ES
Effective: November 30, 2020,
The following Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you
(“you” or “your”) and A&B POS Solutions Inc. (“AB GO,” “we,” “us” or “our”) and govern your
access to and use of our services, which include any websites, applications, digital ordering
features, or any other ways AB GO allows you to engage with us directly or through a Merchant
that uses AB GO (collectively, part of the “Services”). Our Services include, but are not limited
to, our websites, including https://www.abposus.com (our “Websites”); the AB GO mobile
application and related websites and services (“AB GO App” or “App”); any digital ordering
feature that A&B POS Solutions offers to Merchants, including a Merchant’s Online Ordering page
and Order & Pay at the Table features(collectively “Digital Ordering”); and Payment Transactions
facilitated on the Dessert point of sale or via AB POS Solutions scan to pay feature
(“Point of Sale”). Capitalized terms used but not defined herein shall be specified in the
Merchant Agreement.
By accessing or using any of the Services, you agree to these Terms and any other policies or
terms referenced within or posted throughout the Services, including but not limited to promotion
terms, guidelines, as well as any rules or terms applicable to particular features or promotions,
which are hereby expressly incorporated into these Terms by reference.
You also acknowledge that you have read and understood our privacy statement (the “Privacy
Statement”).
FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION AND WILL POST
THE UPDATED TERMS TO https://dessertpos.com/Terms-Conditions. SUCH UPDATES MAY BE REQUIRED TO
REFLECT ENHANCEMENTS TO OUR SERVICES OR OUR WEBSITE. SUPPOSE OUR CHANGES REDUCE YOUR RIGHTS OR
INCREASE YOUR RESPONSIBILITIES. IN THAT CASE, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO
PROVIDE YOU WITH NOTICE BY EMAIL OR THROUGH THE TAKEOUT APP BY ANY NOTIFICATION PREFERENCES YOU
HAVE PROVIDED. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE
INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE
DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU
DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES
AND OUR WEBSITE.
These Terms include an agreement to resolve disputes by arbitration, which means that you and AB
POS waive the right to a trial by jury and agree to resolve any and all disputes through binding
arbitration on an individual basis.
If you are an individual, you must be at least 18 years of age, a US or Canadian resident,
and legally capable of entering into contracts. If you are an entity, organization, or company,
or acting on behalf of one, you represent and warrant that you are an authorized representative
of such entity and that you have the authority to and agree to bind it to these Terms. You
represent that you will not use the Services, directly or indirectly, for any fraudulent
undertakings. When you pay for a Purchase made through Point of Sale, the TakeOut App, or Digital
Ordering, you authorize AB POS to charge your credit or debit card or another permitted payment
method (“Payment Method”) on behalf of the participating Merchant from which you are making a
purchase.
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Services
AB POS provides technology services to Merchants to enable dining customers (“Guests”) to
place orders for food, beverages, and related products and services provided by the
Merchants (“Purchases”) and facilitates payment to the Merchants by the Guests for those
purchases with an eligible Payment Method (“Payment Transactions”). AB POS facilitates
Purchases with Merchants and processes guests’ payments to Merchants on behalf of each
Merchant.
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Opening and Accessing an AB POS Digital Ordering Account
When you use AB POS Ordering services on a Merchant’s website or premises, you
can choose whether you would like to register and create an AB GO account
(hereinafter “AB GO account” or “account”). If you create an account, you
may save your credit or debit card and other personal information to make future
orders faster and easier. You may make Purchases without creating an account,
but you will not be able to save any personal information or preferences for
future Purchases. In order to use the AB GO App, you must download the App
to your mobile device and create an AB GO account. If you use the same
email address for Digital Ordering, the AB GO App, and/or any Merchant
loyalty programs. You will be registered for one account across those services.
When you create an account, we will ask you for personal information such as
your name, mobile number, and email address stored with AB GO to facilitate
your transactions. You may also choose at any time to store Payment Method
information, which can be used to pay for future purchases. Information on how
we collect, use, and protect the personal information you provide to us can be
found in our Privacy Statement. You agree to provide true, accurate, current,
and complete information for your account registration, and you agree not to
misrepresent your identity or your Payment Method information. It is your
responsibility to keep the information you provide us up-to-date and accurate.
AB GO may, in its sole discretion, terminate or refuse to approve
registrations for AB GO Ordering Accounts with or without cause or notice,
other than any notice required by Applicable Law and Rules. At this time, AB GO
Services are offered only to users residing in the United States and Canada.
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Confidentiality.
