BY SUBSCRIBING TO NANOVISE TOUCH-LESS MENU,
YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE,
OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS
“CUSTOMER;” AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SUBSCRIPTION
AGREEMENT.
This Subscription Agreement
(this “Agreement”) is a legal and binding instrument entered into as of the
date of acceptance by Customer (the “Effective Date”), by and
between Nanovise Technologies, LLP, for the use of its web
service Touchless Menu (“Nanovise“), and “Customer” the individual or
entity entering into this Agreement. Nanovise Technologies,
LLP reserves the right to amend this Agreement from time to time without
notice to Customer. The most current version of this Agreement can be reviewed
by clicking on the “terms ” hypertext link located at the bottom of merchant signup web
pages.
Description of Services
Customer agrees that the
objective of Nanovise Touch-less Menu for
Restaurants is to allow easy management and maintenance of restaurant menus
for display on Customer’s own website(s) and to provide the widest distribution
possible of Customer’s menus.
By subscribing
to Nanovise Touch-less Menu, Customer may access the functions for
the selected subscription level. This will include options to add menus files,
which will be displayed in the menu page, customize
the menu page for display.
Nanovise reserves the right
to display any and all menus uploaded to any or all
of Nanovise‘s distribution partners, in the format designed by
Customer or in any other format, as a menu page or
individually.
Registration
To subscribe
to Nanovise Touch-less Menu, Customer must complete the registration
process, including Customer’s acceptance of this Agreement,
and Nanovise must then accept such
registration. Nanovise may reject a registration by a potential
Customer in its sole discretion and is not obligated to provide a reason for
its rejection. In the event Nanovise rejects a potential Customer’s
registration such potential Customer may submit a new registration for
re-evaluation by Nanovise.
Registration Data
As part of the registration
process, Nanovise will collect certain limited information about
Customer (“Registration Data”). All Registration Data provided by or on behalf
of Customer must be current, complete and accurate, and Customer is solely
responsible for updating such Registration Data as
necessary. Nanovise reserves the right to terminate this Agreement
immediately in the event any Registration Data is found to be inaccurate,
incomplete or not current at any time.
Account Password/Security
As part of the registration
process, Customer will choose a password and a username. Customer is entirely
responsible for maintaining the confidentiality of its password and account,
and Customer is solely responsible for any and all activities that
occur under its account. In case an account is set up by Nanovise for
a Customer, the Customer is responsible for personalizing their password as
soon as possible. Customer agrees to notify Nanovise immediately of
any unauthorized use of its account or any other breach of
security. Nanovise shall not be liable for any loss that Customer may
incur as a result of a third party using its password or account, either with
or without its knowledge. Customer may be held liable for losses incurred
by Nanovise or another party due to a third party using
Customer’s account or password.
Payment Information
As part of the registration
process, Nanovise may collect certain additional information related
to billing and payment matters (“Payment Information”). Such Payment
Information may include a valid method of payment with available credit
sufficient to pay the applicable Subscription Fees, an election of a preferred
billing frequency, and other information as required by Nanovise. All
Payment Information provided by or on behalf of Customer must be current,
complete and accurate. Nanovise reserves the right to terminate this
Agreement immediately in the event any Payment Information is found to be inaccurate,
incomplete or not current at any time. Nanovise shall not be
responsible for any overdraft charge or other fees that may be incurred
by Nanovise‘s use of Customer’s method of payment.
Trial and Promotional Offers
From time to
time, Nanovise may offer certain trial and/or promotional
offers. Nanovise reserves the right to discontinue or modify coupons,
credits, and trials and promotional offers at its discretion and without
notice. Any such trial or promotional offers may not be combined with other
coupons, credits, trials, promotions or any other discounts, and are limited to
one (1) per Customer.
Privacy
Nanovise‘s use of any
information provided by Customer, including without limitation, Registration
Data and Payment Information, is set forth in Nanovise‘s current
Privacy Policy for each of the applicable Service(s), which can be found by
clicking on the “privacy” hypertext link located at the bottom of the
respective Web page for each Service.
Nanovise reserves the right
to display the names and logos of the restaurants
using Nanovise Touch-less Menu on
the Nanovise Touch-less Menu web site or in promotional
material.
Customer Rights and Restrictions
During the Term of this
Agreement, and upon Customer’s payment of all applicable Subscription
Fees, Nanovise will enable Customer to access and utilize the
Services as contemplated herein, and Customer may access and use the Services
subscribed to hereunder pursuant to and in accordance with the provisions of
this Agreement.
Customer shall be solely
responsible for all content transferred by Customer or any other party in
connection with Customer’s access and/or use of the Services, including all
visual, written content. Customer hereby agrees not to access and/or use the
Services (i) to send distribute commercial email in violation of applicable
law; (ii) to communicate any message or material that is deemed harassing,
threatening, indecent, obscene, libellous, slanderous, or otherwise
unlawful; (iii) in a manner which violates the intellectual property rights of
any party; or (iv) in a manner which constitutes or encourages conduct that
could be a criminal or civil offense under any applicable law or regulation.
Although Nanovise is not responsible for any such content or communications, Nanovise reserves
the right to take any action it deems necessary or appropriate in its sole
discretion, with respect to any such content or communications of
which Nanovise may become aware, at any time and without notice to
Customer.
Customer may not reverse
engineer, decompile or otherwise attempt to decipher any code in connection
with the Services or any other aspect
of Nanovise‘s technology.
Customer may not resell,
distribute, or otherwise use any of the Services.
Customer shall not access and/or
use any of the Services in any manner that could damage, disable, overburden,
impair or otherwise interfere with or disrupt the Nanovise Touch-less
Menu website, services or any networks or security systems
of Nanovise.
No other rights are granted hereunder
except as expressly set forth in this Agreement.
