Terms and conditions for the purchase and usage of the devices and services provided by ALWANS for Information Technology and its affiliates and/or agents.
In these terms and Conditions:
“ALWANS for Information Technology” shall be referred to as Foodics.
“Foodics Terms and Conditions” shall be referred herein as “the Terms/conditions as the case may be”
“Customer” means Foodics’s customer who purchases or acquires devices, applications or licenses.
1- Foodics Terms and Conditions:
1.1 These Terms and Conditions shall apply to the customers purchasing and using hardware(s), software(s) and/or service(s) provided by Foodics, which shall be paid in advance by monthly, quarterly or yearly recurring payments as detailed in the article 3 and as part of Foodics’s DaaS (device as a service) and SaaS (software as a service) models
1.2 All compatible hardware items with Foodics system, shall be linked to Foodics Cloud – based Ipad point-of- sales (POS), restaurants management and operating systems as well as all associated Services and add-ons including third Party Services (referred to in this contract as “the Services”) – offered by Foodics or its affiliate companies and agents.
1.3 The customer shall read these Terms and Conditions carefully before using the hardware(s) and/or the service(s). Foodics reserves the right at its sole discretion, to amend, modify, add and remove portions of these Terms, at any time, by announcing the latter within seven (7) days’ time and displaying the latter on its website, in a practical way. The customer is responsible to check these Terms periodically.
By using Foodics devices or services, the customer is presumed to agree to be legally bound by these Terms and threaten all rights not expressly granted to him/her/it in these Terms are exclusively reserved by Foodics.
2- The rights of Foodics to amend its services:
Foodics may, at any time, add, amend, or remove functionalities of the services or the hardware or implement technical adjustments and improvements to enhance or maintain the product. These amendments may affect the customer’s usage of the services and/or the hardware at any time. Any information listed in these Terms shall not be taken as a guarantee that all the services and/or the hardware will always be available or functioning either in its current form, or that Foodics will support, maintain or continue to offer the services or the hardware.
3- Payment and Process:
3.1.1 Following the Order Form signature and receipt of Foodics invoice, the customer has to approve the detailed amounts mentioned in the invoice, through the manual or digital signature. Foodics may also request the customer to provide corporate documents such as, but not limited to the commercial registration as it may deem appropriate.
Once the online payment is successfully completed, the customer shall automatically receive an electronic payment receipt as a proof of payment.
3.2- Customer’s order will not be processed, unless the customer pays the due amounts as per the agreed terms, as Foodics is not obliged to make any services or hardware available before this.
The activation of the services shall be made within a non-renewable period of 30 (thirty) days of the agreed date of payment of the amounts due.
Foodics will not be liable to make any refund of the amounts paid. The activation shall automatically be made upon full online or direct payment.
In regard to the online sales, the activation shall be made immediately after the successful completion of the payment through the dedicated online platform.
In regard to the provision of other services, Foodics shall be liable to render such services as of the date of full payment due.
In case of online payments by installments, the customer will be obliged to complete the payment in due time, and shall be liable to pay the remaining installments as they fall due, for him to be entitled to keep his account activated.
By accepting these Terms and Conditions, the customer gives Foodics the rights to deduct from his/ her/ its bank account, based on the payment information provided, the amounts due in due time.
In case of unsuccessful transaction, the
customer shall be notified via email and/or any other means of communication and will be given a 5 (five) day notice to facilitate and complete his payment, otherwise, his console functionalities shall be deactivated right after the said period.
If the customer fails to pay the due amount within a total period of 10 (ten) days from the payment due date, all the business cashier applications shall be deactivated.
The full payment of all the pending invoices allows the customer to retrieve all his/her/its technical and operational functionalities and access.
3.3 In the event of online sales, the customer will have the option to upgrade or downgrade their subscription plan as per the following:
– If the customer decides to upgrade his/her/its yearly subscription plan to a higher yearly subscription plan, he/she/it shall be requested to pay the difference of charges between these two plans until the end of the current billing cycle which shall remain unchanged. The customer will be charged the full amount as per the new plan starting from the next billing cycle. The new plan shall immediately come into force from the moment the payment receipt has been generated and sent to the customer.
– If the customer decides to upgrade his/her/it monthly or quarterly subscription plan to a higher monthly or quarterly plan respectively, he/she/it shall be requested to pay the difference of charges between these two plans, until the end of the current billing cycle which shall remain unchanged. The customer will be charged the full amount as per the new subscription plan purchased starting from the next billing cycle. The new plan shall immediately come into force from the moment the payment receipt has been generated and sent to the customer.
– If the customer decides to upgrade his/her/its monthly or quarterly subscription plan to a yearly subscription plan (equivalent or higher), the yearly subscription plan shall come into effect right after the end of the current billing cycle with a validity period of 12 months. The customer will be charged for the new yearly subscription plan purchased upon the successful completion of the payment.
