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Last updated 09/12/2020
All the data collected in the platform including your suppliers, recipes and routines belongs to you and we will not use it for any purpose other than for your benefit and use of the platform.
We will not access your data other than for the purpose of assisting you upon your request. We will ask for that permission explicitly when you make a service request and you may choose to decline, we will still try and help you as best we can without it if you so wish.
Your information may be used for processing purposes and analytics, this information is used to improve your user experience and for you to make the most of our platform.
Restoke will not show you any IP information from other restaurants including recipes, which suppliers they use or how much they pay and we will not show your information to others.
Restoke.ai, and/or its affiliates (“Restoke.ai”,”Restoke”, “we” or “us”) operate an online web & mobile platform. Restoke.ai located at www.restoke.ai. from which you may purchase products and services
These Terms of Use apply to the content and functionality of Restoke.ai, and to Restoke.ai Products.
1. Information that you provide to us
You may give us information about yourself when you visit Restoke.ai. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorise us to send those messages when you visit Restoke.ai and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. Restoke.ai IP
As between you and Restoke.ai, Restoke.ai and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in Restoke.ai (collectively, “Restoke.ai IP”). Restoke.ai IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Restoke.ai Platform IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to Restoke.ai or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Restoke.ai has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Restoke.ai platform
Restoke.ai grants you a limited, revocable, non-exclusive, non-transferable license to access Restoke.ai. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorised use.
4. Products, Content and Specifications.
Details of the products and services available for purchase in Restoke.ai are set out in Restoke.ai. All features, content, specifications, products and prices of products and services described or depicted in this Restoke.ai Platform are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. the appearance of a product in reality may differ from its appearance to you on Restoke.ai due to the limitations of the systems that you use to access Restoke.ai. The inclusion of any products or services in Restoke.ai at a particular time does not imply or warrant that these products or services will be available at any time.
5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via Restoke.ai. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you 7 days prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
6. Your account
We require that you create an account to access Restoke.ai, including to make purchases.
you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Sanctions and export policy
You may not use Restoke.ai or purchase any Restoke.ai Platform or Product in or for the benefit of a country, organisation, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the Australian Government. We do not claim, and we cannot guarantee that Restoke.ai or any Restoke.ai Platform Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
8. No warranties
We provide Restoke.ai, Restoke.ai Platform IP and Restoke.ai Platform Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Restoke.ai or obtained by you from or through Restoke.ai – whether from Restoke.ai or another entity, and whether oral or written – creates or implies any warranty from Restoke.ai to you.
Restoke.ai disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through Restoke.ai; (b) that Restoke.ai Products will meet your specific needs or requirements; (c) that Restoke.ai will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Restoke.ai will correct any defects or errors in Restoke.ai; or (e) that Restoke.ai is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Restoke.ai is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
9. Limitation of liability
Under no circumstances will Restoke.ai be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use Restoke.ai or for the unavailability of Restoke.ai, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of Restoke.ai, even if such damages are foreseeable, and whether or not you or the Restoke.ai has been advised of the possibility of such damages. Restoke.ai is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of Restoke.ai or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Restoke.ai further denies responsibility for all liability and damages to you or others caused by (a) your access or use of Restoke.ai inconsistent with our instructions; (b) any unauthorised access of servers, infrastructure, or data used in connection with Restoke.ai; (c) any bugs, viruses, or other harmful code that may be transmitted to or through Restoke.ai; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Restoke.ai in relation to Restoke.ai, Restoke.ai Platform IP, and Restoke.ai Platform Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Restoke.ai during the three-month period immediately preceding the event that gave rise to your claim for damages, and AUD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
10. Applicable law
By using Restoke.ai, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Restoke.ai.
11. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Restoke.ai by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.