Terms of Service
Thank you for choosing to use our services.
These Terms of Service (“Terms”, “Terms of Service”, “Agreement”) govern the Restaurant (the “Restaurant”, “you”, “your”) relationship with Sirvy internet sites, applications and online services (the “Services”, “Service”) operated by Intelligent Digital Conversation, Co. Ltd (collectively, “Sirvy,” “us,” “we,” or “our”). Sirvy and the Restaurant are individually referred to hereinafter as a “Party” and collectively as the “Parties”.
Please read these Terms of Service carefully before using our Service.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
These Terms of Service are subject to change by Sirvy at any time and at our discretion without notice. Your use of this website and the services after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms each time you use this website.
Privacy and Communications
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
The Site is not available to minors. If you are a minor, please do not use the Site.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sirvy cancels it. You may cancel your Subscription renewal either through your online account management page if available or by contacting Sirvy customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Sirvy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Sirvy to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Sirvy will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Sirvy until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Sirvy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Sirvy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Sirvy will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Chargeback / Refund Policy
Sirvy will not, except when required by law, issue cash refunds for early contract cancellation.
If you have a question about charges made to your account, please contact us. If the charges were made in error, we will credit your account or credit card account for the appropriate amount.
Any customer who disputes a credit card payment that is found to be valid will be banned from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Accounts and content
In order to access and use the Services, you must register various accounts (the “Accounts“) by providing your valid email addresses for each of the Accounts. It remains your sole responsibility to ensure (i) that such email addresses remain valid and operative, and (ii) that you login to such Accounts constantly and during the hours of your Restaurant’s Business Operations for the entire term of this Agreement. you (i) shall be responsible for keeping its password secure; and (ii) shall bear any liability in the event do not check/access the Accounts for any reason and as a result, does not fulfil any of the requests made by your Customers. We cannot and will not be liable for any loss or damage from your failure to abide by its obligations as set out in this clause.
You shall be responsible for any worms or viruses or any code of a destructive nature that are transmitted by you. You must comply with all applicable laws, rules and regulations in its use of the Services (including but not limited to copyright laws), and the laws and regulations of the Customers’ jurisdictions which are applicable to you.
We enable you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service for marketing or promotional purposes. You represent and warrant that: (i) the Content is owned by you or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service.
We do not claim any intellectual property rights over the material you provide under this Agreement. All material which you upload remains yours. However, we shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated to your business and/or Restaurant to promote the Services. You accept the disclosure and promotion by us.
We shall, in the performance of the Services under this Agreement, provide an online ordering platform (“Ordering Platform”), used by the your customers (the each a “Customer” and collectively the “Customers“) to order and/or to buy products and/or services (e.g. food ordering), connected to your accounts which is accessed via a mobile app or a website and the restaurant control panel (“Restaurant Dashboard”). Hence, we shall not be in any manner deemed as a party in respect of the relationships between the you and the Customers, including without limitation, any orders, bookings, commitments, obligations or otherwise whatsoever made by the Customers through the Services. Therefore, we shall not be under any circumstance responsible or liable towards the you or the Customers for any act or thing made by the Customers or you using the Services under this Agreement. Additionally, you shall be the party responsible to manage and fulfill any obligations or commitments towards the Customers.
Confirmation of Request
Any request made by any of the Customers using the Services with any monetary consideration (including without limitation, the payment of any amount by the Customer to the Restaurant), must be verified you, and confirmed directly between you and the respective Customer through any method you deem appropriate.
We retain the ownership of the Services, including of the application/website of taking orders and on the interfaces/widgets/applications/dashboards/website for placing the orders and reserves all the rights that are not expressly granted to you.
At our sole discretion and without your approval, may update, at any time, including by introducing new functions and/or features and/or modification and/or improvement of some existent functions and/or features, that can be implemented automatically by us to the Services. In case you do not agree with such update you have the right to terminate the present Agreement with immediate effect starting with the next month, this being the only remedy applicable in such case.
By using the Services, you consent to us the use of your information in accordance with this Agreement. We shall use our best efforts to ensure data privacy and security including through various hardware and software methodologies. However, we cannot guarantee the security of any information that is disclosed online and shall not be responsible upon such disclosure.
During the term of this Agreement or any time after its expiry or termination for any reason, you shall not, whether directly or indirectly, through yourself or any of your affiliates, subsidiaries or others, attempt to reverse engineer any information or data provided by us in connection with the Services, including without limitation, the Restaurant Dashboard and its content, the Ordering Platform, or any other report generated whatsoever.
Exclusion of Liability
You irrevocably and unconditionally understands and agrees that we shall not be liable towards you or the Customers in any manner whatsoever, including without limitation, any liability for damages, 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 resulting from the use of (or inability to use) the Services. As such, you irrevocably and conditionally waive, release and discharge any rights or claims it may have against us whatsoever.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. You acknowledge and agree that the only warranties on the Services shall be the sole warranties explicitly mentioned in this Agreement, if any.
All notices by and between both of us in relation to this Agreement shall be in writing and shall be deemed properly delivered when emailed using your registered email address.
You must protect us, indemnify us, defend us and hold us harmless and our respective officers, agents, employees, representatives (hereinafter the “Indemnified Parties”) from and against (and you must pay and bear the full amount of) any and all rights, claims and costs, inside or outside the Territory, in connection with, or which we or the Indemnified Parties may suffer or incur, in connection with:
- Loss or damage to real or personal property or death or injury to persons as a result of or in connection with the Services under this Agreement; and
- Any failure of you to perform its obligations under this Agreement, including without limitation, your obligations towards the Customers who are using the Services.
This Agreement is not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, employment relationship or formal business organization of any kind, other than separate contractors arrangement. As such, the Parties hereto shall remain independent contractors against each others at all times. Neither Party shall have the authority or powers to bind the other Party in any manner without its prior written consent.
If any part, term or provision of the Agreement shall be held void, illegal, unenforceable, or in conflict with any law or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
This Agreement shall be subject to and interpreted in accordance with the laws of Jordan.All disputes arising out of and/or in connection with this Agreement shall be settled by the Amman Central Courts (the Palace of Justice) which shall have the sole jurisdiction to hear and decide on such disputes.
Each Party shall bear all costs incurred by it arising out of and/or in connection with the performance of its obligations under this Agreement.
Last Updated: September 1, 2020