End User Terms

1. Purpose and Scope

• These Terms govern the access to and use, by the End User, of the digital interfaces made available through the TABLE8 platform, including digital menus, QR codes, orders, bookings, room service, payments and associated functionalities, whenever such interfaces are made available by a hotel, restaurant, bar or other participating establishment.
• TABLE8 is a technological infrastructure operated by Guagee Solutions, Lda., which allows the participating establishment to make content available, receive orders, organise operations and, where applicable, integrate payment and communication flows.
• By accessing, consulting, interacting with, submitting an order, making a booking, requesting room service or using any functionality made available through TABLE8, the End User acknowledges and accepts these Terms.

2. Contractual Separation and Absence of a Commercial Relationship with Guagee

• Any contract for the sale and purchase, provision of meals, beverages, room service, bookings, supplements, fees, extras or other goods and services presented through TABLE8 is concluded exclusively between the End User and the participating establishment that makes the relevant interface available.
• Guagee Solutions, Lda. is not the seller, supplier, attorney, commission agent, agent, distributor, trader, food business operator, hotel services provider, merchant of record, collection entity acting in its own name, nor a substantive party to the transaction concluded between the End User and the participating establishment.
• The provision of TABLE8 does not create any contractual relationship for the supply of goods or services between Guagee and the End User, except to the strict extent that this is mandatorily required by law.

3. Exclusive Responsibility of the Participating Establishment

• The participating establishment is solely and exclusively responsible for the menus, descriptions, photographs, prices, supplements, availability, preparation times, commercial policies, opening hours, promotions, booking conditions, room service conditions, cancellations, refunds, charges, customer service and all other elements presented to the End User.
• The participating establishment is likewise solely responsible for the preparation, cooking, preservation, safety, quality, hygiene, wholesomeness, internal transport, delivery, presentation, conformity, legality and fitness of the goods and services made available to the End User.
• All mandatory information relating to allergens, ingredients, dietary restrictions, availability, prices, taxes, fees, service characteristics and all other information legally required to be provided to the consumer is the exclusive responsibility of the participating establishment.
• Any complaint relating to the product, service, booking, room service, quality, quantity, price, delay, unavailability, allergens, invoicing, cancellation, refund or the material performance of the service must be addressed directly to the participating establishment.

4. Guagee’s Purely Technological Role

• Guagee merely makes the TABLE8 technological infrastructure available and assumes no obligation of result in relation to the material performance of the goods or services presented by the participating establishment.
• Guagee does not control, validate, certify, approve, supervise or guarantee the accuracy, lawfulness, completeness, currency, quality, safety or conformity of the contents, menus, services, bookings, prices, discounts, availability or commercial practices of the participating establishment.
• The End User’s use of TABLE8 does not imply any guarantee, certification, legal validation or assumption of substantive responsibility by Guagee in relation to the content or the commercial operation of the participating establishment.

5. Pagamentos

• Whenever the TABLE8 interface supports electronic payments, the financial processing is, as a rule, carried out by third-party payment providers and/or through an account held by the participating establishment, in accordance with the terms defined by that establishment and the relevant financial provider.
• Guagee does not receive, hold, move, settle, custody or administer the End User’s funds in its own name, nor does it act as a payment institution, financial intermediary or final beneficiary of the amounts paid to the participating establishment.
• Issues relating to charges, payment failure, reversal, chargeback, cancellation, refund, duplicate charging, pricing error, settlement delay or any financial dispute associated with the purchased good or service must be dealt with between the End User, the participating establishment and, when applicable, the relevant payment provider.
• To the fullest extent permitted by law, Guagee shall not be liable for payment refusals, blocks, holds, enhanced verification, API unavailability, chargebacks, fraud, reversals or any measures applied by third-party payment providers.