– For either monthly, quarterly or yearly subscription plans, the customer will be able to downgrade his plan at any time. However, the downgrade shall only come into effect at the end of the current billing cycle.
3.4 If the customer doesn’t request the installation service and/or collect the hardware within one month from the payment date, the company has the right not to provide the installation service/hardware.
4- Data Registration and Account Security System:
When the customer requests to register his subscription to any services or to purchase the hardware, he/she/ it agrees to the following:
- Provide accurate, updated and complete information as may be stipulated in any registration forms on the hardware registration data services, and maintain the same.
- Maintain his/her/its login information, username and password
- Maintain and update the registration data and any other information he/she/it provides to Foodics, while always keeping them accurate, updated and complete.
- Accept all risks of unauthorized access to the registration data provided to Foodics as the customer is responsible for all activities subject to the customer’s account and any changes occurring to the said account.
5- Customer Responsibilities:
5.1 The customer shall assign at least one staff member adequately familiar with the use of electronic devices and IT fields. This person shall be in charge of co-ordaining with Foodics to handle the implementation of the services and the hardware (referred in this contract as “IT Administrator.”)
The IT Administrator shall have the authority to receive the supplies related to the implementation of the services and the hardware and to sign the handover form for every task or hardware fulfilled or installed (collectively, the Handover Form). The signed handover form shall be considered by Foodics as an official document during the service implementation phase and/or the hardware serving period.
5.2 The warranty related to the wireless installation and setup shall expire following the written or digital signature of the hardware installation delivery form which indicates that the network has successfully been connected and installed with all the terminals and other devices hereinbefore mentioned and that the hardware items are functioning properly. Therefore, any request for technical support will be priced according to Foodics price list where the request for on-site support shall be scheduled 7 days in advance.
5.3 The customer shall be responsible to provide all the necessary requirements for the implementation of the services and installation of the hardware, including but not limited to, civil, electrical, mechanical, and all other required internet connectivity. Foodics will not fulfil any installation or training session until the customer ensures the required means and facilities to carry out these tasks are provided and ready on site.
5.4 The customer shall be in charge of all activities resulting from the services through his/her/its account. The Customer shall also be in charge of maintaining the security of his/her/its account and password. Foodics shall bear no liability regarding any loss or damage that may result from any failure by the customer to keep his/her/it username and password secured.
5.5 The Customer shall bear any liability related to the theft or damage caused to the hardware equipment after they have been successfully collected by the customer or delivered to the customer location.
6- Contract Termination by the customer:
6.1 In case the customer wishes to terminate his/her/its contract with Foodics, or does not wish to renew his subscription, the latter should inform Foodics by sending an email to email@example.com within a notice period of at least 30 days, prior to the renewal date. Once the customer sends a cancellation request, he/she/it will receive a standard email inviting the customer to provide the required business and personal details to fulfil such demand.
In the event of online sales, the cancellation of the subscription shall directly be performed online. An electronic form shall be filled and submitted by the customer, allowing Foodics to capture the reasons and take the required actions.
6.2 In the event of both online and offline sales, if the customer cancels his/her/its account, subscription, or contract, the customer cancellation will come into effect immediately. The Customer shall not be entitled to any refund of any paid amount in advance. However, in case the customer holds an agreement for the payment by installments of any hardware item, he/she/it will be required to pay the remaining installments at once.
6.3 If the customer’s account is canceled the same will result as per the following:
(a) his/her/its account will be deactivated or deleted;
(b) all of customer’s rights granted under these Terms will be immediately terminated;
(c) in the case of a cancellation initiated by Foodics, all of the customer’s data and content shall be saved for a maximum duration of 1 (one) month after which they shall be deleted from Foodics systems. Following this month, Foodics will not guarantee the recovery of the customer’s data and Foodics will not be responsible for any loss or damage resulting from the cancellation of the said account.
In case of a cancellation initiated by the customer, all his/her/its data shall immediately be deleted from the Foodics system, unless any further actions such as but not limited to “churn process” are initiated by Foodics in order to retain the customer for a period not exceeding a month, after which the customer data shall be deleted from Foodics system once and for all.
It is the customer responsibility to make sure that his/her/its content or data are saved and backed-up before the cancellation takes effect.
7- Refund Policy:
7.1 Foodics has a 30 days’ money-back guarantee refund policy. The customer has the right to cancel his/her/its subscription within 30 days from the activation date, after which the customer cannot request any refund.
7.2 The customer should send an official refund request by email to firstname.lastname@example.org providing contact and bank details as well as the reason for the request of the refund.
7.3 Refund requests shall be applied to software licenses only. No refund will be approved for hardware and professional services (which include but not limited to paid training sessions and hardware installations).
