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 Use Policy (“AUP”) and Privacy Policy, and, if applicable, Data Processing 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 updates.

 

1. Account Terms

  1. 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.
  2. 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.
  3. You acknowledge that Cafeezy will use the email address you provide as the primary method for communication.
  4. 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.
  5. 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”).
  6. 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 services.

 

Which means

You are 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 service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Cafeezy Account

  1. 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.
  2. 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.

2.2 Cafeezy Payments Accounts

  1. Upon completion of sign up for the Service, the account owner will need to setup a payment gateway with Stripe (www.stripe.com)
  2. 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.

2.3 Domain Names

  1. 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.

Which means

The 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.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

 

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Cafeezy.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. 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.
  3. 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.
  4. 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 Service.
  5. The Cafeezy API License and Terms of Use at www.cafeezy.com.au/sla (“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.
  6. 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.
  7. 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 misspellings thereof.
  8. Questions about the Terms of Service should be sent to support@cafeezy.com.au.
  9. 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.
  10. 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 received.
  11. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Cafeezy, is governed by its privacy policy at www.cafeezy.com.au/privacy-policy
  12. 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 will prevail.
  13. 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.

Which means

The Cafeezy service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the State of Victoria.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Cafeezy Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. 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 of Service.
  4. 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 Account termination.
  5. Cafeezy does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  6. 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.
  7. 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 file, etc.
  8. 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 disputing parties.

Which means

We can modify, cancel or refuse the service at anytime.

In the 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

  1. 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 service.
  2. 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.
  3. 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 statutory.
  4. Cafeezy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Cafeezy does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. 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.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

 

6. Waiver and Complete Agreement

The 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).

Which means

If Cafeezy chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These 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 these terms.

7. Intellectual Property and Customer Content

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Which means

Anything you upload remains yours and your responsibility.

8. POS Services

In 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.

  1. Access to and use of the POS Services requires that you have an active and valid Account.
  2. 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.
  3. 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).
  4. You agree to use the POS Services in accordance with all procedures that may be provided by Cafeezy from time to time.
  5. 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.
  6. 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 Store.
  7. 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.

 

 

Which means

If you 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

  1. 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”.
  2. 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.
  3. 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.
  4. 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.
  5. 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”).
  6. 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 jurisdiction.
  7. 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 menu.
  8. Cafeezy does not provide refunds.

Which means

A valid 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

  1. You may cancel your Account at any time by emailing support@cafeezy.com.au and then following the specific instructions indicated to you in Cafeezy’s response.
  2. Upon termination of the Services by either party for any reason:
    1. Cafeezy will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. 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
    4. your store website will be taken offline.
  3. 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 domain provider.
  4. 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.
  5. We reserve the right to modify or terminate the Cafeezy Service or your Account for any reason, without notice at any time.
  6. 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.
  7.  

Which means

To initiate a cancellation, email support@cafeezy.com.au. 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.

We may 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

  1. 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 announcement.
  2. 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.
  3. Cafeezy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Which means

We may change or discontinue the service at anytime, without liability.

12. Third Party Services, Experts, and Experts Marketplace

  1. 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.
  2. 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.
  3. 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.
  4. 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 Materials.
  5. 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.
  6. 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.
  7. 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 applicable law.
  8. 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 Party Provider.

Which means

We are 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

From time 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

Cafeezy 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 Feedback.

15. DMCA Notice and Takedown Procedure

Cafeezy 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.

Which means

Cafeezy 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 counter notification.

If you 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 we receive.

16. Cafeezy Confidential Information

During 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.

Which means

If you receive Cafeezy Confidential Information you are required to protect it.

19. Privacy & Data Protection

Cafeezy 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 Policy.

Which means

Cafeezy’s use and collection of personal information is governed by our Privacy Policy. 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 Processing Addendum.

Cafeezy

Melbourne

Victoria

 

Additional information to the T&C

 

Payment

All café customers will start on $29.90 Ex Gst, unless negotiated otherwise.

The pricing structure will increase in the following way.

·      When a café on boards 99 customers it increases to $49.90 Ex Gst

·      When a café increases it customer base to 299 it will increase to $79.90 Ex Gst

·      When a café increases its membership to 500 plus members, Cafeezy will build an App at no additional cost. The $79.90 Ex Gst will continue as long as the café uses cafeezy applications.

·      There are no exceptions unless negotiated otherwise.

 

Domain names

 

If cafeezy purchases a domain name for a customer (café or other industries) the domain will belong to cafeezy if the customer chooses not to pay for the domain.

If the customer chooses to take the domain for the reasons of moving to another provider or selling the business etc, Cafeezy can and will charge market value for the domain name.