These terms and conditions (the "Terms") govern your access to and use of CHOEWZ websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract as well as a physically signed contract with CHOEWZ FOOD MARKETING SERVICES, a Tech start-up located at 50 Gulf View Villas San Fernando, in the Island of Trinidad, Republic of Trinidad and Tobago ("CHOEWZ"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "Your" refer to you as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "Us,", "Our" “CHOEWZ”, “Choewz Entities” refers to Choewz Food Marketing Services.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "CHOEWZ Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than CHOEWZ or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content and CHOEWZ Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
b. Permission to use the site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
c. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
d. User Accounts
e. Communications from CHOEWZ and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive messages from other Users and/or any third-parties within CHOEWZ. You will also receive our e-mails and notifications about happenings about CHOEWZ or any third-parties operating on the site. You can opt-out of non-essential communications in settings.
Fees are charged on a percentage basis on every order on the platform. Businesses can make payments via the various payment options listed on the website.
5. REGISTERED AND NON-REGISTERED BUSINESSES
The site is for use by both registered and non-registered businesses
a. Responsibility for your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CHOEWZ.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against CHOEWZ and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize and prepare derivative works of Your Content.
As between you and CHOEWZ, you own Your Content. We own the CHOEWZ Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the CHOEWZ Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the CHOEWZ Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the CHOEWZ Content are retained by us.
CHOEWZ and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by CHOEWZ) does not necessarily reflect the opinion of CHOEWZ. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
8. GUIDELINES AND POLICIES
a. Content Guidelines
You represent that you have read and understood our Content Guidelines.
(i) take action regarding suspected illegal activities;
(iii) comply with legal process or other government inquiry, such as a Search Warrant, Subpoena Witness Summons, Statute, Judicial proceeding, Court Orders or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
9. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against CHOEWZ and its users any claims and assertions of any moral rights contained in such Feedback.
10. THIRD PARTIES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third-Party Site. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third-Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.
11. ALCOHOL AND DRUGS
The Site may include the selling of alcohol, items which consist of alcohol or services which include the use of alcohol. Cannabis or any other illegal drug which is incorporated in any product or service is not allowed on the Site and if found the users account will be terminated immediately.
The User(s) of the site hereby wholly indemnifies CHOEWZ and hold them harmless against any claims actions liability suits loss damage or demands or howsoever otherwise arising from or associated with the use of the Site whatsoever and howsoever arising.
13. GOVERNING LAW
14. DISCLAMINERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the choewz entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
A. The site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Choewz entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The Choewz entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Choewz entities are not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
B. The Choewz entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the choewz entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site or if you get physically damaged while in the presence of a business listed on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
C. The Choewz entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Choewz entities shall create a representation or warranty.
D. Subject to Section 6 of the Terms, your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site..
E. E.We do not offer any guarantee or warranty, either express or implied, nor make any claims as to the safety, quality, reliability or performance of the services provided by the businesses, users and/or contributors of the site. We are not liable for any damages caused by your use or misuse of the services provided through the site.
F. The Choewz entities disclaim liability for any
(i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,
(ii) loss of profits,
(iii) business interruption,
(iv) reputational harm, or
(v) loss of information or data.
a. You may terminate the Terms at any time by closing your account and discontinuing your use of the Site.
b. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
c. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 11 will continue in full force and effect, including our right to use Your Content.
16. GENERAL TERMS
a. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
b. We may provide you with notices, including those regarding changes to the Terms by email or communications through the Site.
c. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
d. Any failure on CHOEWZ's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
f. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with CHOEWZ's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.