CLOOSIV TERMS OF SERVICE

 

Welcome to Cloosiv (“Cloosiv”, “us”, “our”, or “we”), we provide a mobile self-checkout solution, owned and operated by VITE Shopping, Inc. (“VITE”, “Cloosiv”). These Terms of Service (“Terms”) govern your access and use of Cloosiv’s website (the “Site), found at https://www.cloosiv.com, and mobile application (the “App”), as well as the use of the Site and the App to access and use services made available through the Site or App (collectively, the “Services”). “Business” means any entity that uses the Services to allow you or any other party to purchase goods and services. “Customer” or “You” means a customer of a Business who uses the Services to purchase items.

 

Please read these Terms carefully. These Terms govern your access to and use of the Services. By using or downloading the Services or registering to use the Services, you signify your assent to both these Terms and our Privacy Policy, which is available at http://www.cloosiv.com/privacy. Changes may be made to these Terms from time to time. Your continued use of the Services will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the Services.

 

1. Use of Services. 


Subject to the terms of service hereof, during the period these Terms are in effect, Cloosiv allows you to use the Services on a non-exclusive basis. Cloosiv may change, modify or update the Services at any time without prior notice to you, including by removing functionality. Cloosiv makes the Services available free-of-charge to you. Currently, we accept major credit cards for purposes of making payments to the Businesses. Businesses may determine what methods of payments they accept by means of the Services. These methods of payments may change at any time. In addition to these Terms, the purchase of any goods or services may be subject to additional terms or services provided by the applicable Business.

 

2. Registration.

To access the features of the Products, including the Services, you will be asked to register an account. By registering an account with Cloosiv, you represent that you are at least 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Products and the Services. You are fully responsible for your account, including use of the account by any third party. You may register to use Cloosiv by connecting through Facebook. By registering through a Facebook account, you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to Facebook’s terms and conditions. When you complete the registration process, you create a Cloosiv account. Your account allows you to use the Services to purchase items, subject to these Terms. At this time, you cannot create an account other than through Facebook, but may be able to in the future. If you plan at any time to purchase age-restricted merchandise (i.e. cigarettes, alcohol), at the time of account registration you are required to scan and validate your state-issued driver’s license. You are responsible for scanning your legal identification, if you scan identification that is not yours, Cloosiv reserves the right to report your submission to authorities. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer and mobile device and all activity on your account, even if such activities were not committed by you. Cloosiv is not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Cloosiv harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at support@cloosiv.com that your account has been compromised, and have requested us to block access to it. Furthermore, you may not use the Services without registering an account with Cloosiv and by providing the specified information, in order to complete your transaction.

 

3. Charges.

 

Products or services made available on the App, may be available for purchase. By purchasing products or services made available through the App, you represent that you are 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent), and that you will comply with all specified processes and procedures for redeeming your purchase. All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). Cloosiv may replace its third-party payment processing services without notice to you. Charges shall only be made through the Cloosiv app. By making use of some or all of these payment services on the App, you agree to be bound by Stripe, Inc.’s terms and conditions (available at https://www.stripe.com/payment-terms/legal along with its privacy policy at https://www.stripe.com/privacy, and hereby consent and authorize Cloosiv to delegate the authorizations and share the information you provide to Cloosiv with Stripe, Inc. to the extent required to provide the payment services to you. Stripe, Inc. may also be contacted directly for payments support by email at support@stripe.com. You are responsible for all charges incurred under your account, whether made by you or another person using your account. Any Business which allows you to use the App to settle or pay for a check, bill, tab or other payment retains the right to settle your payment should you fail to properly settle your outstanding balance, either as a result of your failure to use the App to pay for your balance, or as a result of the App failing to properly pay such owed payment. In addition, should you fail to properly settle your outstanding balance at a service business, a standard 20% tip of gratuity will be included as part of your payment to the Business. If for any reason Cloosiv does not receive payment for a purchase, Cloosiv may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the App or the purchase of any products or services made available through the App, including sales, use and excise taxes (excluding only taxes on Cloosiv’s net income). To the extent that Cloosiv is obligated to collect such taxes, the applicable tax will be added to your billing account.

You understand that the prices for product or menu items displayed through the Platform may differ from the prices offered or published by Merchants for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Platform may not be the lowest prices at which the product or menu items are sold.

Because of the nature of the Platform, Cloosiv does not control how much a Merchant will charge for a particular product or menu item. Merchants may charge more or less for products or menu items you order. 

Certain features of the Platform, including placing orders, may require you to pay fees to Cloosiv. Cloosiv may change, or add, fees for use of our Platform at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept the fees that you will be charged, as applicable. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. 

Cloosiv has no obligation to itemize its costs, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms.

Cloosiv will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. 

Cloosiv, in its sole discretion, may provide users with product credits, or make promotional offers with different features and different rates to any consumers. These credits and offers may be used for future transactions on the Platform. Such credits or offers are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Cloosiv reserves its right to expire, limit, or modify any credits or promotion at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.

