Last Updated : 15th August,2022
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://www.canteenpos.app/ ('Website'), including the related mobile site and mobile application of its products (hereinafter referred to as 'Platform').
This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of CanteenPOS Mobile Application or website, software applications, any other products and services (collectively, the “Services”). The terms, “we” and “our” as used in this Agreement refer to CanteenPOS . By using the Services, you (the “User”) agree to and accept the terms of this Agreement, if you do not agree to or accept the terms of this Agreement, you should immediately cease using the Services.
Ensource Digital World LLP,a company incorporated under the Companies Act, 1956 with its registered office at B-27 Gautam Buddha Nagar Sector 33 Noida, Gautam Buddha Nagar, Uttar Pradesh ,201301 (“we,” “us,” “our,” “CanteenPOS” etc.) owns and operates canteenpos.app web site and related mobile applications (collectively, our “Site”), on which we provide a Services through mobile application or software that enable restaurant owners (“you,” “your" ,"restaurants", "cafe", "schools" etc.) to manage customer orders of their customers (collectively Users shall include “parent,” guardian,” “customers,”, “children”). The Service is further described herein as well as on other pages of the Site.
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, products (as applicable) or services (as applicable) (collectively, 'Services'). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. These Terms govern your use of the Service whether or not you are a registered user.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WITHOUT ANY NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
GENERAL PROVISIONS
These Terms shall be interpreted in accordance with the laws of the India without reference to conflict of law principles. With respect to specific transactions between or among certain users, the laws of other jurisdictions may apply. These Terms contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required making it valid and enforceable and the other provisions hereof shall be unaffected thereby.
LICENSE
We hereby grant you a personal, non-exclusive, revocable license to download and install our Service on your device, subject to the Terms of this Agreement. You may not:
For more information regarding the proper use of our Service, see the section below entitled “General
User Conduct.”
MOBILE APPLICATIONS
We offer three versions of the application – CanteenPOS for Restaurant Owners, FreshGrub for Customers & ChildGuard for Parents under the platform.
INFORMATION LOGGING
CanteenPOS or any other app provided by us does not collect any information or log data from the mobile device from which it is being used except for the user’s personal information including the name, email address, phone number & location data which the user has consented being logged. CanteenPOS or other apps does not collect information like call history, contacts, browser history, and installed apps using any version of the app. If you think we have unwittingly collected information like call history, contacts, browser history, and installed apps from CanteenPOS users, please notify immediately on support@childtrack.app
USER IDENTITY
You may not create or use an account on the Service for anyone other than yourself and your family. You may not let others use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current. We will only disclose your identity to third parties in accordance with our Privacy Policy. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, special characters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the Settings in the Site. By providing us with your email address & mobile number you consent to our using the email address or mobile number to send you Service-related notices, or other information like new features, promotions etc. including any notices required by law, in lieu of communication by postal mail. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from us by sending email at support@childtrack.app. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
LEGAL
We do not communicate with or sell products or services to children. Children under the age of 15 may not submit personal information to ChildGuard or any associated apps without the consent of their parents. As mentioned, we do not share your or your child’s personal information with any third party. You hereby warrant that:
For more information regarding the proper use of our Service, see the section below entitled “General User
Conduct.”
GENERAL USER CONDUCT
You are solely responsible for all media and content you upload to the Site, including without limitation ensuring the veracity thereof and obtaining the legal permission to so disclose such content. Your uploading of all such content must be in compliance with applicable law and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of the Service. We may refuse Service to you for any lawful reason or for no reason.
You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for Internet and business etiquette. For example and without limitation, while using the Service you shall not:
Furthermore, you may not use the Site or Service to develop, generate, transmit or store information
that:
PRIVACY
We respect your privacy during your use of our Service. Use of the Service is governed by our Privacy Policy.
MOBILE SOFTWARE
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. For details please read our Privacy Policy.
COOKIES AND OTHER TRACKING TECHNOLOGIES
"Cookies" are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient.
MINORS
Our Service is intended for persons having the legal capacity to be bound by these Terms, or acting with the express or implied consent of their parent or legal guardian. By using our Service, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register as a parent profile or account and use the Service under any circumstances. In addition, you may not use the Service to track the whereabouts or activities of any child younger than 15 years of age without first giving your written consent. You agree and warrant that you will not use ChildGuard to monitor your children of 18 years and above.
REGISTRATION
In order to use the Service, you must register an account. In order to register, you must be at least 18 years of age. During registration, you will be asked to provide certain personal information, including your email address & mobile number. In addition, you might be asked to provide certain personal information about your child for ChildGuard App, including his or her name, date of birth and gender, etc. You must provide full and accurate information. You may only supply personal information of children in your legal custody. By registering an account you consent to our use and storage of your personal information and automatically collected information, as governed by our Privacy Policy.
