Restaurant Agreement

Agreement between restaurant and carte24.com 


This Billing Services Contract (this "Contract") is made effective as of today, by and between (“You” or “Restaurant”) and Carte24, of 40 Front Street, Springfield, Massachusetts 01151. In this Contract, the party who is contracting to receive the services shall be referred to as "Restaurant", and the party who will be providing the services shall be referred to as "Carte24". 

In this Contract, the party who is contracting to receive the services shall be referred to as "Restaurant” and the party who will be providing the services shall be referred to as "Carte24". Carte24 has a background in providing billing services and is willing to provide services to Restaurant based on this background. Restaurant desires to have services provided by the Carte24. Therefore, the parties agree as follows: 

Restaurant desires to have services provided by Carte24. 

DESCRIPTION OF SERVICES: Will begin 30 days after submitting, Carte24 will provide the following billing services (collectively, the "Services"): Online Order Platform 

SERVICE PROVIDER'S FEE: In consideration of the services to be performed by Carte24, Restaurant agrees to compensate Carte24 for the services rendered as follows: 

EMPLOYEES: Carte24's employees, if any, who perform services for Restaurant under this Contract shall also be bound by the provisions of this Contract. At the request of Restaurant, Carte24 shall provide adequate evidence that such persons are Carte24's employees. 

ENTIRE CONTRACT: This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written. 

AMENDMENT: This Contract may be modified or amended if the amendment is made in writing and is signed by both parties. 

SEVERABILITY: If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 

APPLICABLE LAW: This Contract shall be governed by the laws of the State of Massachusetts. 

REFUND POLICY: Due to the fact that Carte24.com offers non-tangible, intellectual property we do not issue refunds. As a customer you are responsible for understanding this upon purchasing any product at our site. Thank you for your understanding. 


Welcome to carte24.com. The carte24.com website (the "Site") is comprised of various web pages operated by Carte24.com carte24.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of carte24.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.  

carte24.com is a E-commerce Site 


Privacy 

Your use of carte24.com is subject to Carte24.com Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs restaurants of our data collection practices.  

Electronic Communications 

Visiting carte24.com or sending emails to Carte24.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.  

Your account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Carte24.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Carte24.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Carte24.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use carte24.com only with permission of a parent or guardian.  

Links to third party sites/Third party services 

carte24.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Carte24.com and Carte24.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Carte24.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Carte24.com of the site or any association with its operators.  

Certain services made available via carte24.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the carte24.com domain, you hereby acknowledge and consent that Carte24.com may share such information and data with any third party with whom Carte24.com has a contractual relationship to provide the requested product, service or functionality on behalf of carte24.com restaurants and customers.  

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use carte24.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Carte24.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Carte24.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Carte24.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Carte24.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Carte24.com or our licensors except as expressly authorized by these Terms.  

International Restaurants 

The Service is controlled, operated and administered by Carte24.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Carte24.com Content accessed through carte24.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless Carte24.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any restaurant postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Carte24.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Carte24.com in asserting any available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

Liability disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARTE24.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

CARTE24.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARTE24.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARTE24.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARTE24.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/access restriction 

Carte24.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carte24.com as a result of this agreement or use of the Site. Carte24.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Carte24.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Carte24.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the restaurant and Carte24.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the restaurant and Carte24.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.  


Changes to Terms 

Carte24.com reserves the right, in its sole discretion, to change the Terms under which carte24.com is offered. The most current version of the Terms will supersede all previous versions. Carte24.com encourages you to periodically review the Terms to stay informed of our updates. 


Contact Us 

Carte24.com welcomes your questions or comments regarding the Terms:  

Carte24.com

40 Front Street

Indian Orchard, Ma 01151

Email Address:  contact@carte24.com

Telephone number:  617-329-1665

Effective as of January 1st, 2017