Nevertheless, if the customer wishes to cancel the subscription/activation before the delivery of the hardware items, Foodics may consider refunding the full amount including the hardware price, only on an exceptional basis and at Foodics’s sole discretion.
8- Foodics Responsibilities:
8.1 As long as the customer subscription to the services remains valid, Foodics will grant him/her/it access to the existing and available reports and functionalities allowing him/her/it to run his/her/it operations properly, as per the subscription package purchased.
As long as the customer has successfully paid the hardware items or is paying the hardware installments, he/she/it will have the freedom to use the said hardware items abiding by these Terms and Conditions.
8.2 The customer is aware that some reports may be amended or developed by Foodics internally. In all cases, Foodics shall not be responsible nor accountable for any claims related to payments through Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS.)
9- Installation and Training:
9.1 The installation team will schedule and will coordinate with the customer based on the customer priority in the queue and the customer pre-installation site readiness required for the installation.
9.2 Foodics will provide the customer team with online training materials regarding the usage of the services and the hardware items.
9.3 In case the customer requires any other training session (whether held at the customer’s premises or at Foodics office), following the signature of the delivery note form, an additional fee shall be charged according to Foodics’s price list.
10- Right of Foodics to End Services:
10.1 In case of breaching by the customer of the Terms, Foodics may cancel or deactivate the customer account. The customer may suffer forfeiture of any insurance paid at any time according to Foodics sole discretion.
10.2 Foodics may also end the services at any time by a written notice sent to the customer if:
(a) The customer does not perform due payments for the favor of Foodics.
(b) The customer does not provide Foodics with necessary information related to the implementation of the services.
(c) The condition of customer’s premises does not enable Foodics to make the installation to deliver the services, or;
(d) The customer does not allow Foodics to deliver its services for any reason.
10.3 If Foodics ends the contract in the situations set out in above-mentioned 10.1 and 10.2 clauses, Foodics will refund any money the Customer has paid in advance for the services not yet provided by Foodics but Foodics may deduct or charge the customer for the costs incurred by Foodics as a result of breaching these Terms.
10.4 Foodics may notify the customer that it will end the services in a period which may extend to 30 (thirty) days prior to Foodics ending the service supply and will refund any amount the Customer has paid in advance for the services not yet provided.
11 – User Content:
11.1 In these Terms, the content available through the services or the hardware, including all information: content, data logos, marks, interfaces, designs, graphics, pictures, sound files, other files, and their selection and arrangements, shall be referred to as Foodics content.
While the content provided by end-users or partners shall be referred to as user content. For example, all data relevant to a partner’s customer, its payments, menus, operations, or data provided to the favor of Foodics shall be referred to as user content of the said end user. Foodics’s right, in the said user content, shall be limited to the licenses granted in the Terms and as necessary to provide support to end-users or to ensure the security of the Services and technology of the Hardware.
11.2 Customer’s data and User Content are the customer’s responsibility. Foodics expresses no responsibility or liability for the content, or for any loss or damage related to the customer user content subject to the customer or to third parties. Foodics does not claim any ownership interest or rights in the customer user content except as provided under the Terms, however, Foodics shall be entitled the right to use the user content, when necessary, to provide the services and equip the hardware, so the customer shall: (a) grant Foodics, its affiliates, and its subsidiaries, a non-exclusive royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such user content, in the manner of and for the purposes of which the Services from time to time might use such User Content, (b) represent and warrant that : (i) He/She/It owns and controls all rights related to the User Content that he/she/it does post or distributes through the Service or Hardware, and (ii) the usage and posting or another transmission of the said User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity. If the Customer User Content is subject to the usage of other Users, the Customer must grant Foodics, its affiliates, its subsidiaries, and partners a non-exclusive, royalty-free, transferable right to sublicense such User Content to these Users related to all usages in connection with the Services or Hardware in accordance with all applicable privacy laws and regulations.
11.3 Customer grants Foodics a non-exclusive, royalty-free, irrevocable, perpetual permit to use (including commercial purposes) the information and/or data collected by Foodics through his/her/it usage of the Services and Hardware, provided that Foodics may aggregate or anonymize that information or data before using it. Other than this, Foodics claims no intellectual property right in relation to the information or content the Customer puts into the Services.
11.4 If the Customer authorizes third parties to access his/her/its User Content through the Services, the Customer agrees that Foodics is allowed to provide them with User Content, and also agrees that Foodics expresses no responsibility or liability for the usage of such User Content. Any access shall be governed by the applicable end-user or API agreements or Terms applicable to such third parties and may be subject to fees charged by such third parties.
11.5 The Customer may provide Foodics with comments, feedback, or suggestions on the Services or Hardware, where the Customer agrees that Foodics may use, amend and incorporate such suggestions without any obligation to the Customer.