Only you have the right to access and use your account. You are responsible for
ensuring that your login information and Payment Method information remain
confidential at all times. AB GO will assume that if your login or Payment
Method is used to access the Services, the user has the legal authority to use
such login or Payment Method. If you become aware of unauthorized use of your
login or Payment Method, you agree to notify AB GO immediately by email at
info@abposus.com. You remain liable for any activity on your account until AB GO
have been notified and has had an opportunity to take appropriate action.
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AB GO is not a Party to Payment Transactions
Purchases, and Payment Transactions you make through our Services are transactions between you and the
Merchant only, not with AB GO or any of our affiliates. AB GO is not
the seller of any product or service offered by Merchants and is not a party
to any Payment Transaction facilitated through the Services.
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Using your Account
Once you have created your account, you will be able to make Purchases from
Merchants through the Digital Ordering features and the AB GO App. You
can make changes to your account information by logging in on any Online
Ordering page or within the App. You will also be able to view your recent
Purchase and Payment Transaction history by logging in to your account. You
acknowledge and agree that all aspects of Purchases beyond the services that
AB GO provides and all engagement and interactions between the Merchant,
and you are solely the Merchant’s responsibility.
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Digital Ordering.
Digital Ordering features, including Online Ordering pages and Order &
Pay at the Table, allow you to make purchases from a participating
Merchant using your own computer or mobile device. You can also manage
your AB GO account from any Online Ordering page by logging in. You
can see your order history from that Merchant while you are logged in.
Some Digital Ordering features may allow you to place multiple orders
as part of one purchase. When you open a check, you may be required to
provide payment information prior to completing your purchase. By
providing your payment information for pre-authorization, you agree
to pay the total amount shown when you submit the final portion of
your order. If you fail to complete payment for your purchase, the
Merchant may be able to charge your payment method after a certain
amount of time has passed.
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AB GO App.
The AB GO App is a mobile application that enables you to make
Purchases from participating Merchants for pickup and/or delivery.
If your workplace offers an AB GO Drop location, you can make
Purchases for delivery to your available Drop location via the AB GO
App. You can manage your AB GO account by logging in and can
review your Purchase history within the App. If you access or download
the AB GO App from the Apple App Store, you agree to Apple’s
Licensed Application End User License Agreement. To use the AB GO
App, you must have a mobile device that is compatible with the App.
AB GO does not warrant that the App will be compatible with your
mobile device. You may use mobile data in connection with the App and
incur additional charges from your wireless provider for these services.
You agree that you are solely responsible for such charges. AB GO
hereby grants you a non-exclusive, non-transferable, revocable license
to use the App for one Digital Ordering Account on a mobile device owned
or leased by you for your personal use.
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Loyalty and Rewards.
AB GO provides technology services that enable Merchants to offer
guests loyalty and/or rewards programs. By enrolling in any loyalty
program offered by AB GO or by a Merchant using AB GO
technology services, you expressly agree to these program terms. You
may enroll in a Merchant’s loyalty program by signing up at the Merchant
or while placing an order, subject to the Merchant’s terms and
conditions related to its loyalty program. Once you have enrolled,
you may earn points when you make Purchases from Merchants, which can
later be redeemed for discounts or other benefits. If you initiate a
return, chargeback, or refund, points associated with the purchase may
be revoked. You may check your current rewards balance by clicking the
link you receive when you sign up for a Merchant’s loyalty program. If
you choose to enroll in a Merchant’s loyalty program, you agree that the
Merchant may contact you using the contact method(s) you provide with
program information, offers, and other marketing and transactional
communications. Any information shared by AB GO with Merchants
is subject to our Privacy Statement. Once a Merchant has received the
information you provide from AB GO, the use and governance of that
information will be managed by the Merchant, which may have separate
privacy practices and policies. AB GO does not authorize Merchants
to send marketing messages to your mobile number. Merchants may not send
marketing messages to your mobile number unless you expressly authorize
the Merchant to send you such messages. Each Merchant is solely
responsible for operating and maintaining its own loyalty program,
including establishing the number of points that you may earn when you
make Purchases, setting redemption thresholds, and determining how and
when points may be redeemed for rewards. Merchants can modify their
loyalty programs and/or modify the points balance held by any individual
Guest. AB GO is not responsible for notifying you in the event that
the Merchant changes any element of its loyalty program or ceases to
offer a loyalty program. The Merchant is solely responsible for
communicating program or points balance changes to you. Points earned
through any loyalty program offered by AB GO or a Merchant using
AB GO have no cash value and cannot be transferred, redeemed, or
sold for cash. Subject to notice requirements under Applicable Law and
Rules, AB GO reserves the right, in its sole discretion and at
any time, to modify, suspend, terminate, revalue or cancel its own
loyalty program and/or the technology services that enable Merchants
to offer loyalty programs through AB GO. In the event AB GO
terminates any loyalty program offered by AB GO or by a Merchant,
AB GO will, in accordance with the Applicable Law and Rules,
maintain records of Guest’s loyalty points for one year following the
termination of the loyalty program, in the event the loyalty program
is reinstated within one year of termination. AB GO reserves the
right to adjudicate any discrepancies or disputes regarding rewards
allocations or these program terms at its sole discretion, and you agree
to abide by any such adjudication.
