Sapaad Terms and Conditions of Use
THANK YOU FOR CHOOSING SAPAAD.
BY CLICKING THE “I ACCEPT” BUTTON, OR BY SIGNING UP OR OTHERWISE USING THE SAPAAD’S WEBSITE, CONTENT AND SOFTWARE APPLICATION (TOGETHER, THE “PRODUCT”) OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE TO YOU BY SAPAAD (SERVICES) OR BY PURCHASING SAPAAD’S PRODUCT AND SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, CLIENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE FOLLOWING TERMS AND CONDITIONS AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY, IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE THAT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, CLIENT OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE FOLLOWING TERMS AND CONDITIONS AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THIS AGREEMENT TO ALL THE FOLLOWING TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE SAPAAD’S PRODUCT AND SERVICES.
SAPAAD TERMS OF AGREEMENT
This Service Agreement (“Agreement”) is between Sapaad Pte Ltd (“Sapaad”) and the individual or entity that has executed this Agreement (“You”). This Agreement sets forth the terms and conditions that govern orders placed by you or subscription purchased by you for Services under this Agreement. Sapaad reserves the right to update and modify the Terms of Service from time to time without notice. Any new features shall be subject to the Terms of Service. If you continue to use the Service after any such change, this shall constitute your agreement to such changes. You can review the most current version of the Terms of Service at any time at: /sapaad-terms-of-service/.
Violation of any of the terms below will result in the termination of your Account.
- AGREEMENT DEFINITIONS
- “Auto Renewal or Auto Renew” refers to the process by which Services Period of certain Sapaad’s Services or Product is automatically extended for an additional Services Period unless such Services are otherwise terminated in accordance with the terms of the order or this Agreement.
- “Product” means: Sapaad Subscription, Online Ordering, Loyalty, Inventory, Sapaad.Online, Sapaad.Connect, Kitchen Display System (KDS) and Home Delivery CRM
- “Services” means: Customer Support, Trainings, Front and Back end Deployments and Short Message Services (SMSs)
- “You” and “Your” refers to the individual or entity or organization that has executed this Agreement.
- “Your Content” means all texts, files, images, illustrations, information, data (including personal data), audio, video, photographs, and other content and material, in any format, provided by You or Your employees.
- “Check volume” refers to the amount of bills issues by You per month.
- “Average order value” refers to the average total of every order placed with You over a defined period of time. It is an average value of the sales per order, and not sales per customer.
- TERM OF AGREEMENT
- This Agreement is valid for the order in which this Agreement accompanies. This Agreement may also be referenced for any purchase that increases the quantity of the previous Services ordered (e.g. additional users), for upgrading any Product or Services purchased by you, for any Services option offered by Sapaad for the Product or Services ordered, and for any renewal or Auto renewal of the subscription period for Sapaad’s Product and Services.
- You must have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, organization name, a valid email address, and other billing information requested in order to complete the signup process. You may not impersonate someone else (e.g., adopt the identity of any other person, friend), create or use an account for anyone other than Yourself, provide an email address other than your own. By creating an account or by signing up, You agree to receive certain communications in connection with Sapaad’s Products, and Services.
- You may create a single account for multiple branches of the same organizations operating in the same country under the same subscription plan. A single account shared by branches of the same organization operating in different countries or partners of the same organization is not permitted.
- You are responsible for maintaining the security of your account and password. Sapaad will not be liable for any loss or damage that may result from your failure to maintain the security of your account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).
- You may not use the Product and/or Services for any illegal or unauthorized purpose. You must not, in the use of Product or Service, violate any laws in your jurisdiction, including but not limited to copyright and information privacy laws.
- For the duration of the subscription period and subject to your payment obligations, and except as otherwise set forth in this Agreement or Your order, You have the non-exclusive, non-assignable, royalty free limited rights to access and use Sapaad’s Product and Services that you ordered and subscribed for, solely for your internal business operations and subject to the terms of this Agreement and Your order.
- You may allow your employees to use the Services for your internal business operations and You are responsible for Your employees’ compliance with this Agreement.
- You do not acquire under this Agreement any right or license to use the Product and Services, in excess to the scope and/or duration of the subscription. Upon the end of Your subscription period, Your right to access and use the Services will terminate.
- The subscription to Sapaad’s Product and Services may contain or require the use of any Third Party services. You are responsible for complying with their terms and conditions, whenever and wherever applicable.
- Sapaad reserves the right to refuse service or suspend the account to anyone for any reason at any time.
