Terms & Conditions

Terms &Conditions for access and use of http://www.foodypos.com

1st July 2023

Before using this website owned and operated by Convalida Technologies LLC, ("us," "we," or "our"), a limited liability corporation having its registered office address at 866 GA Hwy 96 Suite 102, Warner Robins, GA 31088, please carefully read these terms and conditions ("Terms").

Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the service, you are entering into a binding agreement with Convalida Technologies LLC.

By accepting these terms, you also understand and consent to http://foodypos.com/privacy-policy.html, which is incorporated into, and part of, this agreement. Our Privacy Policy describes how we collect, use and share information.

The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old (or the legal age of majority if different in your jurisdiction). You must be at least 18 years old to use the online services. If you are not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that we close any online services account that you have created. You can request account deletion by sending an email to support@convalidatech.com; please include the email address of the account that you want deleted.

Any new features or tools which are added to the current website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Updates to these terms
  1. We may also update these terms at any time and at our sole discretion. If we make material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that we close any online services account that you have created. To close your account, you can email us at support@convalidatech.com.

 

  1. About the online Services
  1. Convalida Technologies is a Technology, Outsourcing and Product Company. Incepted in 2012, we have been delivering IT solutions in North America & Multi Geo Locations.
  2. Through the website, we offer a retail business tool to accelerate the growth of retail as well as hospitality industry including restaurants, hotels etc. Ours is a Point of Sale (POS) system for upcoming and established food chains, hotels and restaurants which aims at providing best and secure sales service (“Software/ Online Services”).

 

  1. User Registration and Information
  1. In order to access and use the software, you must complete the registration process by providing accurate and up-to-date information. You agree to provide your full name, email address, phone number, business name, business location, and business contact details, or any other information reasonably requested by us during the sign-up process. You acknowledge that the provided information will be used for the purpose of account creation, communication, and service delivery.
  2. We reserve the right to request additional information from you during future software upgrades or updates. Such information may be necessary to enhance the functionality, improve user experience, or comply with legal and regulatory requirements. You agree to promptly provide any requested additional information accurately and in a timely manner.
  3. You acknowledge that we will handle your personal information in accordance with our privacy policy, which can be found http://foodypos.com/privacy-policy.html.
  4. Failure to provide accurate and complete information, or the provision of false or misleading information, may result in the denial of access to the software or termination of your account at your sole discretion.

 

  1. Pricing and Cost
  1. The pricing and cost of the software will depend on the specific features, modules, or packages chosen by you. You acknowledge that the pricing structure may vary and is subject to change at our sole discretion. Detailed pricing information can be provided upon request.
  2. You agree to pay the applicable fees as per the selected features, modules, or packages. The fees may be charged on a one-time, recurring, or subscription basis, depending on the payment terms agreed upon during the log-in process or as specified in a separate agreement between us.
  3. All fees and charges are exclusive of any applicable taxes, duties, or levies, unless expressly stated otherwise. You are responsible for paying any such taxes or fees imposed by the relevant authorities.
  4. We reserve the right to modify the pricing and cost of the software, including the addition or removal of features, modules, or packages, at any time. Changes to the pricing will be communicated to you through reasonable means, such as email or notifications within the software. You will have the option to accept the new pricing or terminate your use of the software as per the applicable cancellation policy.
  5. In the event of any dispute regarding the fees or charges, you agree to notify us promptly and in writing, providing all relevant details and supporting documentation. We will review the dispute in good faith and make reasonable efforts to resolve it in a fair manner.
  6. Any unpaid fees or charges may result in the suspension or termination of your access to the software, at our sole discretion, without prejudice to any other rights or remedies available to us.
  7. All payments made by you are non-refundable, except as expressly stated in the refund policy provided by us.