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Merchant Responsibilities
You hereby acknowledge and understand that each Merchant is solely responsible
for all aspects of its own day-to-day operations, including provision of food
and beverages (by any method, including through delivery), service, environment,
and overall quality and accuracy.
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Compliance.
You hereby acknowledge and understand that each Merchant is solely
responsible and liable for all marketing, selling, pricing, packaging,
and provision of any products or services offered to Guests through the
Services in compliance with all Applicable Law and Rules. AB GO
makes no representation or warranty regarding whether a Merchant holds
any applicable permit, license, registration, or another credential for
its business; whether representations by a Merchant are true and
accurate; or whether a Merchant complies with Applicable Law and Rules,
and AB GO is not responsible for the quality of the products or
services provided by Merchants.
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Alcoholic Beverages.
Certain Merchants may hold alcoholic beverage licenses and sell
alcoholic beverage products. The Merchant holding the alcoholic
beverage license must approve your purchase before the purchase is
finalized, and only upon acceptance of the order by the Merchant will
your Payment Method be charged. The portion of the funds charged to your
Payment Method which pertains to your alcoholic beverage product
Purchase may be held in an account for the benefit of the alcoholic
beverage supplier in compliance with Applicable Law and Rules. AB GO
acts as a third-party technology provider to and facilitates
payment processing on behalf of the Merchant and has no responsibility
or liability to you or any other person for any alcoholic beverage
products you may purchase from a Merchant or for any Merchant’s
compliance with Applicable Law and Rules, including without limitation,
local regulations regarding the sale of alcohol. By making a purchase
through the Services for alcoholic beverage products, you represent and
warrant that (i) if you are a US consumer attempting to consume
alcoholic beverages in the US, you are twenty-one (21) years of age or
older and, if you are a Canadian consumer attempting to consume
alcoholic beverages in Ontario and British Columbia, you are nineteen
(19) years of age or older, (ii) you are not procuring alcoholic
beverage products for a person under twenty-one (21) years of age in
the US or under nineteen (19) years of age in Ontario or British
Columbia and, (iii) you will provide bona fide government-issued photo
identification evidencing your age.
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Closing your Account.
You may close your AB GO account at any time and without cost, but you
will remain liable for any outstanding Purchases as well as any fees or other
charges incurred. AB GO will not issue refunds for amounts previously
incurred through our Services once you close your account. You can close your
account by emailing mcs@abposus.com. Please review our Privacy Statement for
further information about our practices regarding your personal information.
In certain cases, we may not allow you to close your account, including but
not limited to evade an investigation; you have open or pending Purchases or
Payment Transactions, or if you owe money to AB GO or a Merchant due to
your use of the Services
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Data Privacy and Security
The privacy and security of your personal information are important to us. AB GO
Privacy Statement describes what information we collect about you, how we may use
personal information, and the security measures we have taken to protect your personal
information. We encourage you to read the Privacy Statement carefully, as it forms a
binding part of these Terms of Service and contains essential information about your
rights.
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Purchases
AB GO makes available the Services and, either directly or through a third-party
service provider, processes Payment Transactions for Purchases on behalf of Merchants
as the agent of the Merchants through the payment networks. When you make a purchase,
you authorize AB GO, as agent for the Merchant, to submit the charge in the amount
of the Purchase (including any gratuities, fees, and taxes) to your Payment Method as
well as any credits in connection with chargebacks, reversals, refunds or adjustments.
AB GO, as the agent of the Merchant, will assist the Merchant in submitting the
Payment Transaction to the payment network and processing the Payment Transaction. Upon
AB GO receiving the proceeds of the transaction, your payment obligation to the
Merchant will be deemed completed (except in the case of a later chargeback or reversal).