In accordance with the Child Online Protection Act, by registering an account for a child in ChildGuard under the age of 15, you agree, consent, and authorize our collection, use, and disclosure of the child’s personal information in accordance with these Terms and the Privacy Policy.
By registering an account with ChildGuard, you warrant that: you are the parent or legal guardian of the child that is the subject of your account for; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor. By registering an account with ChildGuard, you agree that you will not use our Service to collect information and track location data of your child over 18 years.
CANTEENPOS TRIAL
We offer a trial account for 30 days for every new user which will be converted to paid account & trial account will cover complete features, full functionality and premium customer support. By signing up for CanteenPOS and by providing CanteenPOS and other associated apps with your payment account information, you hereby agree to these payment terms and conditions. If any fee is not paid in a timely manner, we reserve the right to revoke access to your CanteenPOS and other apps account and use of the Services. At the end of Free Trial, the account will be locked or cancelled & WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS caused to you due to cancellation of the account. If you have questions or problems, you can contact us at support@childtrack.app
PROMOTIONS AND DISCOUNT COUPONS
CanteenPOS offers various promotions from time to time and these promotions can be availed by entering the relevant coupon code at the time of check out. THERE SHALL BE NO FREE TRIAL WHEN THE CANTEENPOS SUBSCRIPTION IS PURCHASED USING THESE PROMOTIONS AND DISCOUNT COUPONS.
USER CONTENT
By submitting any content to our Site, you represent and warrant to us that such content is true and correct in all respects, that you have the right to so submit such content, and that our use of your content as described on the Site will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. You will indemnify us for any breach of this warranty. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby do and will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights in and to your content, in any media now known or not currently known, in any manner incident to our operation of the Service as it pertains to your content. However, you acknowledge that any questions, comments, ideas, suggestions, or other feedback you provide us are not confidential and shall become our sole property. We do not claim ownership of any materials you make available through the Site. At our sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section. While the User Content you create remains yours by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree that we shall not be liable for any damages you allege to incur as a result of User Content.
USER DISPUTES
You are solely responsible for your interactions with other users of our Site or with the children you are monitoring. We reserve the right, but have no obligation, to monitor interactions between you and other users. You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and CanteenPOS will attempt in good faith to negotiate a written resolution of the matter directly between the parties. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. The Personal Information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to Personal Information to CanteenPOS employees who need to know this information in order to develop, operate and maintain the CanteenPOS Service. All CanteenPOS personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the CanteenPOS Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
PASSWORD
You will select a password when completing the registration process. You are solely responsible for maintaining the confidentiality of your password, and are solely responsible for all activities that occur under your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the security of your password. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your password is being used by someone other than you, or for any other reason.
TERMINATION
You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. Your account will continue to be in effect and you will continue to be billed in the manner previously specified, if you have selected a paid subscription service, with each renewal period until and unless you cancel your account. To voluntarily terminate your access to the Service at any time, you may delete your account on your account page, or by emailing us at support@childtrack.app Please allow 30 days for termination to take effect. Your account with us, and this Agreement, shall automatically renew on a periodic basis unless earlier terminated in accordance herewith. If you choose to terminate your account with us, you will not receive a refund for the most recently charged fees.
DISCONTINUATION OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service. We have the right to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY
CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
CUSTOMER SERVICE
We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.
ADVERTISEMENTS
By registering for and using the Service, you accept that CanteenPOS reserves the right to send you advertisements and offers for other CanteenPOS products and services via in-app messaging, text message and the email address you provide. To opt-out of all further contact initiated by us email at any time at support@childtrack.app
LINKS TO OTHER SITES
The Site may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
PROPRIETARY RIGHTS
You agree that all content and materials available on our Site are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
REPRESENTATIONS
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; and (b) your use of our Service will not violate any of these Terms. You further represent and warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the business owner or parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor.
WARRANTIES
YOU AGREE THAT: A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS NOT A SUBSTITUTE FOR OVERSIGHT AND SUPERVISION BY THE MINOR’S PARENTS OR LEGAL GUARDIANS AND SHOULD NOT BE CONSTRUED AS A PREVENTATIVE MEASURE IN ANY MANNER. B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE. D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFFESSIONALS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE, THE SITE, OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF. C. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS. D. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. E. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you have any questions about these Terms, please contact us at support@canteenpos.app or call us on the contact numbers given on the website.