By signing up for, or using the Cafeezy services or any of the services of
Cafeezy. or its affiliates (“Cafeezy”) you are agreeing to be bound by the
following terms and conditions (“Terms of Service”). The services offered by
Cafeezy under the Terms of Service include various products and services to
help you sell goods and services to buyers, whether online (“Online Services”),
in person (“POS Services”), or both. Any such services offered by Cafeezy are
referred to in these Terms of Services as the “Services”. Any new features or
tools which are added to the current Services shall be also subject to the
Terms of Service. You can review the current version of the Terms of Service at
any time at www.cafeezy.com.au/sla. Cafeezy reserves the right to
update and change the Terms of Service by posting updates and changes to the
Cafeezy website. You are advised to check the Terms of Service from time to
time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions
contained in this Terms of Service agreement, including Cafeezy’s Acceptable
Addendum (“DPA”) before you may become a Cafeezy user.
Everyday language summaries are provided for convenience only and
are not legally binding. Please read the “Terms of Service” for the complete
picture of your legal requirements. By using Cafeezy or any Cafeezy services,
you are agreeing to these terms. Be sure to occasionally check back for
1. Account Terms
- You must be 18 years or
older or at least the age of majority in the jurisdiction where you reside
or from which you use this Service.
- To access and use the
Services, you must register for a Cafeezy account (“Account”) by providing
your full legal name, current address, phone number, a valid email
address, and any other information indicated as required. Cafeezy may
reject your application for an Account, or cancel an existing Account, for
any reason, in our sole discretion.
- You acknowledge that Cafeezy
will use the email address you provide as the primary method for
- You are responsible for
keeping your password secure. Cafeezy cannot and will not be liable for
any loss or damage from your failure to maintain the security of your
Account and password.
- You are responsible for all
activity and content such as photos, images, videos, graphics, written
content, audio files, code, information, or data uploaded, collected,
generated, stored, displayed, distributed, transmitted or exhibited on or
in connection with your Account (“Materials”).
- A breach or violation of any
term in the Terms of Service, including the AUP, as determined in the sole
discretion of Cafeezy will result in an immediate termination of your
responsible for your Account and any Materials you upload to the Cafeezy
Service. Remember that with any violation of these terms we will cancel your
need to reach you, we will send you an email.
2. Account Activation
- Subject to section 2.1.2,
the person signing up for the Service will be the contracting party
(“Account Owner”) for the purposes of our Terms of Service and will be the
person who is authorized to use any corresponding account we may provide
to the Account Owner in connection with the Service.
- If you are signing up for
the Service on behalf of your employer, your employer shall be the Account
Owner. If you are signing up for the Service on behalf of your employer,
then you represent and warrant that you have the authority to bind your
employer to our Terms of Service.
- Upon completion of sign up
for the Service, the account owner will need to setup a payment gateway
with Stripe (www.stripe.com)
- You acknowledge that Stripe
will be your default payments gateway(s) and that it is your sole
responsibility as the Account Owner to activate and maintain these
accounts. If you do not wish to keep either of the payment accounts
active, it is your responsibility to deactivate them. For the avoidance of
doubt, Stripe Checkout is a Third Party Service, as defined in Section 12
of these Terms of Service.
- Upon purchasing a domain
name through Cafeezy, domain registration will be preset to automatically
renew each year so long as your Cafeezy Account remains active. You
acknowledge that it is your sole responsibility to deactivate the
auto-renewal function should you choose to do so.
person signing up for the Cafeezy Service is responsible for the account and is
bound by these Terms of Service. If you sign up on behalf of your employer,
your employer owns the account and is also bound by our Terms of Service.
automatically create accounts for you to accept payments. You are responsible
for activating and deactivating these accounts.
domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
read, agree with and accept all of the terms and conditions contained in these
Terms of Service, including the AUP and
a member of Cafeezy.
- Technical support is only
provided to paying Account holders and is only available via email.