You must provide a valid Payment Method to pay for your purchases made through any of
the Services. You authorize AB GO to confirm your Payment Method is in good standing
with the issuing financial institution. In order to do so, AB GO may obtain
authorization to charge your Payment Method for a Payment Transaction. This authorization
may reduce your available fund’s balance by the authorization amount until the Payment
Transaction is actually charged to your Payment Method and the proceeds are processed
and settled. Please contact your Payment Method issuer if you have questions regarding
the status of an authorization or a charge to your Payment Method. You agree that AB
POS GO, on behalf of the Merchant, may resubmit a Payment Transaction for processing
to a payment network in the event a prior Payment Transaction was declined or returned.
If you choose to store Payment Method information with AB GO via any of the
Services for your convenience and use in future transactions, you agree that AB GO
may receive up-to-date information on your Payment Method information (such as card
number or expiration date) through services available from the card networks and may
update your Payment Method credentials stored with AB GO (if you choose to store
your Payment Method credentials) from time to time. We may establish limitations
concerning the use of the Services, including without limitation individual or aggregate
transaction limits on the dollar amount or number of Payment Transactions you may make
within certain time periods. We may decline to process any Payment Transaction without
any notice to you. We may delay the processing of, hold or cancel processing of any
Payment Transaction upon the direction of the Merchant or if we believe, in our sole
discretion, that the transaction is invalid, suspicious, involves misconduct or fraud,
or otherwise violates Applicable Law and Rules, these Terms of Service, or any other
policies. Payments made through the Services are also subject to the terms of your
agreement with your Payment Method issuer. You are solely responsible for any charges
or fees that your Payment Method issuer may impose as a result of using the Services.
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Permitted Activities
By using the Services, you agree that:
You will not use the Services in any way that violates Applicable Law and Rules, these
Terms, or any other policies. You may only use the Services to make Purchases of a
legitimate, bona fide product or service purchased from a Merchant. The Services may
not be used to transfer money or process a Payment Transaction unrelated to a purchase
of a product or service from a Merchant. The information that you upload or post in
connection with the Services does not infringe on anyone else’s intellectual property
or proprietary rights or otherwise conflict with the law or the rights of others. You
will not upload, post, or otherwise transmit through the Services any content that
contains any viruses, trojan horses, time bombs, or any other harmful programs or
elements. You will not provide false information about yourself to us, impersonate any
other person, collect information about other users, or otherwise attempt to mislead
others about your identity or the truthfulness or accuracy of the data you transmit
through the Services. You will not damage, disable, disrupt, overburden, interfere with,
or attempt to gain unauthorized access to any portion of our Services, computer systems,
servers or networks, or any other person’s use and enjoyment of the Services. AB GO
may suspend or terminate your use of the Services at its sole discretion for any actual
or suspected violation of these limitations or other applicable policies or rules
referenced in these Terms of Service.
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Fees As of the date of these Terms.
We reserve the right to charge fees in the future, and any fees applicable to a
Purchase or Payment Transaction you make will be clearly disclosed to you prior
to the completion of your Purchase.
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Order Changes, Cancellation, Refunds, and Customer Service
Merchants each set their own cancellation and refund policies. Once a Purchase has been
made through the GO App, any Digital Ordering feature, or a Point-of-Sale
feature, you will need to contact the Merchant directly to inquire if you can make
a change to or cancel the Purchase or whether you may receive a refund. For questions
or customer service regarding a Purchase or the product or service provided by a
Merchant, please contact the Merchant directly. Each Merchant’s contact information
for customer service is available on its App listing for the AB GO App. AB GO
is not responsible for any Merchant service issues or content errors, or inaccuracies
related to a Merchant’s website, menu, or other materials. For technical questions
related to using the AB GO App, please email info@abposus.com.
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Promotions
When you use the AB GO App, Digital Ordering, or other AB POS solutions Services,
you may be eligible to use codes (“Promotion Codes”) at checkout to receive discounts
or other promotional offers on purchases (“Promotions”), subject to any terms and
conditions of the specific Promotion Code or Promotion, as displayed on our Websites,
on the App, or related print, social media, or digital marketing materials. The
promotional value may be issued by POS GO or by a Merchant. Promotion Codes may
not be redeemed for cash and are non-refundable and non-transferrable. AB GO
reserves the right to modify, suspend, terminate, or alter the terms of any Promotion
Code or Promotion at any time. Promotion codes may not be reused in the event of a
cancellation and/or refund
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Disclaimer of Warranties, Waiver, and Limitation of Liability
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL
INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AB POS NOR ITS
THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS OR SERVICES
PROVIDED BY MERCHANTS THAT ARE A CAUSE OF INJURY OR THAT ARE UNACCEPTABLE OR
DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS. EXCEPT FOR THE EXPRESS WARRANTIES
SET FORTH HEREIN, AB POS AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY
DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND
ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON- INFRINGEMENT AND QUALITY. AB POS RELIES UPON Merchants TO PROVIDE ACCURATE
ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. AB POS DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT
LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY
OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS
PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION
PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT
LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. AB POS AND ITS THIRD-PARTY
PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) WHETHER THE
SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RELIABILITY, AVAILABILITY,
TIMELINESS, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES; (III)
THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV) WHETHER THE OPERATION
OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (V) WHETHER THE
QUALITY OF THE SERVICE OR PRODUCTS OR SERVICE, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AB POS OR A THIRD PARTY THROUGH OR FROM THE
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU
ACKNOWLEDGE THAT NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS CONTROL THE
TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND
THAT NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY
LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH
COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER AB POS NOR
ITS THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY
BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE
WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
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Waiver of Liability
You acknowledge and agree that the Merchant is the seller of the food,
beverages, and related products and services which you may order and pay
for through AB GO App. The Merchant is solely responsible for any and
all damages, claims, liabilities, costs, injuries, or illness caused in whole
or in part by the Merchant. Merchant is also solely responsible for any
unclaimed property liability which may arise from Purchases, including gift
cards, paid for but not received by you.