 

  1. Our Technological Assistance and User Responsibility
  1. Our software may offer technological assistance to you for creating a website for your business. This assistance includes tools, templates, and functionalities that enable you to build and customize your business website. You acknowledge and agree that this assistance is strictly limited to the technological aspects of website creation and does not extend to the content or operations related to the food and beverages supplied by you.
  2. You retain full responsibility for the food and beverages supplied pursuant to the orders created through the website. This includes compliance with all applicable laws, regulations, and industry standards governing food safety, quality, labelling, and any other relevant aspects.
  3. You acknowledge that we do not provide any oversight or control over the food and beverages supplied by you, and we assume no liability or responsibility in connection with your products or services.
  4. You agree to use the software and any associated features in accordance with all applicable laws, regulations, and guidelines. This includes, but is not limited to, complying with laws governing food safety, data protection, consumer rights, intellectual property, and any other relevant legislation.
  5. You acknowledge that they are solely responsible for obtaining any necessary permits, licenses, or certifications required for operating your business and providing your products or services.
  6. You agree to indemnify, defend, and hold us and our officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, or expenses arising out of or in connection with the your use of the software, website creation, and the supply of food and beverages pursuant to orders created through the website. This indemnification extends to any claims brought by third parties, including but not limited to customers, regulatory authorities, or other entities.
  7. By using the software and accepting these Terms, you acknowledge your understanding and acceptance of the limited scope of assistance provided by the software for website creation and your ongoing responsibility for the food and beverages supplied pursuant to orders.

 

  1. Customer Care Services and User Responsibility:
  1. You acknowledge and understand that we do not provide customer care services either through the website or any other means. While our software facilitates the process of placing orders and making payments, all customer interactions beyond these aspects are your sole responsibility.
  2. You agree to directly handle all customer interactions, including but not limited to inquiries, support requests, refunds, cancellations, or any other customer service-related matters arising from the use of the software or the services provided by you.
  3. You acknowledge that we do not assume any liability or responsibility for any customer interactions or issues arising from your products or services, including but not limited to customer inquiries, complaints, dissatisfaction, refunds, cancellations, or any disputes.
  4. You agree to promptly and appropriately respond to all customer inquiries or support requests received through the website or any other communication channels established by you. You are solely responsible for ensuring timely and satisfactory customer service.
  5. You agree to indemnify, defend, and hold us and our officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, or expenses arising out of or in connection with any customer interactions, including but not limited to disputes, refund requests, cancellations, or any other customer service-related matters.
  6. You acknowledge that we provide no warranties or representations regarding your customer service operations or your ability to handle customer interactions. You assume all risks associated with customer interactions and agree to comply with all applicable laws, regulations, and guidelines governing customer service.
  7. By using the software and accepting these Terms, you acknowledge your understanding and acceptance of your responsibility for all customer interactions, excluding order placement and payment, and release us from any liability related to customer care services.

 

  1. Intellectual Property and Non-Infringement
  1. The website created for your business using our software may require you to provide certain graphics, logos, and other intellectual property for inclusion on the website. You acknowledge and agree that it is your responsibility to provide such intellectual property and ensure that it does not infringe upon the rights of any third party, including copyright, trademark, or other proprietary rights.
  2. You warrant and represent that you have the necessary rights, licenses, permissions, and consents to use and provide the intellectual property for usage on the website.
  3. In the event that we receive any copyright notice or any other claim alleging infringement of intellectual property rights related to your provided content on your business website, we shall promptly notify you. We agree to take immediate action to address such claim and resolve the infringement issue. We shall have no responsibility or liability in connection with any such infringement claim.
  4. You agree to indemnify, defend, and hold us and our company, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, or expenses arising out of or in connection with any infringement of intellectual property rights related to the user's provided content on the website. This indemnification obligation shall include, but is not limited to, costs incurred for legal defence, settlements, judgments, or any other expenses arising from such infringement claim.
  5. We make no warranties or representations regarding the intellectual property provided by you for usage on the business website, and we disclaim any liability or responsibility for any infringement or violation of third-party intellectual property rights arising from your provided content.
  6. By using our software and accepting these Terms, you acknowledge your understanding and acceptance of your responsibility to provide non-infringing intellectual property for usage on the business website and agree to indemnify us in the event of any infringement claim.