- The Terms of Service shall
be governed by and interpreted in accordance with the laws of the State of
Victoria and the laws of Australia applicable therein, without regard to
principles of conflicts of laws. The parties irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts of the State
of Victoria with respect to any dispute or claim arising out of or in
connection with the Terms of Service. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to these
Terms of Service and is hereby expressly excluded.
- You acknowledge and agree
that Cafeezy may amend these Terms of Service at any time by posting the
relevant amended and restated Terms of Service on Cafeezy’s website,
available at www.cafeezy.com.au/sla
and such amendments to the Terms of Service are effective as of the date
of posting. Your continued use of the Services after the amended Terms of
Service are posted to Cafeezy’s website constitutes your agreement to, and
acceptance of, the amended Terms of Service. If you do not agree to any
changes to the Terms of Service, do not continue to use the Service.
- You may not use the Cafeezy
service for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws), the laws applicable to you in your customer’s
jurisdiction, or the laws of Australia and the State of Victoria. You will
comply with all applicable laws, rules and regulations in your use of the
- The Cafeezy API License and
(“Cafeezy API Terms”) govern your access to and use of the Cafeezy API (as
defined therein). You are solely responsible for the activity that occurs
using your API Credentials (as defined in the Cafeezy API Terms) and for
keeping your API Credentials secure.
- You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use
of the Service, or access to the Service without the express written
permission by Cafeezy.
- You shall not purchase
search engine or other pay per click keywords (such as Google AdWords), or
domain names that use Cafeezy or Cafeezy trademarks and/or variations and
- Questions about the Terms of
Service should be sent to firstname.lastname@example.org.
- You understand that your
Materials (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices. Credit Card information is always encrypted during
transfer over networks.
- The Services allow you to
send certain communications to your customers by short message service
(SMS) messaging (for example, sending order confirmation notifications via
SMS) (the "SMS Services"). You will only use the SMS Services in
compliance with this agreement, Message Media Acceptable Use Policy, and the laws of the
jurisdiction from which you send messages, and in which your messages are
- You acknowledge and agree
that your use of the Service, including information transmitted to or
- The Terms of Service may be
available in languages other than English. To the extent of any
inconsistencies or conflicts between these English Terms of Service and Cafeezy’s
Terms of Service available in another language, the most current English
version of the Terms of Service at www.cafeezy.com.au/sla
- All the terms and provisions
of the Terms of Service shall be binding upon and inure to the benefit of
the parties to the Terms of Service and to their respective heirs,
successors, permitted assigns and legal representatives. Cafeezy shall be
permitted to assign these Terms of Service without notice to you or
consent from you. You shall have no right to assign or otherwise transfer
the Terms of Service, or any of your rights or obligations hereunder, to
any third party without Cafeezy’s prior written consent, to be given or
withheld in Cafeezy’s sole discretion.
service belongs to us. You are not allowed to rip it off or use it for any
illegal or sketchy purpose.
dispute arises the issue will be dealt with in the State of Victoria.
Materials may be transferred unencrypted and may be altered, but credit card
information is always encrypted.
4. Cafeezy Rights
- We reserve the right to
modify or terminate the Service for any reason, without notice at any
- We reserve the right to
refuse service to anyone for any reason at any time.
- We may, but have no
obligation to, remove Materials and suspend or terminate Accounts if we
determine in our sole discretion that the goods or services offered via a
store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms
- Verbal or written abuse of
any kind (including threats of abuse or retribution) of any Cafeezy
customer, Cafeezy employee, member, or officer will result in immediate
- Cafeezy does not pre-screen
Materials and it is in our sole discretion to refuse or remove any
Materials from the Service.
- We reserve the right to
provide our services to your competitors and make no promise of
exclusivity in any particular market segment. You further acknowledge and
agree that Cafeezy employees and contractors may also be Cafeezy
customers/merchants and that they may compete with you, although they may
not use your confidential information in doing so.