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LIMITATION OF LIABILITY
IN NO EVENT WILL AB GO BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF AB GO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB POS AGGREGATE LIABILITY
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED
DOLLARS ($100).
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State Exemptions
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations
or exclusions may not apply to you. IN SUCH STATES, AB POS LIABILITY OF WILL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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Reliance on Limitations
Each party acknowledges that the other party has entered into these Terms
relying on the limitations of liability stated herein and that those limitations
are an essential basis of the bargain between the parties.
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Force Majeure
GO will not be liable for any failure or delay resulting from any condition
beyond its reasonable control, including but not limited to governmental action or acts
of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions,
power failures, and Internet disturbances.
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Indemnification
You agree to defend, indemnify and hold harmless AB GO and its directors,
officers, employees, affiliates and agents from and against any and all third
party claims, liability, damages, expenses and costs actions or demands, including,
without limitation, reasonable legal and accounting fees, arising or resulting
from (a) your breach of these Terms or any other policy; (b) your access to, use,
or misuse of the Third-Party Content or Services; and (c) your infringement or
infringement by any other user of your account, of any intellectual property or
other right of any other person. AB GO will provide notice to you of any
such claim, suit, or proceeding. AB GO reserves the right to assume the
exclusive defense and control of any matter which is subject to indemnification
under this Section. In such case, you agree to cooperate with any reasonable
requests assisting AB GO defense of such matter.
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Ownership of Content and Use of Trademarks
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Ownership
AB GO owns or has the license to all rights, title, interest, copyright,
and other worldwide intellectual property and trade secret rights in and to
the Services (including all derivatives or improvements thereof). You may
voluntarily submit suggestions, enhancement requests, ideas, feedback,
recommendations, or other input about the Services (“Feedback”) at any time.
You irrevocably assign all right, title, interest, and other worldwide
intellectual property rights in and to the Feedback to AB POS Solutions,
Inc, and acknowledge that we are free to use, disclose, reproduce and
otherwise exploit any and all feedback provided by you relating to the
Services in our sole discretion, entirely without obligation or restriction
of any kind. Any rights not expressly granted herein are reserved by AB GO.
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User Content
You retain all rights, title, and interest in and to any text, graphics,
videos, images, or other data that you upload to the Services (“User Content”).
You grant to AB GO a non-exclusive, royalty-free, fully paid-up,
worldwide license to access, use, copy, modify (including the right to
create derivative works of), display and transmit User Content for the
purpose of our providing the Services and in accordance with our Privacy
Statement. You are solely responsible for the accuracy, quality, content,
and legality of User Content, the means by which User Content is acquired,
and any transfer of User Content outside of the Services by you or any
third-party authorized by you. You represent, warrant, and covenant that you
have all rights necessary to upload the User Content to the Services and to
have otherwise such User Content used or shared, as applicable, in relation
to the Services.