12 – Foodics Intellectual Property Rights:
12.1 Other than the User Content, all contents, and software available on the Services and Hardware, or used to create and operate the Services, all intellectual property rights including patents, rights of inventions, copyrights and related rights, trademarks and Service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, usage rights, confidentiality, information confidential (including the know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and the rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsists or will subsist now or in the future in any part of the world, are the property of Foodics or its licensors. Any original work created for the Customer through Foodics by its owners, subcontractors, or employees is owned by Foodics. The Customer agrees not to challenge or perform any inconsistency with such ownership. Foodics grants the Customer a limited, irrevocable, non-exclusive, non- sublicensable, non-transferable permit to access the Services, view, copy and print the portions of Foodics content available to Customer through the Services for the limited purpose of using the Services as contemplated by these Terms. The Customer may not publish or use branding or logos except with Foodics’s prior written consent.
13 – Restrictions on the Use of Foodics Services:
The Customer shall not : (a) use the Services or the Hardware in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms and conditions, (b) infringe Foodics’s intellectual Property rights or those of any third parties in relation to the Customer Services usage, (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Customer Services usage, (d) use the Services in a way that could damage, disable, overburden, impair, or compromise Foodics system or security or interfere with other users, (e) collect or gather any information or data from the Services or Foodics systems, or attempt to decipher any transmissions to or from the servers running any Services, (f) disclose or distribute information relating to User Content to any third parties, or usage of any other User’s information for any marketing purposes unless the Customer expresses permission to do so, or (g) access or register user logins via bots or other automated methods.
15 – Warranty:
15.1 As of the date of Foodics Hardware delivery, the Warranty of such Hardware shall be as follows:
1 – Hardware manufactured by Foodics such as but not limited to holders and cash drawers, will fall under Foodics warranty, as per Foodics warranty bulletin for such product, for a duration of 1 (one) week from receiving the Hardware items.
2- For non-Foodics HW items such as but not limited to iPads…, produced by third party producers, they will fall under the warranty of the Manufacturer or Authorized Reseller.
15.2 The Warranty of all the Hardware items and software that are not owned by Foodics are covered by the respective manufacturer’s warranty defined by their Terms and conditions.
16 – Warranty Disclaimer:
16.1 Services are provided on “as is” and “as available” basis, and the Customer’s use of the Services is at his/her/its sole risk. The customer acknowledges that Foodics may use third-party suppliers for Hardware, software, connectivity, and all business requirements to let the Customer get the Services. The acts and omissions of the third-party suppliers may be outside of Foodics control and the Customer can’t hold Foodics liable for any loss or damage resulting from any act or omission of any third-party supplier. Foodics excludes any other warranties that may be implied or otherwise apply under statutes or other applicable law, to the maximum extent by law.
16.2 Foodics does not warrant that the Services will meet the Customer’s specific requirements.
17.1 Any notice, consent, agreement or official statement under these Terms shall be in writing and shall be delivered by hand or sent by post or any other address determined by the said Party, for such purposes, or sent by email to the other Party’s email address as set out in the invoice. A notice, consent, agreement or official statement sent by email shall be considered as received at the time of transmission provided that no failure to deliver message has been received from the sender.
17.2 Any dispute or claim arising out, in connection with the Services or Hardware provided under these Terms, between the Parties shall be settled first by arbitration under the Law of the contracting state between the Parties’ representatives within 7 (seven) days from the date the dispute has arisen.
17.3 Any amendments subject to these Terms shall be in writing and signed by or on behalf of the Parties.
17.4 A waiver of any right under these Terms is only effective when submitted in writing and it applies only to the Party to whom the waiver is addressed ; Unless provided otherwise, where rights arising under these Terms are cumulative and do not exclude rights provided by law.
17.5 If any provision of these Terms is deemed invalid, unenforceable or illegal by any court or administrative body of competent jurisdiction, the other provisions shall remain in force.
17.6 No provisions listed in these Terms are intended to or shall operate to create a partnership between the Parties, or to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of the other Party.
17.6 These Terms constitute the entire and only Contract between the Parties in relation to its subject matter as it replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any kind concluded by the Parties whether orally or in writing (and, if written, whether or not in draft form) with respect to such subject matter.
17.8 These Terms and any disputes or claims arising out of or in connection with the said Terms or its subject matter or conclusion (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the contracting country and any disputes arising thereof shall be abided by arbitration under the laws of that country.
IN WITNESS of the above, the parties hereto have duly adopted these Terms and Conditions and duly signed and delivered the signature or use of the Customer to the services shall be deemed to be proof of the assuming of liability by the parties. This shall not prejudice execution of these terms and conditions electronically without any need to have a paper work document, and the same shall be binding on the parties , and the electronic signatures shall be deemed authentic between the parties and the electronic signatures modes shall be admitted as means acceptable in the adoption of these terms between its parties. The Terms and Conditions shall commence after being duly signed by its parties