These terms of use are entered into by and between you (“You”, “your” or “user”) and Dolead Incorporated, a Delaware corporation, its parent company and affiliates ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of touchbistro-pos.com, including any content, functionality and services offered on or through touchbistro-pos.com (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here
and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.We reserve the right to amend these policies at any time, with or without notice. These rights extend to use, license, or removal of content provided by our authors, users, and third parties as outlined below. This arbitration agreement includes claims related to our clients, vendors, and marketing partners, which are third party beneficiaries of this arbitration agreement.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Dolead or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data."
"ToU": General Terms and Conditions of Use. “Website”: touchbistro-pos.com. “The Company”: Dolead Inc, creator and owner of the Website. “A Client”: any natural or legal person seeking to contact a Professional for the purchase of a good or the provision of services. “A Professional”: any natural or legal person, either public or private, who acts for purposes relating to its commercial, industrial, artisanal, liberal or agricultural activity, and which uses the Company for the purpose of creating or using a Website, created by the Company, for generating connections with Customers.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted on this page.
The Website may contain online forms and other interactive features (collectively, "Interactive Services") that allow users to specifically and intentionally provide, submit, or transmit (hereinafter, "provide") information including but not limited to details of products and/or services in which the user is interested (collectively, "User Contributions") on or through the Website.
Any User Contribution you provide through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates the right to use, provide and otherwise disclose to certain third parties that contract with us to use our services (“Business Partners”) any such material.
If the Website contains links to other sites provided by third parties or Business Partners, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party or Business Partner websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If the Website contains content and materials from Business Partners, these are provided for your convenience only. We do not inspect , check or conduct any due diligence on Business Partners we may refer you to, and we do not represent, warrant or guarantee the suitability or quality of any Business Partners for any general or specific purposes. If you decide to contract with any Business Partner, you do so entirely at your own risk and we will not be responsible or liable for the acts, omissions, products or services of any Business Partners. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any Business Partners.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, if any, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ITS AFFILIATES, OR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, OR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
If you have any questions, complaints or disputes regarding the Website and these Terms of Use, please contact us using the information provided below. We will investigate and attempt to resolve any complaints and disputes in a reasonable time and in a manner that complies with the principles described in these Terms of Use.
You agree to try to resolve the dispute informally first by contacting us in accordance with these Terms of Use. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within ninety (90) days of submission, either you or Company may begin formal legal action, subject to the terms of these Terms of Use.
The validity, performance, construction, regulation and interpretation of these Terms of Use shall be governed under the laws of Delaware using English language. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or regarding any legal relations arising out of or in connection therewith, and/or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the arbitration rules and procedures of Judicial Arbitration and Mediate Services. Inc. (“JAMS”) then in effect. The place of arbitration shall be Santa Clara County, California where the award shall be rendered. The arbitration proceedings shall be conducted in the English language.
Notwithstanding the foregoing, both you and the Company shall have the right to institute an action in a court of competent jurisdiction for injunction or other equitable relief. Except for the fees of the legal advisors, which shall be borne by each respective party, all other expenses and costs of arbitration shall be borne by either or both parties as the arbitration tribunal may award.
If you have any questions or complaints about these Terms of Use or of our Website, please email us at sales.nam@dolead.com or write to us at Dolead Incorporated, 50 Milk Street, 16th floor, Boston, Massachusetts 02109, United States.
Last updated on: 07 September 2023