 

  1. Acceptable and unacceptable use of the Website and content
  1. We grant you a non-exclusive, non-transferable, revocable license to access and use the Website in order for you to view the content and contact us for use of Software offered through the Website, strictly in accordance with our Terms.
  2. You may view pages from our Website in a web browser, or download pages from our Website for caching in a web browser. 
  3. However, except as expressly permitted by the other provisions of this Terms, or unless you own or control the relevant rights to the Content on the Website, you must not:
  • 1. Edit or otherwise modify any Content on our Website; 
  • 2. Exploit Content from our Website for a commercial purpose; 
  • 3. Republish our Website or its Content (including republication on another Website) in violation of this Terms;
  • 4. Sell, rent or sub-license Content from our Website
  • 5. Show any Content from our Website in public;
  • 6. Redistribute Content from our Website, save to the extent expressly permitted by this notice;
  • 7. Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
  • 8. Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • 9. Use our Website or its services in any way for advocating or encouraging violence against any government, organization, group, individual or property, or providing instruction, information, or assistance in causing or carrying out such violence, regardless of whether such activity is unlawful; 
  • 10. Use our Website or its services in any way for accessing, sending, receiving, displaying, performing, disclosing, storing, or executing any content a) in violation of any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property right, b) in violation of any applicable agreement, or c) without authorization;
  • 11. Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • 12. Use our Website or Content provided on or through the Website, for any purpose that is unlawful or prohibited by these Terms provided on or through the Website;
  • 13. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
  1. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  2. Any violation of this section shall result in criminal and civil actions taken against you immediately without notice.  

 

  1. Security, Passwords and means of accessing the Website and content
  1. You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair our computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the our computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or our computer systems or networks. 
  2. If any of the services offered through the Website require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website. You agree to notify us immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms.

 

  1. How to contact us
  1. If you have any questions or comments regarding services, please see the Contact Us section -http://www.convalidatech.com/Index.aspx#contact on the website or you can always write to us at support@convalidatech.com.

 

  1. Our Privacy Policy
  1. These terms incorporate our Privacy Policy as part of the Terms. Our Privacy Policy describes our information practices, including how we collect, use and share information.

 

  1. Limitations on liability and disclaimers
  1. WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OUR LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY OUR OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.  We reserve all legal rights to recover damages or other compensation under these terms or as allowed by law.
  2. We provides the online services “AS-IS” and without any warranties.
  3. The online services may include inaccuracies or errors. WE PROVIDE THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
  4. Third party services

http://foodypos.com/ may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. We do not endorse and are not associated with any of these third party services. WE DO NOT HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

  1. Events beyond our control

WE DO NOT HAVE ANY RESPONSIBILITY for OUR FAILURE TO PERFORM any of OUR obligations under these terms caused by or related to any event beyond our reasonable control. If such an event occurs, then our obligations under these terms will be suspended for the duration of the event; and we may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

 

  1. How we settle disputes
  1. You agree that any claim or dispute (whether in contract, tort, or otherwise) you may have with us arising from or related to the online services or these terms will be endeavoured to be resolved mutually through mediation. In the event that the claim or dispute remains unresolved despite mediation efforts within 1 month from the date on which the issue was first brought to our notice through written communication on 866 GA Hwy 96 Suite 102, Warner Robins,GA 31088 and/ or support@convalidatech.com, the same would be resolved exclusively and finally through arbitration conducted before a sole arbitrator mutually appointed by both parties using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”). The arbitration shall be held at Georgia, USA in the English language. The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services. The arbitrator shall apply law applicable in the state of Georgia, USA.
  2. No claims shall be arbitrated on a class or representative basis as you hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide your individual claims. It is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between us under this provision. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Finally, this arbitration provision is reciprocally binding on all parties, such that both of us are required to arbitrate their claims against one another.  For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at https://www.jamsadr.com/rules-comprehensive-arbitration/.

 

  1. Miscellaneous
  1. We make no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
  2. These terms will be governed and interpreted pursuant to the laws of Georgia, notwithstanding any principles of conflicts of law.
  3. On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all our rights, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 21 (“How we settle disputes”).
  4. Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
  5. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

We may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

Contact Us

If you have questions about our Privacy Policy, please contact us.