For Feed My Tum Merchants

Introduction

TISH Limited trading as Feed My Tum (“Feed My Tum”) (and formerly Coffeetime) applications enable businesses to activate a virtual store which is then linked to the Feed My Tum app. Each Feed My Tum membership includes a content management system (CMS) that enables businesses to enter information about their store, menu, prices, and upload images. By using any of the software, applications or Web sites (collectively, “Services”) offered by Feed My Tum, you (as the account owner) agree to be bound by the following terms and conditions (“Terms of Service” or Agreement). Feed My Tum reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such change(s) shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at: http://www.feedmytum.com/terms-of-service/

Violation of any of the terms and conditions below will result in the termination of your account. While Feed My Tum prohibits certain conduct while using the Services, you understand and agree that Feed My Tum cannot be responsible for content posted by you or other users of the Services (User Content). You agree to use the Services at your own risk.

API Terms

You may have the option (through special agreement only) of accessing your Feed My Tum account via an Application Program Interface (API). Any use of the API, including use of the API through a third-party product that accesses Feed My Tum Applications, is bound by the terms of this Agreement.

Account Terms

Feed My Tum is not responsible for and does not endorse or accept any responsibility for the contents of or your use of the Feed My Tum app. Feed My Tum makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by you, the Feed My Tum app or others not affiliated with Feed My Tum.

Your use of information obtained through the Services may be subject to restrictions imposed by one or more third-party copyright owners, including service providers to Feed My Tum, and you agree that you shall comply with any such restrictions.

For content that is covered by intellectual property rights (e.g. photos, videos, digital images and any other type of data) (collectively “IP Content”), you grant Feed My Tum a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the use of the Services (“IP License”). This IP License ends when you delete your IP Content or your account, unless your IP Content has been shared with others, and they have not deleted it. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you acknowledge that deleted content may persist in backup copies for a reasonable period of time.

You must be 18 years or older to use the Services.

Accounts registered by “bots” or other automated methods (including use of scripts or web crawlers) are not permitted.

In order to use the Services you will be required to provide your legal full name, a valid email address, credit card for purposes of payment, and any other information requested as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Feed My Tum will always be accurate, correct and up to date.

Your login information shall not be used by another person (i.e. – a single login shared by multiple people is not permitted). You may create separate logins for as many people as necessary.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. Therefore, you agree that you will be solely responsible to Feed My Tum or its affiliates for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Feed My Tum immediately by email: team@feedmytum.com If you are using a free account, you are not permitted to block advertisements that may be displayed while you are using the Services.

One person or legal entity may not maintain more than one free account.

You may not use the Services for any illegal or unauthorized purpose. You must not, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from New Zealand, Australia, United States or other relevant countries, etc.).

You expressly understand and agree that Feed My Tum 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 Feed My Tum has been advised of the possibility of such damages), resulting from your use of the Services or your use of third-party products or services accessible via the Services.

Abuse or excessively frequent requests to access or use the Services, via the API or otherwise, may result in the temporary or permanent suspension of your access to the Services. Feed My Tum, in its sole discretion, will determine whether there has been abuse or excessive usage of the Services. Feed My Tum will make a reasonable attempt via email to warn you prior to suspending your account.

Feed My Tum reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services (or any part thereof) with or without notice.

When you visit www.feedmytum.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on the www.feedmytum.com site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with this Agreement and any other relevant Feed My Tum policies, such as the Feed My Tum Privacy Policy (incorporated by reference), Feed My Tum grants you a non-exclusive, non-transferable, revocable, non-sublicensable license right to access and use a compatible Web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for the purpose of building a virtual store using the Services. You agree not to use the Services for any other purpose.

You acknowledge that in providing the Services, Feed My Tum uses documents, software and other works of authorship, and other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets (collectively the Feed My Tum Technology) and that the Feed My Tum Technology is covered by intellectual property rights owned or licensed by Feed My Tum. Other than as expressly set forth in this Agreement, no license or other rights in the Feed My Tum Technology are granted to you, and all rights not expressly granted to you are expressly reserved. You agree not to modify, create derivative works of, translate, reverse engineer, decompile, disassemble the Services or otherwise recreate or gain access to the source code of the Services.

You further agree not to;

(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party; or

(ii) access the Services in order to

(a) build a competitive product or service,

(b) build a product using similar ideas, features, functions or graphics or

(c) copy any ideas, features, functions or graphics of the Services.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for set up of all accounts regardless of whether the account is free for purposes of verifying User identify.

If you sign up for a free trial of a Feed My Tum account, and you do not cancel that account before the expiration of the free trial period, you will be billed monthly starting on the day after your trial period expires. If you cancel properly prior to the processing of your first billing, you will not be charged.

