Terms Of Service

Published: August 30, 2013 | Last modified: March 30, 2017



When you visit the invine.com website (hereafter the Site) for restaurant management and agree to subscribe the Invine Service, you agree to submit to the following terms and conditions.

The Invine Service is provided by Invine, Inc. Invine reserves the right to update and modify the Terms of Service at any time and without prior notice. Any new resource that improves Invine Service, including the release of new tools and resources, shall not require the prior consent of clients; The infringement of any of the conditions established in the General Terms of Service, Use & Payment shall entitle Invine to terminate the user’s account at fault.

Technical support is provided online or by email and according to the defined SLAs for each type of account.

The service is provided online, whereby Invine shall not be held responsible for any connectivity issues and inability of access; Invine Service is provided under different types of plans with different features and pricing each. For updated information about service plans please check www.invine.com.

 

Refund Policy

You can easily cancel your subscription at any time. There are no cancellation fees.

 

Terms of Use of the Account

Invine Service is only available to users who are 21 years old or above.

The account login credentials may only be used by one user – login credentials cannot be shared among multiple individuals. Each account may have different login credentials for as many different users as their plan allows.

Users are fully responsible for keeping their account and personal / individual / private password safe. Invine will not be held liable for any losses or damages resulting from the user’s infringement or failure to comply with this rule.

If the user loses their personal password, they may request a new password, to be sent to the email address registered in their account.

Users are responsible for all of the content inserted in their account and all of the activity that takes place there (even when the content is inserted by other users who have access to the account). Invine shall not be held liable for any changes made on its platform.

Users shall not use the Invine Service for any illegal / unlawful, fraudulent or other unauthorized purpose. During their use of the Service, the user shall not infringe the laws of any jurisdiction (including, but not limited to, copyright laws).

 

Terms of Payment, Refunds, Upgrade and Downgrade

The payment of the Service shall be performed by direct debit according to the means of payment chosen by the client.

If the user registers and requests the Service based on a payment plan and does not proceed to cancel the account within 30 (thirty) days, the invoice for the Service shall be issued on the 30th (thirtieth) day after the date that the account is originally created.

If, during a free evaluation period, the user requests or proceeds to an Upgrade of the Service, the free evaluation period will end immediately and the service will be invoiced according to the subscribed plan.

The Service is paid up front, according to the period under contract and is not refundable, under any circumstances. Reimbursements shall not be provided nor will the account be credited for incomplete months of Service, nor upgrade/downgrade reimbursements, nor refunds for months when the account is active but not used.

The agreed price does not include any tariffs, taxes or duties applied by the tax authorities.

If users perform an upgrade or downgrade on the accounts used, the payment of that service will be charged immediately and automatically, whereby the new plan will become available after it is duly paid.

 

Suspension and Cancellation

Invine automatically processes the monthly payments of the Invine Service. If, for any reason, an anomaly occurs in the payment of the monthly fee, the account will be suspended until such time as the Service is paid.

Users are entirely responsible for the timely cancellation of their account. Cancellation can be made by email or using the contact form on www.invine.com and must be made thirty (30) days in advance of the date it becomes effective.

Following the cancellation of the Invine Service by the user, access is suspended and the contents of the account become unavailable. For a period of thirty (30) days, the user will be allowed to request a copy of account specific information. After that period, Invine reserves the right to erase client contents at its discretion.

The cancellation of the Invine Service does not provide for the full or partial refund of any monthly payments already made.

 

Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

 

Representations and Warranties

You represent and warrant to us that: (a) you are at least twenty one (21) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.

 

No Warranties

THE USE OF “INVINE” IN THE FOLLOWING SECTIONS MEANS INVINE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, INVINE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

INVINE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Invine does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Invine does not have control of, or liability for, goods or services that are paid for using the Services.

 

Responsibility over Published CONTENT

BY SUBSCRIBING TO INVINE YOU EXPLICITLY AGREE THAT IT IS YOUR RESPONSIBILITY TO ASSURE THE QUALITY AND ACCURACY OF THE INFORMATION ENTERED ON THE INVINE PLATFORM AND THEREFORE PRESENTED TO THIRD PARTIES, INCLUDING USERS AND CLIENTS OF YOUR OWN SERVICES AND PRODUCTS.

 

Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INVINE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, INVINE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL INVINE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR INVINE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF INVINE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

Assignment and Binding Effects

You must not assign these Terms or any rights or obligations herein without the prior written consent of Invine and any attempted assignment in contravention of this provision is null and void and of no force or effect. Invine has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

 

Governing Law

These General Terms will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles.

 

Copyright and ownership of content

All the Rights of the Invine Service are reserved to Invine. The user understands and agrees that the Invine Service holds protected and confidential information that is protected by the applicable legislation.

All the content inserted by the client in the Site is automatically considered property of Invine. With the exception of clearly marked private and confidential elements or other elements covered by the Privacy Policy, Invine reserves the right to freely use any other part of the user information, including the available products and prices, and publish such information in any channel, format or means suitable for promoting your business and inform customers about your products.

Users may be held civilly and criminally liable if they duplicate, copy, reproduce, redistribute or reuse any part of the Website, the Invine Service or Content, or visual design elements or concepts without the express written consent of Invine.

Invine, Inc is a registered corporation in Delaware.

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