- In the event of a dispute
regarding Account ownership, we reserve the right to request documentation
to determine or confirm Account ownership. Documentation may include, but
is not limited to, a scanned copy of your business registration,
government issued photo ID, the last four digits of the credit card on
- Cafeezy retains the right to
determine, in our sole judgment, rightful Account ownership and transfer
an Account to the rightful owner. If we are unable to reasonably determine
the rightful Account owner, Cafeezy reserves the right to temporarily
disable an Account until resolution has been determined between the
modify, cancel or refuse the service at anytime.
event of an ownership dispute over a Cafeezy account, we can freeze the account
or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and
agree that Cafeezy shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses resulting from the use of or inability to use the
- In no event shall Cafeezy or
our suppliers be liable for lost profits or any special, incidental or
consequential damages arising out of or in connection with our site, our
services or these Terms of Service (however arising including negligence).
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, Cafeezy partners, officers, directors, agents,
employees, and suppliers harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out
of your breach of these Terms of Service or the documents it incorporates
by reference (including the AUP), or your violation of any law or the
rights of a third party.
- Your use of the Service is
at your sole risk. The Service is provided on an “as is” and “as
available” basis without any warranty or condition, express, implied or
- Cafeezy does not warrant
that the Service will be uninterrupted, timely, secure, or error-free.
- Cafeezy does not warrant
that the results that may be obtained from the use of the Service will be
accurate or reliable.
- Cafeezy does not warrant
that the quality of any products, services, information, or other
Materials purchased or obtained by you through the Service will meet your
expectations, or that any errors in the Service will be corrected.
not responsible if you break the law, breach this agreement or go against the
rights of a third party, especially if you get sued.
is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
failure of Cafeezy to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. The Terms
of Service and the documents it incorporates by reference constitute the entire
agreement between you and Cafeezy and govern your use of the Service,
superseding any prior agreements between you and Cafeezy (including, but not
limited to, any prior versions of the Terms of Service).
chooses not to enforce any of these provisions at any time, it does not mean
that they give up that right later.
terms of service make up the agreement that applies to you. This means that any
previous agreements between you and Cafeezy don’t apply if they conflict with
7. Intellectual Property and Customer Content
- We do not claim any
intellectual property rights over the Materials you provide to the Cafeezy
service. All Materials you upload remains yours. You can remove your Cafeezy
store at any time by deleting your Account.
- By uploading Materials, you
agree: (a) to allow other internet users to view the Materials you post
publicly to your store; (b) to allow Cafeezy to store, and in the case of
Materials you post publicly, display, your Materials; and (c) that Cafeezy
can, at any time, review all the Materials submitted to its Service,
although Cafeezy is not obligated to do so.
- You retain ownership over
all Materials that you upload to a Cafeezy store; however, by making your
store public, you agree to allow others to view Materials that you post
publicly to your store. You are responsible for compliance of the
Materials with any applicable laws or regulations.
- We will not disclose your
confidential information to third parties (“Your Confidential
Information”), except as required in the course of providing our services.
Your Confidential Information includes any Materials or information
provided by you to us which is not publicly known. Your Confidential
Information does not include information that: (a) was in the public
domain at the time we received it; (b) comes into the public domain after
we received it through no fault of ours; (c) we received from someone
other than you without breach of our or their confidentiality obligations;
or (d) we are required by law to disclose; (e) On cessation of the
agreement with Cafeezy any customers that sign up to the platform will be
retained by Cafeezy. Cafeezy may use this information for any purpose that
it sees fit. You may request a copy of this data within 30 days of the
agreement termination date. Cafeezy will provide an electronic copy of the
data in a format that can be manipulated using a spreadsheet program.
- Cafeezy shall have the
non-exclusive right and license to use the names, trademarks, service
marks and logos associated with your store to promote the Service.
you upload remains yours and your responsibility.
8. POS Services
addition to the terms applicable to Services generally, the following terms
apply to your access and use of the POS Services. The POS Services include the Cafeezy
POS software (“POS Software”), the Cafeezy POS website, located at www.cafeezy.com.au/sla, programs,
documentation, apps, tools, internet-based services and components, Cafeezy’s
POS hardware (“POS Equipment”) and any updates thereto provided to you by Cafeezy.