- MODIFICATIONS TO SERVICES AND PRICES
- Sapaad will make reasonable efforts to keep the Sapaad’s Product and Services operational. However, certain technical difficulties or maintenance may from time to time, result in temporary interruptions.
- Sapaad reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice.
- Sapaad reserves the right to change the prices of any monthly or yearly plans without any notification. Any change in the price of Sapaad’s Product and Services will be provided on the Sapaad Site (Sapaad.com).
- Sapaad shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Sapaad may offer special promotions or offers (“Specials”) from time to time in connection with the Service. A Special may apply to or involve more than one service, and it may be notified in a general advertisement or specifically provided to you. A Special may be subject to certain conditions, including where Sapaad may (i) offer to vary the price; (ii) offer to vary the terms of supply (including the Committed Term); or (iii) require you to acquire all relevant services for a minimum period and to pay a fee if you cancel supply prior to the expiry of that minimum period.
- PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid credit/debit card is required for activating paying accounts. Free trial accounts are not required to provide a credit/debit card number.
- You authorize us to charge each payment to your preferred payment method. We reserve the right to charge Your credit/debit card based on your subscription plan.
- The Service is billed in advance on a monthly or annual basis (as per your plan) and is non-refundable. There will be no refunds or credits for partial days or months of service, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- For upgrading any plan, the Customer will be refunded the credit for partial days or unused months of current service and the price for the upgraded service will be charged on pro-rated basis for the remaining time until the next billing date.
- There is no refund if you downgrade your plan during the tenure of your subscription plan.
- There is no refund if you switch during the active subscription period from yearly plan to monthly plan.
- COPYRIGHT AND CONTENT OWNERSHIP
- The Service’s appearance, behaviour and design, is copyright © 2012-2019 Sapaad Pte Ltd. All rights reserved. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Sapaad or its suppliers own.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- CANCELLATION AND TERMINATION
- The Agreement will continue to apply to You until terminated by either party.
- Sapaad, at its own discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sapaad service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- If You or Sapaad terminate the Agreement, or if Sapaad suspends your access to its Product and Services, You agree that Sapaad shall have no liability or responsibility to You and Sapaad will not refund any amount that You have already paid, to the fullest extent permitted under applicable law.
- You can cancel your account at any time by contacting firstname.lastname@example.org and requesting a cancellation.
- You must make the cancellation request at least 72 hours before your term’s next renewal date. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel the subscription after the end of the current subscription period, Sapaad will not refund any subscription fee already paid to it.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- THIRD PARTY APPLICATIONS
- You understand that Sapaad uses third party applications, websites, vendors and hosting partners (“Third Party Services”) to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that these Third Party Services may have their own terms and conditions of use and privacy policies and use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies.
- You understand and agree that Sapaad does not endorse and is not responsible or liable for the behaviour, features and content of any Third Party Services or any transaction You may enter into with the provider of such Third Party Services.
- NOTIFICATION REQUIREMENTS
- You should immediately notify Sapaad if you believe:
- there is a change of ownership or control of Your business. In the event of such change, we reserve the right to not transfer your subscription to the new owner of your business.
- there is change in the payment method.
- there has been an unauthorized transaction or unauthorized access to your account.
- your password has been compromised.
- you need information about a transaction listed on the statement of transaction confirmation.
- for change of ownership, kindly get in touch with support team (email@example.com) to notify us of the new owner and the payment method for using Sapaad’s Product and Services. We may require additional information from you to verify the change of ownership or control of your business.
- in the event, You fail to notify us of the change of ownership or payment method within fifteen (15) days of such change, we reserve the right to charge your existing credit card/debit card on file for the subscription of Sapaad’s Product and Services.
- MISCELLANEOUS CONDITIONS
- Your use of the Product and Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- Technical support is only available to account holders who pay for such services and is available via email/ phone and remote trouble-shooting.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Sapaad, or any other Sapaad service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sapaad.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- If You demonstrate abusive behaviour, including but not limited to verbal abuse, sexual harassment, any written or oral threat towards Sapaad’s employee, members or officers, this will result in immediate cancellation/deletion of the account and termination of the Agreement.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You agree not to, and will not assist, encourage, or enable others to use the Site to (i) violate any third party’s right, including any breach of confidence, copyright, trademark, patent, right of publicity, trade secret, moral right, and privacy right (ii) send bulk emails, surveys, or other mass messaging, whether commercial or non-commercial; engage in keyword spamming (iii) violate any applicable law.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds the average bandwidth usage (as determined solely by Sapaad) of other Sapaad customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
- If your database usage of Sapaad significantly exceeds the average database usage (as determined solely by Sapaad) of other Sapaad customers, we reserve the right to upgrade your account to a higher plan corresponding to your usage after giving you a fourteen (14) days notice about the same.
