European Restaurant

TERMS & CONDITIONS

 

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
These Terms of Use (the “Terms”) govern your use of the AmeniBean Delivery (the “Company”) service available through our websites located at AmeniBean.com (the “Website”), and software applications, (each, an “App” and collectively, “Apps”) that facilitate coffee delivery (collectively, the functionality provided by the Website and App referred to as the “Service”). By clicking the “I accept” button, completing the registration process, browsing our Website, downloading and installing the App or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If not, do not download the Apps or use the Website or Service.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES.
About AmeniBean
1. Generally The Service enables you to automatically schedule, manage and have coffee delivered to your home. You agree that any information you provide is true, accurate, current and complete, and, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so will constitute a breach of these Terms. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any member at our discretion.
2. Third Party Applications In order to complete certain Tasks, the Service may need to access certain third party software applications on your mobile device (“Third Party Apps”) and the account(s) associated with such Third Party Apps. You expressly consent to and authorize the Company to access and use those Third Party Apps designated by you, including the relevant accounts associated therewith, on your behalf to the extent necessary to provide the Service to you and complete the Tasks. You acknowledge and agree that the use of Third Party Apps is governed by the relevant terms and conditions associated therewith (“Third Party Terms”), and that you are by bound by such Third Party Terms. You further acknowledge and agree that the Company has no control over and cannot be responsible for any Third Party App or its products or services. Accordingly, the Company disclaims any and all warranties, and liabilities with respect to Third Party Apps, and their products and services.
Registration
1. Member Accounts To use certain features of the Service, you must register and create an account (“Account”). To be eligible to create an Account, you must be at least 18 years old. When you set up your account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials and Account, please review our Privacy Statement. In registering for the Services, you agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (“Registration Data”); (2) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) that you have a legitimate interest in the property you are providing AmeniBean access to (your residence), and you have all the necessary permissions from other persons or entities who also have an interest in your residence. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password which we reasonably determine may have been used by an unauthorized third party. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from any of the Services.
2.Third Party Accounts Depending on the version of the App you are using, you may also link your Account with certain third party social networking services, including Facebook, and other Third Party Apps (each a “Third Party Account”) by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE AND OTHER SOFTWARE APPLICATION PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE AND SOFTWARE APPLICATION PROVIDERS.
Licenses And Restrictions
1. License Subject to the terms and conditions herein, Company grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
2. Certain Restrictions The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, Apps, back-end databases or Services (collectively, the “Company Properties”) or any portion of the Company Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties; and (i) you shall not use the Company Properties for any illegal or unlawful purpose. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
3. Updates All updates and upgrades to the App will be governed by the version of these Terms published by Company as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.
4. Ownership Rights and License As between you and Company, the Company Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Company Content”) is, and shall remain the sole property of Company and is subject to protection under U.S. and foreign copyright or trade mark laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Company.
Administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: September 18, 2019