- Access to and use of the POS
Services requires that you have an active and valid Account.
- If your POS Services are
enabled with Cafeezy Payments (Stripe), you cannot concurrently use any
other payment processing service. The payment gateway used for your POS
Services must the same as that used for your Online Services, if applicable.
- You can terminate your POS
Services without terminating your Account or any other Services you
subscribe to, and in such case, you will continue to be billed, and will
pay for, the Services (other than the terminated POS Services).
- You agree to use the POS
Services in accordance with all procedures that may be provided by Cafeezy
from time to time.
- While the POS Services use
encryption technology, and the law generally prohibits third parties from
monitoring transmission, we cannot guarantee security with respect to the
connection to the POS Services, and we will not be liable for any
unauthorized access to or use of data transmitted via the POS Services.
- POS Equipment is purchased,
and not leased. Purchase of the POS Equipment is subject to the POS Equipment
Agreement, located at www.cafeezy.com.au/sla.
Upon payment by you for the POS Equipment, and confirmation to you of
shipment of the POS equipment, you will acquire ownership of and title to
the hardware components of the POS Equipment, and you will be licensed to
access and use all POS Software installed in the POS Equipment (and any
updates thereto), on a limited, non-exclusive, revocable,
non-sublicensable, non-transferable basis, solely for the purposes of
using the POS Services. POS Equipment is subject to our Return Policy,
which can be found at www.cafeezy.com.au/sla.
Returns and refunds are not available for the Chip & Swipe Reader,
Swipe (Audio Jack) and physical gift cards purchased from the Cafeezy Hardware
- The Fees for POS Services
shall be determined based on the number of locations using the POS
Services. Locations are defined by business address and are used for
associating orders with a specific business address. Locations are added
through the Cafeezy web administrative console. The number of locations
using POS Services will also be detected by us and billed accordingly as
part of your regular Billing Cycle. In the event of any discrepancy
between the number of locations added by you through the Cafeezy web
administrative console and the number of locations detected by Cafeezy,
the number of locations detected by Cafeezy shall be deemed to be correct.
use our POS Services, you must use the same payment processor that you use for
the Online Services. You can cancel your POS Services at any time and still
keep your Online Services active. We take data security very seriously, but we
can’t guarantee that all transmissions using the POS Equipment are 100% secure.
All transactions transmitted using the POS Equipment are at your own risk.
Remember that the POS equipment is purchased, not leased. Our POS Equipment
return policy applies to all POS equipment, except Chip & Swipe Reader,
Swipe (Audio Jack) and physical gift cards.
9. Payment of Fees
- You will pay the Fees
applicable to your subscription to Online Service and/or POS Services
(“Subscription Fees”) and any other applicable fees, including but not
limited to applicable fees relating to the value of sales made through
your store when using all payment providers (“Transaction Fees”), and any
fees relating to your purchase or use of any products or services such as Cafeezy
Payments, POS Equipment, shipping, apps, Themes, domain names, or Third
Party Services (“Additional Fees”). Together, the Subscription Fees,
Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit
card on file with us to pay for all incurred and recurring Fees. Cafeezy
will charge applicable Fees to the credit card account that you authorize
(“Authorized Card”), and Cafeezy will continue to charge the Authorized
Card (or any replacement card) for applicable Fees until the Services are
terminated, and any and all outstanding Fees have been paid in full.
Unless otherwise indicated, all Fees and other charges are in Australian.
dollars, and all payments shall be in Australian currency.
- Subscription Fees are paid
in advance and will be billed in 30 day intervals (each such date, a
“Billing Date”). Transaction Fees and Additional Fees will be charged from
time to time at Cafeezy’s discretion. You will be charged on each Billing
Date for all outstanding Fees that have not previously been charged. Fees
will appear on an invoice, which will be sent to the Account Owner via the
email provided. As well, an invoice will appear on the Account page of
your Cafeezy administration console. Users have approximately two weeks to
bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to
process payment of Fees using the Authorized Card, we will make a second
attempt to process payment using the Authorized Card 3 days later. If the
second attempt is not successful, we will make a final attempt 3 days
following the second attempt. If our final attempt is not successful, we
may suspend and revoke access to your Account. Your Account will be
reactivated upon your payment of any outstanding Fees, plus the Fees
applicable to your next Billing Cycle. You will not be able to access your
Account during any period of suspension. If the outstanding Fees remain
unpaid for 60 days following the date of suspension, Cafeezy reserves the
right to terminate your Account.