4. Returns and Refunds.

 

Cloosiv does not sell goods or services, but only provides a platform for transactions between Businesses and their customers while the customer is on the Businesses’ premises. Cloosiv does not have any return or refund policy, and all refunds or returns shall be in accordance with the return and refund policy of the applicable Business. If you are not satisfied with any goods or services you have purchased, please be in direct contact with the applicable Business. Notwithstanding the above, if an accidental price discrepancy between the actual price in the store and the payment processed via the Services is discovered following the use the Services, contact Cloosiv at support@cloosiv.com and Cloosiv will refund the difference to you.

 

5. Restrictions. 

Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms; (d) solicit another person’s password or other personal information under false pretenses; (e) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (f) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (g) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (h) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (i) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services. Persons under the age of 18 (or any other person that is a minor under applicable law) may not make purchases through the Services.

 

6. Your Responsibilities.

You may use the Services to pay for merchandise. You may only use the Services to make legitimate purchases in good faith. We reserve the right to terminate without notice the account of any user we have reason to believe may be using the Services either fraudulently or in bad faith. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. You must respect the terms and conditions of any payment methods you use.

 

7. Businesses’ Responsibilities.

Cloosiv only provides the Services to assist users in purchasing items from third party Businesses. Cloosiv shall have no responsibility for the actions of any Business, the goods, services, prices, advice, data and information provided by any Business, or the content of any internet website of any Business. If you have any complaints regarding any of the foregoing, please be in touch directly with the applicable Business. Cloosiv has no responsibility for any messages sent to you by a Business through the Services, including whether such messages comply with applicable law.

 

8. Intellectual Property.

All right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) all trade names, trademarks, and logos of Cloosiv shall at all times remain solely with Cloosiv or its licensors. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms.

 

9. Copyright Infringement.

Cloosiv does not own any descriptions or pictures of any goods or services provided by any Business or any pictures uploaded by users. Cloosiv will remove all infringing content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to info@cloosiv.com.

 

10. Privacy Policy. 

You understand that Cloosiv collects data you enter in the Services, which data includes information that may personally identify you or describe your personal interests or shopping history (the “Data”). Cloosiv may make all use of the Data as set forth in the Cloosiv Privacy Policy, which may be updated from time to time by Cloosiv (the “Privacy Policy”). A current copy of the Privacy Policy is available at http://www.cloosiv.com/privacy.

 

11. Apple. 

These Terms are an agreement between you and Cloosiv. Apple has no responsibility for the application or the content of the application, including in respect of claims of intellectual property infringement, product liability or that the application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the application and has no obligation to provide support in respect of the application. All claims in respect of the application must be directed to Cloosiv and not to Apple. Your use of the application must be in compliance with the App Store Terms of Service, and you may only use the application on an iPhone, iPad, iPod or Apple Watch that you own or control as permitted by such terms. In the event the application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the application to you. Apple shall be a third party beneficiary of these Terms with the right to enforce these Terms against you.

 

12. Disclaimer.

YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. CLOOSIV EXPRESSLY DISCLAIMS ANY WARRANTIES AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE SERVICES IS AT YOUR OWN RISK, AND CLOOSIV DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES. INFORMATION REGARDING GOODS AND SERVICES, INCLUDING ANY PRICING INFORMATION AND IMAGES, IS PROVIDED BY THIRD PARTY BUSINESSES, AND CLOOSIV CANNOT AND DOES NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF.

                                                                                                                                                     

13. Limitation of Liability. 

IN NO EVENT SHALL CLOOSIV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES.  CLOOSIV’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS YOU HAVE PAID TO CLOOSIV TO USE THE SERVICES. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENT TO CLOOSIV TO USE THE SERVICES, CLOOSIV SHALL HAVE NO LIABILITY TO YOU IN RESPECT THEREOF. Cloosiv is not responsible for any connections to or from the Internet. Cloosiv is not responsible for any telephone network or lines or computer systems or servers, or for any such failures affecting a third-party payment processor. Under no circumstances shall Cloosiv be responsible for any loss or damage resulting from use of the Services, including personal injury or death, from any content posted on or through the Services, or from the conduct of any employees or agents of any Business, whether online or offline.

 

14. Indemnification. 

 

You agree to indemnify, defend, and hold harmless Cloosiv and its respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer or password; (b) your violation of any law or regulation; (c) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (d) your violation of any law or regulation; or (e) your infringement of any right of any third party.

 

15. Term.

 

The term of this agreement shall commence on the date you accept these Terms and shall continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate these Terms at any time by written notice (including via email). Notwithstanding the termination of these Terms, Sections 2 – 16 shall survive the termination of these Terms for any reason.

 

16. Third Parties.

 

Cloosiv does not endorse any products or offered by Business or any other third party. The Services may provide links to third party websites or third party services or resources. We have no control over third-party sites, content or resources and all use of the foregoing is at your own risk. Additionally, all payments made to purchase goods or services are made through third party payment processors. We cannot accept responsibility for any payments processed or submitted through such third-party payment processors, or for the privacy policies of any such services.

 

17. Miscellaneous.

 

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to email communications. You hereby consent to receive a receipt for payment made using the Services via electronic means. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. Cloosiv may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the United States of America. 

 

 

 

Last updated: August 2018