Terms and Conditions
By retaining Mintek Software incorporation, you agree to the following terms and conditions:
The parties acknowledge and agree that the Restaurant Agreement is comprised of the attached cover page; these terms and conditions; and any appendices attached hereto; and that the Restaurant Agreement constitutes the entire agreement between the Restaurant and Mintek (Mintek Software Inc.). In the case of any conflict between the attached cover page or appendices and these terms and conditions, these terms and conditions shall prevail.
Mintek hereby grants the Restaurant and each Franchisee, if any, a licence on a limited, non-exclusive and non- transferable basis, to use the Mintek online ordering tablet, including the software contained therein and any related equipment, in its premises for the sole purpose of receiving Orders.
The Restaurant acknowledges and agrees that ownership of the Tablet and the Website (including any software and code contained therein) remains with Mintek and does not pass to the Restaurant. The Restaurant shall use, store, and maintain the Equipments using reasonable care, including without limitation establishing and maintaining the Product in such a way as to allow it to receive a Wifi signal, and shall return the Mintek in good working condition upon termination of this Restaurant Agreement.
The Restaurant grants Mintek a licence to use the Restaurant's name, menu, logo and other material or information provided by the Restaurant for the purposes of publishing and displaying such information on the Website during the Term. The Restaurant represents and warrants to Mintek that the Restaurant’s name, menu, logo and other material or information provided by the Restaurant to Mintek do not violate, infringe or otherwise breach any patent, copyright, trade-mark, trade secret or other proprietary rights of any third party (including without limitation any licensor or franchisor)
The Restaurant agrees to receive, process and deliver in a timely manner orders as placed by Customers via the Website, fax, phone, email or Mintek (each an “Order”) using skill, care, diligence and quality consistent with best industry practices and all applicable laws. Food prepared, processed and delivered by the Restaurant pursuant to an Order must correspond to what is stated in the Order as received by the Restaurant without error. The Restaurant shall review all Customer comments included in the Order and shall ensure that all Food is prepared in accordance with such comments including, but not limited to, ensuring that any Food prepared from Orders takes into account any Customer allergies that are disclosed.
The Restaurant must inform Mintek of its hours of operation (the “Opening Hours”), and of any changes to such Opening Hours or in case of closures for emergencies or planned closures, the duration of which has been communicated to Mintek.
The Restaurant shall be solely responsible for self-assessing, claiming and remitting all its applicable taxes.
Customer shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, prices, photos, data, links, advertising, trade or service mark, trade name, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Mintek reserves the right to refuse to display information it believes to be illegal, false, derogatory, offensive, infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person. Customer represents that any elements of text, graphics, photos, designs, trademarks, artwork, and all proprietary or intellectual property rights therein included on the Website are owned by Customer, or that Customer has express written authorization from the rightful owner to use and display the content, and will hold harmless, protect and defend Mintek from any claim or suit occurring from the use of such content.
The Restaurant owner acknowledges that the photographs are property and copyright of Mintek and not accompanied by a license to use anywhere by restaurant owner unless written consent and authorization use is issued by Mintek. Restaurant owner accepts all responsibility for violation of privacy or publicity or defamation and infringement of copyright or trademarks associated with the use of the photographs
Customer agrees to pay by pre-authorized debit from bank account provided, and Mintek will automatically charge the monthly fees on the 1st of each month, and including any extra services and applicable taxes, at the rates in effect when the fees are incurred. Mintek will start billing the monthly fee right after launching each store's Website. If the monthly billing starts after the 1st of the month, Mintek will charge Customer's first billing cycle on a pro-rata basis.
Mintek Software Inc. will automatically collect a "Service Fees" on each order placed via the website developed by Mintek Software Inc.
Customer must promptly notify Mintek of changes to the bank account, account holder name, account number. Mintek reserves the right to suspend or terminate Customer's Website without notice upon rejection of any charges or if Customer's bank seeks return of payments previously made to Mintek/Mintek Software Inc., when Mintek believes Customer are liable for the charge(s). If Customer is liable for the charge(s), a $30 Rejection fee will apply. Customer provides prior 3 days written notice to [email protected] that Customer changed Customer's designated bank account or any other circumstances. The renewal charge will be equal to the original subscription price, unless Mintek notifies Customer otherwise in advance.
Customer may cancel use of Service by contacting Mintek and submitting a cancellation request. However, the activation and setup fee is non-refundable. Upon receipt of Customer's cancellation, Mintek will promptly terminate Customer's access to the Website. Customer is still responsible for any charges already incurred up until cancellation, and there is 50% of remaining balance prorate charge for partial months. If Customer issues a Chargeback for any fees by Mintek, then Mintek has the right to collect any fees, fines, and penalties brought upon by the Chargeback from Customer as well as the original fees. Mintek also reserves the right to terminate Customer's subscription and/or discontinue Services at any time for any reason. Mintek shall have no responsibility to notify any third party of any suspension, restriction or cancellation of Customer's Website. Mintek shall have no obligation to maintain any orders, reports, data, or other content in Customer's Website or forward any data to Customer or any third party.
Mintek shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Website to Customers who are deemed by Mintek to be using the Website in a manner not reasonably intended by Mintek or in violation of law, including but not limited to suspending or terminating a Customer's license to use the Website.
Not-withstanding the foregoing, under no circumstance shall Mintek, its officers, directors, employees, contractors, sub-contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to Customer or any third party for damages in excess of the amounts actually paid by Customer to Mintek. The price of the service shall be the rate in effect on the day Customer signed up for the service.
Customer agrees to defend, indemnify and hold harmless Mintek, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys' fees, due to or arising from your use of the Website and any other conduct related in any way to the Website, including but not limited to breaching any provision contained in these Terms and Conditions.
If Customer breach these Terms and Conditions of Use, Customer's right to Use the Website shall automatically terminate if Customer fails to cure the breach after seven (7) calendar days after notice from Mintek or any of the Mintek Affiliates, unless Customer's breach is due to violations in the sections of Lawful Use, No Transfers or Modifications by Customer, Indemnification, Trademarks, Canadian Government Restrictions, in which case termination will be without notice and without any right to cure.
Mintek, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (a) our email notification to you advising you of such changes or modifications (b) your continued use of the Services after Mintek posts the amended Agreement to Mintek.ca/terms.
Customer must notify Mintek about any billing problems or discrepancies within thirty (30) days after they first appear on the statement Customer receives from its bank or credit card. Mintek or Mintek Software Inc. Send such notification to us to [email protected]. If Customer does not bring such problems or discrepancies to our attention within that thirty (30) day period, Customer agrees that it waives the right to dispute such problems or discrepancies.
No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, escort services or other content deemed adult related.
Mintek may also charge fees for various data import and export services, and will notify Customer of those charges at the time that Mintek offers the data import and export services.
Mintek Software Inc. will collect customer e-mail and phone number via the third party online checkout application (Stripe) and will provide the restaurant with the collected information.
These Terms and Conditions (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Mintek and Customer regarding the Website, and supersedes all prior agreements between Customer and Mintek regarding the subject matters hereof.
The parties consent to use an electronic signature service for the purposes of electronically executing this Restaurant Agreement.