- All Fees are exclusive of
applicable federal, provincial, state, local or other governmental sales,
goods and services, harmonized or other taxes, fees or charges now in
force or enacted in the future (“Taxes”).
- You are responsible for all
applicable Taxes that arise from or as a result of your subscription to or
purchase of Cafeezy’s products and services. These Taxes are based on the
rates applicable to the billing address you provide to us. Such amounts
are in addition to the Fees for such products and services and will be
billed to your Authorized Card. If you are exempt from payment of such
Taxes, you must provide us with evidence of your exemption, which in some
jurisdictions includes an original certificate that satisfies applicable
legal requirements attesting to tax-exempt status. Tax exemption will only
apply from and after the date we receive evidence satisfactory to Cafeezy
of your exemption. If you are not charged Taxes by Cafeezy, you are
responsible for determining if Taxes are payable, and if so,
self-remitting Taxes to the appropriate tax authorities in your
- You must maintain your
current location in the administration menu of your Cafeezy store and
promptly update your location if you move jurisdictions. If you change
jurisdictions you must promptly update your location in the administration
- Cafeezy does not provide
credit card is required for all stores. You will be billed for your
Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will
be charged to your credit card. If we are not able to process payment of Fees
using your credit card, we will try your credit card again 3 days following the
initial failed attempt. If we are unable to process payment of Fees on the
second attempt, we will attempt to process payment of Fees on your credit card
a third and final time 3 days following the second attempt. If payment of Fees
is unsuccessful after three attempts, Cafeezy may freeze your store. You may be
required to remit Taxes to Cafeezy or to self-remit to your local taxing
authority. No refunds.
10. Cancellation and Termination
- You may cancel your Account
at any time by emailing email@example.com
and then following the specific instructions indicated to you in Cafeezy’s
- Upon termination of the
Services by either party for any reason:
- Cafeezy will cease
providing you with the Services and you will no longer be able to access
- unless otherwise provided
in the Terms of Service, you will not be entitled to any refunds of any
Fees, pro rata or otherwise;
- any outstanding balance
owed to Cafeezy for your use of the Services through the effective date
of such termination will immediately become due and payable in full; and
- your store website will be
- If you purchased a domain
name through Cafeezy, upon cancellation your domain will no longer be
automatically renewed. Following cancellation, it will be your sole
responsibility to handle all matters related to your domain with the
- If at the date of
termination of the Service, there are any outstanding Fees owing by you,
you will receive one final invoice via email. Once that invoice has been
paid in full, you will not be charged again.
- We reserve the right to
modify or terminate the Cafeezy Service or your Account for any reason,
without notice at any time.
- Fraud: Without limiting any
other remedies, Cafeezy may suspend or terminate your Account if we
suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in
connection with the Site.
initiate a cancellation, email firstname.lastname@example.org.
Cafeezy will respond with specific information regarding the cancellation
process for your account. Once cancellation is confirmed, domains purchased
through Cafeezy will no longer be automatically renewed. If you cancel in the
middle of your billing cycle, you’ll have one last email invoice.
change or cancel your account at any time. Any fraud and we will suspend or
cancel your account.
11. Modifications to the Service and Prices
- Prices for using the
Services are subject to change upon 30 days’ notice from Cafeezy. Such
notice may be provided at any time by posting the changes to the Cafeezy
Site (cafeezy.com.au) or the administration menu of your Cafeezy store via an
- Cafeezy reserves the right
at any time, and from time to time, to modify or discontinue, the Service
(or any part thereof) with or without notice.