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Third-Party Content
Through your use of the Services, you may be presented with material provided
by third parties, not owned or controlled by us, from our partners, and/or
from other users of the Services, including but not limited to links to websites
or other materials, software, text, graphics, videos, images, or advertising
content (collectively referred to as “Third-Party Content”). All Third-Party
Content and Services are protected by the United States and foreign intellectual
property laws. Unauthorized use of the Services and/or Third-Party Content
may result in violation of copyright, trademark, and other laws. Except as
expressly provided herein, you have no rights in or to the Services or
Third-Party Content, and you will not use, copy or display the Services or
Third-Party Content except as permitted under these Terms. No other use of
the Services or Third-Party Content is permitted without our prior written
consent. You must retain all copyright and other proprietary notices contained
in the Services and Third-Party Content. You may not sell, transfer, assign,
license, sublicense, or modify the Third-Party Content or reproduce, display,
publicly perform, make a derivative version of, distribute, or otherwise use
the Third-Party Content in any way for any public or commercial purpose other
than as permitted hereunder. The use or posting of any of the Third-Party
Content on any other platform or in a networked computer environment for any
purpose is expressly prohibited. If you violate any part of these Terms of
Service, your right to access and/or use the Third-Party Content and Services
will automatically terminate.
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Monitoring and Removal of Content
We do not review, pre-screen or filter all User Content or Third-Party Content,
but we do reserve the right to delete or refuse to accept any User Content or
Third-Party Content at our sole discretion. In addition, we have the right (but
not the obligation) in our sole discretion to reject or delete any content that
we reasonably consider to be in violation of these Terms or Applicable Law and
Rules.
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Third-Party Content Precautions
We do not guarantee the accuracy, integrity, or quality of any Third-Party
Content, regardless of whether such products or services are designated as
“certified,” “validated,” or the like. Any interaction or exchange of
information or data between you and any third-party is solely between you
and such third-party. You should take precautions when downloading files
from any platform to protect your computer from viruses and other destructive
programs. If you decide to access any Third-Party Content, you fully assume
the risk. Under no circumstances will AB POS be liable in any way for any
Third-Party Content, including liability for any errors or omissions in any
Third-Party Content or for any loss or damage of any kind incurred as a result
of the use of or reliance on any Third-Party Content posted, emailed, linked
or otherwise transmitted via the Services.
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Trademarks
The trademarks, service marks, and logos of AB POS Solutions (the “AB POS
Trademarks”) used and displayed on the Services are registered and unregistered
trademarks or service marks of AB POS. Other AB POS product and service names
located in the Services may be trademarks or service marks owned by a Merchant
or other third parties (the “Third-Party Trademarks,” and, collectively with
the AB POS Trademarks, the “Trademarks”). Nothing in these Terms of Service
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed in the Services without the
prior written consent of AB POS specific for each such use. The Trademarks may
not be used to disparage AB POS or the applicable third-party; AB POS, or
third-party’s products or services, or in any manner that may damage any
goodwill in the Trademarks. Except as described herein, the use of any
Trademarks is prohibited without AB POS prior written consent. All goodwill
generated from the use of any AB POS Trademark or Third-Party Trademark will
inure to AB POS, or the applicable Third Party’s benefit, as applicable.
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Termination of the Terms of Service
These Terms of Service continue to govern your use of the Services unless and until
such time as you or we terminate your use of any applicable Service(s). Upon termination,
you will lose access to the relevant Services, and we may delete any information stored
regarding you or your transactions through the Services. Termination of your use of any
of the Services does not relieve you of the obligation to pay for any purchases made
as well as related fees and charges already incurred. In the event of termination of
your use of the Services by you or us, we will not provide any refunds for amounts
previously paid through the Services. AB POS reserves the right, in its sole discretion,
to limit, suspend, or terminate your AB GO account and/or access to all or any
part of the Services at any time and for any reason without notice to you and without
liability to you or to any third party. Additionally, any of the Services, or any
feature or portion thereof, may be modified, replaced, suspended, or terminated,
without or notice at any time, in AB GO sole discretion, without liability.
AB POS provides technology services to Merchants to enable dining customers (“Guests”) to place orders for food, beverages, and related products and services provided by the Merchants (“Purchases”) and facilitates payment to the Merchants by the Guests for those purchases with an eligible Payment Method (“Payment Transactions”). AB POS facilitates Purchases with Merchants and processes guests’ payments to Merchants on behalf of each Merchant.
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Opening and Accessing an AB POS Digital Ordering Account
When you use AB POS Ordering services on a Merchant’s website or premises, you can choose whether you would like to register and create an AB GO account (hereinafter “AB GO account” or “account”). If you create an account, you may save your credit or debit card and other personal information to make future orders faster and easier. You may make Purchases without creating an account, but you will not be able to save any personal information or preferences for future Purchases. In order to use the AB GO App, you must download the App to your mobile device and create an AB GO account. If you use the same email address for Digital Ordering, the AB GO App, and/or any Merchant loyalty programs. You will be registered for one account across those services. When you create an account, we will ask you for personal information such as your name, mobile number, and email address stored with AB GO to facilitate your transactions. You may also choose at any time to store Payment Method information, which can be used to pay for future purchases. Information on how we collect, use, and protect the personal information you provide to us can be found in our Privacy Statement. You agree to provide true, accurate, current, and complete information for your account registration, and you agree not to misrepresent your identity or your Payment Method information. It is your responsibility to keep the information you provide us up-to-date and accurate. AB GO may, in its sole discretion, terminate or refuse to approve registrations for AB GO Ordering Accounts with or without cause or notice, other than any notice required by Applicable Law and Rules. At this time, AB GO Services are offered only to users residing in the United States and Canada. -
Confidentiality.