6. Data Entered by the End User

• The End User undertakes to enter only true, accurate, current and complete data and shall refrain from entering false, misleading, unlawful, offensive, fraudulent or other information capable of compromising the operation of the participating establishment or TABLE8.
• Whenever the End User enters notes, observations, special instructions or supplementary information, the End User acknowledges that such data may be transmitted to the participating establishment for the purpose of performing the requested order, booking or service.
• The End User should not enter excessive, sensitive or unnecessary personal data in the free-text fields of the interface, unless this is strictly necessary and legitimately requested by the participating establishment.

7. Platform Availability and Technical Failures

• Guagee shall use commercially reasonable efforts to keep TABLE8 available, but does not guarantee uninterrupted operation, absence of errors, specific response times, continuous availability or fault-free functioning.
• Guagee shall not be liable for interruptions, delays, errors, unavailability, synchronisation failures, network failures, power failures, hardware problems, device incompatibilities, third-party unavailability, cloud infrastructure failures, gateways, APIs, PMS, POS, messaging services or any external technical dependencies.
• The existence of a technical failure shall not, in itself, give rise to any obligation on the part of Guagee to compensate the End User for indirect losses, loss of profit, loss of opportunity, inconvenience, wasted journeys or losses associated with the operation of the participating establishment, without prejudice to what may mandatorily result from the law.

8. Limitation and Exclusion of Liability Towards the End User

• To the fullest extent permitted by law, Guagee shall not be liable to the End User for any indirect, incidental, special, consequential, punitive or reflective losses, including loss of time, loss of opportunity, inconvenience, frustrated expectations, loss of data, communication failure or interruption of access.
• To the fullest extent permitted by law, Guagee shall not be liable for: (a) inaccuracies in menus, prices, images, descriptions or availability; (b) errors in preparation, delivery, service or customer assistance; (c) allergens, cross-contamination, food safety or product quality; (d) the participating establishment’s commercial policies, cancellations, refunds or invoicing; (e) acts, omissions, breaches, human errors or practices of the participating establishment or its staff; (f) acts, unavailability or decisions of third-party providers, including payment processors, network operators, cloud services or external APIs.
• If, notwithstanding the provisions of the preceding paragraphs, Guagee’s liability towards the End User is recognised in relation to the mere making available of the technological interface, such liability shall, to the fullest extent permitted by law, be limited to the amount effectively paid by the End User, through the interface itself, in relation to the specific transaction directly affected.
• Nothing in these Terms excludes or limits liability which cannot be legally excluded or limited under the applicable mandatory provisions.

9. Complaints and the Appropriate Channel

• The End User must first address any operational or commercial complaint, or any complaint related to the product or service, to the participating establishment responsible for the relevant offer.
• Where the complaint relates exclusively to the technical functioning of the TABLE8 interface, the End User may contact Guagee through the contacts disclosed on the institutional TABLE8 website.
• The submission of a complaint to Guagee does not imply acknowledgement of substantive responsibility for goods, services, payments, bookings or commercial operations of the participating establishment.

10. Right of Suspension or Blocking

• Guagee may limit, suspend or block any End User’s access to the TABLE8 interface, without prior notice, whenever there is reasonable suspicion of abusive, fraudulent, unlawful or automated use capable of compromising the security, integrity of the platform, or the legitimate interests of Guagee, the participating establishment or third parties.
• Among other situations, this clause applies to attempted fraud, price manipulation, unauthorised testing, scraping, insertion of malicious code, use of bots, abuse of promotions, operational disruption or use contrary to the law.

11. Governing Law and Dispute Resolution

• These Terms are governed by Portuguese law.
• Without prejudice to the mandatory rules of consumer protection and the applicable legal rules on territorial jurisdiction, any dispute arising from the mere technological use of TABLE8 shall be heard by the competent Portuguese courts.
• Whenever required by law or permitted by the applicable procedure, the End User may resort to the legally available complaint and alternative dispute resolution mechanisms in relation to the entity materially responsible for the sale or provision of the service.

Recommended Implementation Elements

Final Note

This document must be read together with the general TABLE8 Terms & Conditions, the Privacy Policy, the Cookie Policy and, where applicable, the participating establishment’s own commercial conditions.