- Cafeezy shall not be liable
to you or to any third party for any modification, price change,
suspension or discontinuance of the Service.
change or discontinue the service at anytime, without liability.
12. Third Party Services, Experts, and Experts
- Cafeezy may from time to
time recommend, provide you with access to, or enable third party
software, applications (“Apps”), products, services or website links
(collectively, “Third Party Services”) for your consideration or use,
including via the Cafeezy App Store. Such Third Party Services are made
available only as a convenience, and your purchase, access or use of any
such Third Party Services is solely between you and the applicable third
party services provider (“Third Party Provider”). In addition to these
Terms of Service, you also agree to be bound by the additional
service-specific terms applicable to services you purchase from, or that
are provided by, Third Party Providers.
- Any use by you of Third
Party Services offered through the Servicesor Cafeezy’s website is
entirely at your own risk and discretion, and it is your responsibility to
read the terms and conditions and/or privacy policies applicable to such
Third Party Services before using them. In some instances, Cafeezy may
receive a revenue share from Third Party Providers that Cafeezy recommends
to you or that you otherwise engage through your use of the Services.
- We do not provide any
warranties with respect to Third Party Services. You acknowledge that Cafeezy
has no control over Third Party Services and shall not be responsible or
liable to anyone for such Third Party Services. The availability of Third
Party Services on Cafeezy’s websites, including the Cafeezy App Store or
the integration or enabling of such Third Party Services with the Services
does not constitute or imply an endorsement, authorization, sponsorship,
or affiliation by or with Cafeezy. Cafeezy does not guarantee the
availability of Third Party Services and you acknowledge that Cafeezy may
disable access to any Third Party Services at any time in its sole
discretion and without notice to you. Cafeezy is not responsible or liable
to anyone for discontinuation or suspension of access to, or disablement
of, any Third Party Service. Cafeezy strongly recommends that you seek
specialist advice before using or relying on Third Party Services, to
ensure they will meet your needs. In particular, tax calculators should be
used for reference only and not as a substitute for independent tax advice
when assessing the correct tax rates you should charge to your customers.
- If you install or enable a
Third Party Service for use with the Services, you grant us permission to
allow the applicable Third Party Provider to access your data and to take
any other actions as required for the interoperation of the Third Party
Service with the Services, and any exchange of data or other interaction
between you and the Third Party Provider is solely between you and such
Third Party Provider. Cafeezy is not responsible for any disclosure,
modification or deletion of your data or other Materials, or for any
corresponding losses or damages you may suffer, as a result of access by a
Third Party Service or a Third Party Provider to your data or other
- Google Maps is a Third Party
Service that is used within the Services. Your use of the Service is
subject to your acceptance of the Google Maps and Earth Enterprise
Universal Acceptable Use Policy,
Google Maps and Google Earth Additional Terms
of Service and Google Privacy
Policy as it may be amended by Google from time to time.
- The relationship between you
and any Third Party Provider is strictly between you and such Third Party
Provider, and Cafeezy is not obligated to intervene in any dispute arising
between you and a Third Party Provider.
- Under no circumstances shall
Cafeezy be liable for any direct, indirect, incidental, special,
consequential, punitive, extraordinary, exemplary or other damages
whatsoever, that result from any Third Party Services or your contractual
relationship with any Third Party Provider. These limitations shall apply
even if Cafeezy has been advised of the possibility of such damages. The
foregoing limitations shall apply to the fullest extent permitted by
- You agree to indemnify and
hold us and (as applicable) our parent, subsidiaries, affiliates, Cafeezy
partners, officers, directors, agents, employees, and suppliers harmless
from any claim or demand, including reasonable attorneys’ fees, arising
out of your use of a Third Party Service or your relationship with a Third
not responsible for third party services so use them at your own risk. If you
use any Third Party Services on the Cafeezy platform, you permit us to send
your data to those services. If you use them you agree that we do not provide a
warranty, so get advice beforehand.