Charges for access to the Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of use of the Services, upgrade/downgrade refunds, or refunds for months unused with on an active account.

All charges for access are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in addition to your monthly access account fees, excluding only United States (federal or state) taxes when applicable. You agree that we may add such charges to your credit card for payment as part of your monthly account fees.

For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Your plan and access fees will be adjusted automatically based upon thresholds as set forth in the plan pricing.

Downgrading your Services may cause you to lose access to certain content or features of your account or the Services. Feed My Tum does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email, other than to the email address, team@feedmytum.com, or phone request to cancel your account shall not be considered cancellation of your account or termination of the terms of this Agreement. You can cancel your account at any time by submitting a cancellation request by sending an email to team@feedmytum.com with the instructions to cancel your account, including your name and the user name on the account.

All of your User Content and account information will ultimately be deleted from our system after cancellation of the account. This information cannot be recovered once your account is cancelled.

If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately, however, the Feed My Tum applications will remain functional through the end of your current monthly billing period.

Feed My Tum, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Feed My Tum Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your account with no refund or access to your Account, and the forfeiture and relinquishment of all User Content in your account. Feed My Tum reserves the right to refuse to provide any of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Feed My Tum Web site www.feedmytum.com or such other method as chosen by Feed My Tum and/or via a software application we offer.

Feed My Tum shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services. By utilizing the Services of this Agreement you accept the terms herein and agree to waive your right to file a claim for losses, damages, etc. against Feed My Tum and its affiliates for any such changes.

Copyright and Content Ownership

All User Content posted on the Services must comply with NZ, AUS, U.S. copyright law. You are responsible for adhering to our copyright infringement notification process located at the bottom of this page. We claim no intellectual property rights over the material or content you submit, post or display, on or through the Services. Your account information and the materials or content you upload while using the Services remain yours. By using our Services to publish a virtual store to the Feed My Tum app, and agreeing to these Terms of Service, you grant Feed My Tum the non-exclusive right and license to use captured images and other data from your page or profile for promotional or marketing purposes. By granting this right you agree that Feed My Tum and its affiliates have a license to use this material or content for the sole purpose set forth in this Section. In addition, by setting your store to be shared publicly, you agree to allow others to view and share your User Content.

Feed My Tum does not pre-screen User Content, but Feed My Tum and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services.

Unless written permission is provided by TISH Limited, nothing in this Agreement gives you a right to use any of TISH Limited trade names, trademarks, services marks, logos, domain names, or other distinctive brand names.

TISH Limited is the copyright owner of all content on the www.feedmytum.com site. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the www.feedmytum.com site without express written permission from TISH Limited.

General Conditions

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is only available at the levels offered for the specific account plan that you have signed up for.

You understand that Feed My Tum uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. These vendors and partners may have access to User Content, profile pages, account information or any other information submitted via the Services.

You shall not modify, adapt, access without authorization or hack the Services or modify another Web site so as create the impression that it is associated with the Services, Feed My Tum, or any other entity affiliated with Feed My Tum.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of Feed My Tum.

We may, but have no obligation to, remove User Content or other information and accounts containing any information that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or this Agreement.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Feed My Tum user, customer, employee, member, or officer will result in immediate account termination with no refund.

You understand and agree the technical processing and transmission of the Services, including your User Content, may be transferred in unencrypted form 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, SMS, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Feed My Tum) of other Feed My Tum customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.

Feed My Tum does not warrant that;

(i) the Services will meet your specific requirements,

(ii) the Services will be uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of the Services will be accurate or reliable,

(iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and

(v) any errors in the Services will be corrected.

You expressly acknowledge and agree that Feed My Tum 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 Feed My Tum has been advised of the possibility of such damages), resulting from:

(i) the use or the inability to use the Services;

(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 Services;

(iii) unauthorized access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on the Services;

(v) or any other matter relating to the Services.

The failure of Feed My Tum to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. The Terms of Services constitutes the entire agreement between you and Feed My Tum and govern your use of the Services, superseding any prior agreements between you and Feed My Tum (including, but not limited to, any prior versions of the Terms of Service).

Notification of Copyright Infringement Claims

TISH Limited and its affiliates comply with New Zealand copyright law. Copyright owners have the right to notify TISH Limited, if they believe that an account user of a Feed My Tum application has infringed the copyright owner’s work(s). Notifications of claimed copyright infringement must be submitted in writing to Feed My Tum designated copyright agent for receiving such notifications.

By email: team@feedmytum.com

By mail: Feed My Tum ATTN: Copyright Agent  PO Box 99303, Newmarket, Auckland 1149, New Zealand.

Telephone: +61 404 217 630

To be effective, the notification of claimed infringement must be a written communication and must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A list identifying the material(s) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Feed My Tum to locate the material.

Information reasonably sufficient to permit Feed My Tum to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.