- Sapaad does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Sapaad shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sapaad has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Sapaad to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sapaad and govern your use of the Service, superseding any prior agreements between you and Sapaad (including, but not limited to, any prior versions of the Terms of Service).
- Legal Compliance: You will comply with all applicable laws and regulations related to your receipt and use of the Services. It is your sole responsibility to ensure you have the right to use all features of the Services in your jurisdiction. The Services may not be available in all countries and it may not be available for use in any particular location. We may modify or discontinue Services features to comply with applicable laws and regulations. Sapaad will comply with all applicable laws in the provision of the Services to you.
- Export Compliance: The Services and Software are subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing the use of Services and Software and will obtain all required local and extraterritorial authorizations, permits or licenses. You and your Users will not use the Services from a UN embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria). The export obligations under this Section shall survive the expiration or termination of this Agreement.
- Currency and Exchange Rates: The prices of all our Products and Services are in US dollars. Purchases and payments made on our website are transacted in US dollars. If you make a purchase using a Non-US dollars currency credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, charges to your card or the estimated charge amount may differ based on the exchange rate at the time you make your payment versus the rate at the time the charge is reflected on your credit or debit card statement. Please contact your payment processing company for additional information and verification of charges.
- You will indemnify, hold harmless and defend Sapaad against Chargebacks in the following events:
- Change of ownership and control of your business
- Your failure to notify Sapaad of new payment method in event of change of ownership.
- You shall make all use of the Sapaad’s Product and Services as is consistent with the Fair Use Provisions under international law.
- Use Restriction: You may access and use the Sapaad’s Product and Services as made available to you, as long as you comply with this Agreement and the law. You agree that all restrictions in Clause 10 and Annexure A are reasonable and valid, and all defences to the strict enforcement thereof by Sapaad are hereby waived by You.
- RESTRICTED ACTIVITIES
- You should not have any existing ownership or shares in business competing with the activities of Sapaad.
- You are not entitled to engage in any business competing with the activities of Sapaad.
- You should not claim for Chargebacks from Banks or Third Party Service Providers in the event you fail to notify Sapaad of change of the ownership of your business and updated payment method.
- Receive or attempt to receive reimbursement from Sapaad or your Bank for the same transaction during the course of a dispute.
- Allow your Account to have a negative or pending balance.
- FAIR USE POLICY
You agree to the following terms that shall be additive to those found elsewhere in the Agreement:
- AUTHORISED USE: Your account allows You to use Sapaad’s Product and Services in accordance with the Sapaad’s Terms of Services, provided that however that the Authorized use shall be limited to the fair use policy and shall be further restricted as described herein.
- RESTRICTIONS: Your use of Sapaad’s Product and Services are subject to certain restrictions. Such restrictions may include, but are not limited to (i) the average number of user may not exceed 14 users per location; (ii) the average number of Customers may not exceed 75,000 customers per location. By way of example, if Your Business operates in 10 different domestic locations, then You may only allow an average of 14 users in those 10 locations to access Sapaad Account. You may have less than 14 users in some locations and more than 14 users in other location, but the average number should not exceed more than 14. You agree that the monthly average order value per locations shall not exceed USD 70 and the average check volume per location shall not exceed 300 per day. When Your Account exceeds the applicable limit, You need to upgrade the account.
- WAIVER: A waiver of any of the terms and/or conditions of this Agreement shall be valid only where it is agreed expressly in writing and signed by the parties. No failure or delay by a Party to exercise any right or remedy under this Contract or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy.
- GOVERNING LAW
The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Agreement. The foregoing requirement will not preclude either Party from seeking injunctive relief as it deems necessary to protect its own interests. This Agreement will be construed and enforced in accordance with the laws of Singapore.
- CONTACT US
If you have any questions concerning the Sapaad’s Terms of Service or Agreement, please contact firstname.lastname@example.org.Thank you for reading our Terms. We hope you enjoy Sapaad!
Sapaad Pte Ltd
#19-01 Tong Eng. Building
101 Cecil Street
Singapore – 069533