Terms of Service
These terms and conditions form part of the Agreement between the User and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
The following terminology applies to these Terms of SERVICE, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to Cheddrsuite. "Party", "Parties", or "Us", refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the "Users" in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he, she, or they, are taken as interchangeable and therefore as referring to same.
Acceptance of Terms
By accessing, viewing or using all or any part of the cheddrsuite.com site you are accepting the terms of the Terms of Service. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority or you do not agree with these terms and conditions, you must not accept this agreement and may not use the service or content.
You must be human. Accounts registered by "bots" or other automated methods are not permitted. You agree to: a) provide true accurate, current and complete information about yourself as prompted by the service's form and b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cheddrsuite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cheddrsuite has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Cheddrsuite is proprietary to RD Solutions, LLC and its licensors, if any, and is protected by intellectual property laws and international intellectual property treaties. Cheddrsuite currently provides users with paid subscription access to online resources. Fees are based on the number of employees added and the duration paid, as more specifically described online at: http://www.cheddrsuite.com. Each User account is valid for one User only and may not be shared concurrently or otherwise by or among multiple Users. You are responsible for your Users' compliance with the terms of this agreement.
Operation, Maintenance, and Security
- Cheddrsuite reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes 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.cheddrsuite.com
- You are responsible for maintaining the security of your account and password. Cheddrsuite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all activities that occur under your account. You agree to immediately notify Cheddrsuite of any unauthorized use of logins on your account or any other breach of security.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use Cheddrsuite in any manner which could damage, disable, overburden, or impair any Cheddrsuite Site/Service(s) (or the network(s) connected to any Cheddrsuite Site/Service(s) or interfere with any other party's use and enjoyment of any Cheddrsuite Site/Service(s). You may not attempt to gain unauthorized access to any Cheddrsuite Site/Service(s), other accounts, computer systems or networks connected to any Cheddrsuite Site/Service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Cheddrsuite.
- Cheddrsuite reserved the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Cheddrsuite Site (www.cheddrsuite.com) or the Service itself. Cheddrsuite shall not be liable to you or to any third party for modification, price change, suspension or discontinuance of the service.
- Each user account will be limited to the use of a pool of 2 GB of total storage space, shared for each restaurant location, to store all customer data loaded by such User. Additional storage space can be purchased per location at then-standard rates. Cheddrsuite reserves the right to implement reasonable usage limitations from time to time, including limitation on the number of page views and call to Cheddrsuite interface and systems, as it deems necessary.
- You shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your and your User's access to use of Cheddrsuite, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, and programs and services required to access and use Cheddrsuite.
- Modification, reverse engineering, reverse compiling, or disassembly of Cheddrsuite or any component thereof is expressly prohibited.
- Cheddrsuite reserves the right to compile aggregate components of User Data together with information received from Cheddrsuite's other subscribers to create Compiled Data. Cheddrsuite agrees that Complied Data will be presented in an aggregate manner only and will not reveal proprietary or personal identifying information about the User or the User's customers. User acknowledges that Complied Data is owned solely by Cheddrsuite.
Limitation of Liability
You expressly understand and agree that Cheddrsuite 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, date or other intangible losses (even if Cheddrsuite has been advised of the possibility of such damages), resulting from: a) the use or the inability to use the service; b) 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 form the service; c) unauthorized access to or alteration of your transmissions or data; d) statements or conduct of any third party on the service; or e) any other matter relating to the service. 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 above limitations may not apply to you.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposed, any portion of the Service, use of the Service, or access to the Service.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
For the purposes of agreement, Confidential Information shall include the Service, the User Data, and any accompanying or related documentation. Confidential Information does not include information which is:
- Developed by the non-disclosing party independently of the disclosing party as supported by the non-disclosing party's written records;
- Rightfully obtained without restriction by the non-disclosing party from a third party;
- At the time of disclosure or thereafter becomes publicly available other than through the fault or negligence of the non-disclosing party;
- Released without restriction by the disclosing party to anyone including the U.S. Government as supported by the non-disclosing party's written records; and
- Known to the non-disclosing party at the time of disclosure as supported by the non-disclosing party.
During the term of this Agreement and for a period of five (5) years after its termination or expiration, the Parties agree they shall not disclose any of the Confidential Information in any manner whatsoever, except as provided in subparagraphs (b) and (c) below, and shall hold and maintain the Confidential Information in strictest confidence.
- A party may disclose Confidential Information to such party's directors, officers, employees, agents; and financial, legal, other advisors and affiliates (collectively, Representatives) with a bona fide need to know such Confidential Information, but only to the extent necessary to evaluate or carry out the terms of this Agreement and only if such Representatives are advised of the confidential nature of such Confidential Information and the terms of this Agreement and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such Confidential Information. Further, the Parties acknowledge and agree that nothing in agreement shall prohibit the collection, compilation and distribution of any Compiled Data by Cheddrsuite in accordance with this Agreement.