Only you have the right to access and use your account. You are responsible for ensuring that your login information and Payment Method information remain confidential at all times. AB GO will assume that if your login or Payment Method is used to access the Services, the user has the legal authority to use such login or Payment Method. If you become aware of unauthorized use of your login or Payment Method, you agree to notify AB GO immediately by email at info@abposus.com. You remain liable for any activity on your account until AB GO have been notified and has had an opportunity to take appropriate action. -
AB GO is not a Party to Payment Transactions
Purchases, and Payment Transactions you make through our Services are transactions between you and the Merchant only, not with AB GO or any of our affiliates. AB GO is not the seller of any product or service offered by Merchants and is not a party to any Payment Transaction facilitated through the Services. -
Using your Account
Once you have created your account, you will be able to make Purchases from Merchants through the Digital Ordering features and the AB GO App. You can make changes to your account information by logging in on any Online Ordering page or within the App. You will also be able to view your recent Purchase and Payment Transaction history by logging in to your account. You acknowledge and agree that all aspects of Purchases beyond the services that AB GO provides and all engagement and interactions between the Merchant, and you are solely the Merchant’s responsibility.-
Digital Ordering.
Digital Ordering features, including Online Ordering pages and Order & Pay at the Table, allow you to make purchases from a participating Merchant using your own computer or mobile device. You can also manage your AB GO account from any Online Ordering page by logging in. You can see your order history from that Merchant while you are logged in. Some Digital Ordering features may allow you to place multiple orders as part of one purchase. When you open a check, you may be required to provide payment information prior to completing your purchase. By providing your payment information for pre-authorization, you agree to pay the total amount shown when you submit the final portion of your order. If you fail to complete payment for your purchase, the Merchant may be able to charge your payment method after a certain amount of time has passed. -
AB GO App.
The AB GO App is a mobile application that enables you to make Purchases from participating Merchants for pickup and/or delivery. If your workplace offers an AB GO Drop location, you can make Purchases for delivery to your available Drop location via the AB GO App. You can manage your AB GO account by logging in and can review your Purchase history within the App. If you access or download the AB GO App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. To use the AB GO App, you must have a mobile device that is compatible with the App. AB GO does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and incur additional charges from your wireless provider for these services. You agree that you are solely responsible for such charges. AB GO hereby grants you a non-exclusive, non-transferable, revocable license to use the App for one Digital Ordering Account on a mobile device owned or leased by you for your personal use. -
Loyalty and Rewards.
AB GO provides technology services that enable Merchants to offer guests loyalty and/or rewards programs. By enrolling in any loyalty program offered by AB GO or by a Merchant using AB GO technology services, you expressly agree to these program terms. You may enroll in a Merchant’s loyalty program by signing up at the Merchant or while placing an order, subject to the Merchant’s terms and conditions related to its loyalty program. Once you have enrolled, you may earn points when you make Purchases from Merchants, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for a Merchant’s loyalty program. If you choose to enroll in a Merchant’s loyalty program, you agree that the Merchant may contact you using the contact method(s) you provide with program information, offers, and other marketing and transactional communications. Any information shared by AB GO with Merchants is subject to our Privacy Statement. Once a Merchant has received the information you provide from AB GO, the use and governance of that information will be managed by the Merchant, which may have separate privacy practices and policies. AB GO does not authorize Merchants to send marketing messages to your mobile number. Merchants may not send marketing messages to your mobile number unless you expressly authorize the Merchant to send you such messages. Each Merchant is solely responsible for operating and maintaining its own loyalty program, including establishing the number of points that you may earn when you make Purchases, setting redemption thresholds, and determining how and when points may be redeemed for rewards. Merchants can modify their loyalty programs and/or modify the points balance held by any individual Guest. AB GO is not responsible for notifying you in the event that the Merchant changes any element of its loyalty program or ceases to offer a loyalty program. The Merchant is solely responsible for communicating program or points balance changes to you. Points earned through any loyalty program offered by AB GO or a Merchant using AB GO have no cash value and cannot be transferred, redeemed, or sold for cash. Subject to notice requirements under Applicable Law and Rules, AB GO reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue or cancel its own loyalty program and/or the technology services that enable Merchants to offer loyalty programs through AB GO. In the event AB GO terminates any loyalty program offered by AB GO or by a Merchant, AB GO will, in accordance with the Applicable Law and Rules, maintain records of Guest’s loyalty points for one year following the termination of the loyalty program, in the event the loyalty program is reinstated within one year of termination. AB GO reserves the right to adjudicate any discrepancies or disputes regarding rewards allocations or these program terms at its sole discretion, and you agree to abide by any such adjudication.