13. Beta Services
to time, Cafeezy may, in its sole discretion, invite you to use, on a trial basis,
pre-release or beta features that are in development and not yet available to
all merchants (“Beta Services”). Beta Services may be subject to additional
terms and conditions, which Cafeezy will provide to you prior to your use of
the Beta Services. Such Beta Services and all associated conversations and
materials relating thereto will be considered Cafeezy Confidential Information
and subject to the confidentiality provisions in this agreement. Without
limiting the generality of the foregoing, you agree that you will not make any
public statements or otherwise disclose your participation in the Beta Services
without Cafeezy’s prior written consent. Cafeezy makes no representations or
warranties that the Beta Services will function. Cafeezy may discontinue the
Beta Services at any time in its sole discretion. Cafeezy will have no
liability for any harm or damage arising out of or in connection with a Beta
Service. The Beta Services may not work in the same way as a final version. Cafeezy
may change or not release a final or commercial version of a Beta Service in
our sole discretion.
14. Feedback and Reviews
welcomes any ideas and/or suggestions regarding improvements or additions to
the Services. Under no circumstances shall any disclosure of any idea,
suggestion or related material or any review of the Services, Third Party
Services or any Third Party Provider (collectively, “Feedback") to Cafeezy
be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to Cafeezy (whether submitted directly to Cafeezy or
posted on any Cafeezy hosted forum or page), you waive any and all rights in
the Feedback and that Cafeezy is free to implement and use the Feedback if
desired, as provided by you or as modified by Cafeezy, without obtaining
permission or license from you or from any third party. Any reviews of a Third
Party Service or Third Party Provider that you submit to Cafeezy must be
accurate to the best of your knowledge, and must not be illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable. Cafeezy
reserves the right (but not the obligation) to remove or edit Feedback of Third
Party Services or Third Party Providers, but does not regularly inspect posted
15. DMCA Notice and Takedown Procedure
supports the protection of intellectual property and asks Cafeezy merchants to
do the same. It’s our policy to respond to all notices of alleged copyright
infringement. If someone believes that one of our merchants is infringing their
intellectual property rights, they can send a DMCA Notice to Cafeezy’s
designated agent using our form. Upon receiving a DMCA Notice, we may remove or
disable access to the Materials claimed to be a copyright infringement. Once
provided with a notice of takedown, the merchant can reply with a counter
notification using our form if they object to the complaint. The original
complainant has 14 business days after we receive a counter notification to
seek a court order restraining the merchant from engaging in the infringing
activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
respects intellectual property rights and you should too. If we receive a DMCA
Notice, we may disable access or remove the allegedly infringing content from
your website. If you don’t think the claim is valid, you can proceed with a
believe one of our merchants is infringing your intellectual property rights,
you can send Cafeezy a DMCA Notice. We will expeditiously disable access or
remove the content and notify the merchant. Be advised that we post all notices
16. Cafeezy Confidential Information
the course of your use of the Services, you may receive information relating to
us, or to the Services, that is not known to the general public including
information related to our security program and practices (“Cafeezy
Confidential Information”). You agree that: (a) Cafeezy Confidential
Information will remain Cafeezy’s exclusive property; (b) you will use Cafeezy
Confidential Information only as is reasonably necessary for your use of or
participation in the Services; (c) you will not otherwise disclose Cafeezy
Confidential Information to any third party, except that you may disclose to
your affiliates, employees, subcontractors and agents who, in each case, are
subject to confidentiality obligations at least as protective of the Cafeezy
Confidential Information as those contained in these Terms of Service; and (d)
you will take all reasonable measures to protect the Cafeezy Confidential
Information against any use or disclosure that is not expressly permitted in these
Terms of Service.
receive Cafeezy Confidential Information you are required to protect it.
19. Privacy & Data Protection
is firmly committed to protecting the privacy of your personal information and
the personal information of your customers. By using the Service, you
acknowledge and agree that Cafeezy’s collection, usage and disclosure of this
personal information is governed by our Privacy
Additionally, if you or your customers are located in Europe, Cafeezy’s use and
collection of European personal information is further governed by our Data