Last updated: July 20, 2015
Acceptance of Terms
Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself on the Cafe X registration form when you create an account (“Registration Data”) and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Cafe X will have the right to suspend or terminate your use of the Service and/or terminate your account. You will be required to select a password upon completing the account creation form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify Cafe X of any unauthorized use of your password or account or any other breach of security and (b) ensure that you properly exit or log out from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by Cafe X. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Grant of Limited License
If you post any content to the Service, you hereby grant Cafe X and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Cafe X the licence set forth in this section without infringing or violating the rights of any third party.
Intellectual Property Rights
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Cafe X may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, Cafe X does not ensure that any such content will be edited or removed. Cafe X may terminate the accounts of users who infringe the intellectual property rights of others. Therefore, if you believe that any such third party materials infringe your intellectual property rights, please contact firstname.lastname@example.org. The content of the Sites is protected by copyright, trademarks, database and other intellectual property rights. Cafe X owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those specified above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cafe X is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Cafe X. “Cafe X” is a proprietary service mark of Cafe X Technologies Limited. Cafe X service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Cafe X, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cafe X. Nothing contained in the Sites should be construed as granting any licence or right of use of any trademark or other intellectual property right belonging to Cafe X or a third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE SITES ARE FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR THE SITES. WITHOUT LIMITING THE FOREGOING, CAFE X DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.
Exclusion of Damages
Limitation on Liability
Applicability of Disclaimers, Exclusions and Limits
Third Party Websites
THE THIRD PARTY WEBSITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CAFE X AND CAFE X IS NOT RESPONSIBLE FOR THE CONTENTS OF SUCH THIRD PARTY WEBSITES. ACCORDINGLY, CAFE X MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEBSITES. YOUR USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO THIRD PARTY WEBSITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND DOES NOT INDICATE, EXPRESSLY OR IMPLIEDLY, ANY ENDORSEMENT BY CAFE X FOR THE THIRD PARTY WEBSITES OR THE PRODUCTS OR SERVICES PROVIDED AT SUCH WEBSITES.
In its sole and absolute discretion, with or without notice to you, Cafe X may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing Cafe X at email@example.com. Cafe X shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.
Collection of Information
When you visit the Sites, Cafe X will record your IP address and obtain broad demographic information, but it will not collect any personal identifiable information. Cafe X may also collect certain information about you when you visit the Sites because your internet provider address needs to be recognised by Cafe X’s server.
Cookies used (if any) in any part of the Sites will not be deployed for collecting personally identifiable information. For your information, Cookies are small computer files that can be stored in your computer’s hard drive for the purposes of obtaining configuration information and analysing your viewing habits. Cookies can save you from registering again when re-visiting a website and are commonly used to track your preferences in relation to the subject matter of the website. You may refuse to accept Cookies (by modifying the relevant internet options or browsing preferences of your computer system), but if you do so you may not be able to utilise or activate certain available functions in the Sites.
Personally Identifiable Information
To enquire about Cafe X and its products and services, Cafe X will need to collect your personally identifiable information including, but not limited to, your full name, telephone number and email address. Cafe X will retain your personal data only for so long as is necessary for fulfilling the specific purposes for which they were collected or for purposes directly related to those specific purposes. After that time, your data will be erased. Refusal to provide the above information or the provision of incomplete or incorrect information may deny your access to certain services/functions of the Sites, or may render Cafe X unable to handle any enquiry you are making, or may otherwise hinder the objectives of your visit to the Sites. If you allow Cafe X to access your location data on your device, Cafe X may use your location data to serve you better including giving you the nearest Cafe X location and prioritizing your order placed with Cafe X.
Use of the Information
You agree that your personal information provided to Cafe X may be used and retained by Cafe X for the following purposes and for other purposes as shall be agreed between you and Cafe X or required by applicable laws, rules or regulations from time to time: (a) [to process your order or enquiry; (b) to contact you in relation to your enquiry; (c) to verify your identity; (d) to better understand the demographics of users of the Sites to enable Cafe X to provide better services tailored to your needs; (e) to market Cafe X’s products and services; (f) to send you details of services or information which Cafe X believes may be of interest to you, including but not limited to Cafe X’s locations, products, promotions and events; and (g) to fulfil any other purposes directly relating to any of the above purposes.] As you will have noted above, Cafe X would like to use your personal data to send you marketing materials but it must obtain your consent (or an indication of no objection) before it can do so. If you do not want to receive such marketing materials, please send an email stating this to firstname.lastname@example.org.
Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent. However, your data will be used by (and disclosed to) third parties for the purposes for which they were collected. Your personal data may also be disclosed where Cafe X is required to do so by law.
Access to Personal Information
You are entitled, in accordance with the Ordinance’s requirements, to check whether Cafe X holds data about you and to have access to such data. If any such data is incorrect or inaccurate, you have the right to correct or update it. Requests for access to or to correct personal data should be emailed to email@example.com. In accordance with the Ordinance, Cafe X is entitled to charge a reasonable fee for processing any data access or correction requests.
If you are under the age of 18 or the legal age stated in your country, please do not attempt to send any personally identifiable information to Cafe X without the consent of your parent or guardian.
Questions / Suggestions
If you have any questions or suggestions, please contact Cafe X at firstname.lastname@example.org.