Ave. Winnipeg, MB R3B 0P4.

Should you become aware of misuse of the platform including libelous or defamatory conduct, you must report it to the company at  Support@fastabpayments.com.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to Support@fastabpayments.com.

Last Updated: September 12, 2022