- A party may disclose Confidential Information if and to the extent that such disclosure is required by court order, provided that such party provides the other party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
- The Confidential Information is being disclosed to the Parties and the Parties receive the Confidential Information solely for the purpose stated herein and specifically agree not to use the Confidential Information for any other purpose.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Cheddrsuite:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Cheddrsuite's literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
You shall provide to Cheddrsuite by the Effective Date, valid, up-to-date and complete payment information which shall be provided in the following form: Credit Card of which must be in a format that is acceptable to Cheddrsuite, and any other relevant valid, up-to-date and complete contact and billing details. You shall pay Cheddrsuite (or its third-party payment services provider, if any) the subscription and other charges set forth in the applicable order form (whether online or otherwise) ("Order Form"), the first such payment due and payable and immediately upon submission of the Order Form and any other payments due monthly, quarterly or annually as set forth in the Order Form ("Fees"). All Fees, Taxes (defined below) and other charges shall be billed to your credit card, ACH or other payment method by Cheddrsuite or its third party service provide, if any. Fees are quoted and payable in United States dollars and are based on services and accounts purchased as opposed to actual usage. You shall be responsible for and shall pay Cheddrsuite all currency conversion charges, sales, use, value-added, personal property taxes, duty or levy of any kind, including interest and penalties thereon ("Taxes"), whether imposed now or hereinafter by any government entity. You agree to pay interest at the rate equal to the lesser of 1.5% per month, or the maximum rate allowed by applicable law on any outstanding balance, together the costs of collection, including attorneys' fees and costs. Any payment not received within thirty (30) days of the applicable due date shall be considered a breach of this agreement and Cheddrsuite shall be entitled to deactivate a User's account for late payment and Cheddrsuite decides to reactivate such account at User's request.
Termination of Agreements and Refunds Policy
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until the expiration of the period set forth in the Order Form unless otherwise earlier terminated in accordance with this Agreement. Except as otherwise specified in the applicable Order Form, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one (1) year (whichever is shorter), unless either party gives the other written notice of non-renewal at least thirty (30) days prior the end of the relevant subscription term. The Fees during any such renewal term shall be the same as those charged during the prior term unless RD Solutions, LLC provides you with written notice of an increase in Fees at least thirty (30) days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. Any such increase in Fees shall not exceed ten percent (10%) over the applicable Fees for materially similar access to or number of equivalent accounts for Cheddrsuite in the immediately prior subscription term, unless the Fees in such prior term were designated in the relevant Order Form as promotional or one-time. Notwithstanding anything to the contrary in this Agreement, if you are registering for a free, 30-day trial subscription to Cheddrsuite, the term shall be for such thirty (30) days, and Cheddrsuite shall have no further obligation beyond such time period unless you convert to a paid subscription during such free trial period. Should either party commit a material breach of its obligations hereunder, the other party may, at its option, terminate this Agreement by written notice to the other party. Such notice shall identify and describe the material breach upon which termination is based. The breaching party shall have fifteen (15) days from the effective delivery of the notice to cure such breach which, if effected, shall prevent termination by virtue of such breach. In the event of termination by you due to Cheddrsuite's uncured breach, Cheddrsuite shall refund a pro rata portion of the Fees paid by you for the then-current term. Otherwise, you shall not be entitled to any refund of the Fees, and any unpaid Fees for the remainder of the then-current term shall become immediately due and payable to Cheddrsuite. Cheddrsuite may suspend your and your Users' access to Cheddrsuite immediately upon written notice in the event of non-payment of the Fees for a period of ten (10) days after the due date thereof or immediately in the event of later rejection of your payment method or chargeback. Cheddrsuite reserves the right, in its sole discretion and at any time and for any reason, to terminate the terms of this Agreement as to Cheddrsuite upon thirty (30) days notice to you. Additionally, you may terminate this Agreement immediately in the event you qualify for service level credits for any three (3) consecutive months during the term of this Agreement. In such an event, Cheddrsuite shall refund a pro rata portion of the Fees paid by you for the then-current term. Upon termination, you and your Users shall terminate all use of Cheddrsuite, including, without limitation, you and your Users' use of any and all proprietary documents and materials made available through Cheddrsuite, and each party shall return or destroy the other party's Confidential Information (provided that Cheddrsuite may retain your Confidential Information subject to the confidentiality obligations of this Agreement to the extent incorporated into Cheddrsuite's disaster recovery backups, if any, or as otherwise permitted or required by law). Cheddrsuite shall have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in its systems or otherwise in its possession or under its control. In the event you are subscribing to a 30-day free trial, you must remove all Customer Data uploaded to and/or input into Cheddrsuite prior to the end of the trial period. Cheddrsuite may remove any remaining Customer Data from its systems immediately upon expiration of the free trial period unless you convert to a paid subscription prior to expiration of such free trial period.
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to Cheddrsuite services and the full content of this website.
Cheddrsuite's logo is a registered trademark of RD Solutions, LLC in the United States and other countries. The brand names and specific services of Cheddrsuite featured on this web site are trade marked.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.