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Digital Ordering.
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Merchant Responsibilities
You hereby acknowledge and understand that each Merchant is solely responsible for all aspects of its own day-to-day operations, including provision of food and beverages (by any method, including through delivery), service, environment, and overall quality and accuracy.-
Compliance.
You hereby acknowledge and understand that each Merchant is solely responsible and liable for all marketing, selling, pricing, packaging, and provision of any products or services offered to Guests through the Services in compliance with all Applicable Law and Rules. AB GO makes no representation or warranty regarding whether a Merchant holds any applicable permit, license, registration, or another credential for its business; whether representations by a Merchant are true and accurate; or whether a Merchant complies with Applicable Law and Rules, and AB GO is not responsible for the quality of the products or services provided by Merchants. -
Alcoholic Beverages.
Certain Merchants may hold alcoholic beverage licenses and sell alcoholic beverage products. The Merchant holding the alcoholic beverage license must approve your purchase before the purchase is finalized, and only upon acceptance of the order by the Merchant will your Payment Method be charged. The portion of the funds charged to your Payment Method which pertains to your alcoholic beverage product Purchase may be held in an account for the benefit of the alcoholic beverage supplier in compliance with Applicable Law and Rules. AB GO acts as a third-party technology provider to and facilitates payment processing on behalf of the Merchant and has no responsibility or liability to you or any other person for any alcoholic beverage products you may purchase from a Merchant or for any Merchant’s compliance with Applicable Law and Rules, including without limitation, local regulations regarding the sale of alcohol. By making a purchase through the Services for alcoholic beverage products, you represent and warrant that (i) if you are a US consumer attempting to consume alcoholic beverages in the US, you are twenty-one (21) years of age or older and, if you are a Canadian consumer attempting to consume alcoholic beverages in Ontario and British Columbia, you are nineteen (19) years of age or older, (ii) you are not procuring alcoholic beverage products for a person under twenty-one (21) years of age in the US or under nineteen (19) years of age in Ontario or British Columbia and, (iii) you will provide bona fide government-issued photo identification evidencing your age.
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Compliance.
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Closing your Account.
You may close your AB GO account at any time and without cost, but you will remain liable for any outstanding Purchases as well as any fees or other charges incurred. AB GO will not issue refunds for amounts previously incurred through our Services once you close your account. You can close your account by emailing mcs@abposus.com. Please review our Privacy Statement for further information about our practices regarding your personal information. In certain cases, we may not allow you to close your account, including but not limited to evade an investigation; you have open or pending Purchases or Payment Transactions, or if you owe money to AB GO or a Merchant due to your use of the Services
The privacy and security of your personal information are important to us. AB GO Privacy Statement describes what information we collect about you, how we may use personal information, and the security measures we have taken to protect your personal information. We encourage you to read the Privacy Statement carefully, as it forms a binding part of these Terms of Service and contains essential information about your rights.
AB GO makes available the Services and, either directly or through a third-party service provider, processes Payment Transactions for Purchases on behalf of Merchants as the agent of the Merchants through the payment networks. When you make a purchase, you authorize AB GO, as agent for the Merchant, to submit the charge in the amount of the Purchase (including any gratuities, fees, and taxes) to your Payment Method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. AB GO, as the agent of the Merchant, will assist the Merchant in submitting the Payment Transaction to the payment network and processing the Payment Transaction. Upon AB GO receiving the proceeds of the transaction, your payment obligation to the Merchant will be deemed completed (except in the case of a later chargeback or reversal). You must provide a valid Payment Method to pay for your purchases made through any of the Services. You authorize AB GO to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, AB GO may obtain authorization to charge your Payment Method for a Payment Transaction. This authorization may reduce your available fund’s balance by the authorization amount until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or a charge to your Payment Method. You agree that AB POS GO, on behalf of the Merchant, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned. If you choose to store Payment Method information with AB GO via any of the Services for your convenience and use in future transactions, you agree that AB GO may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with AB GO (if you choose to store your Payment Method credentials) from time to time. We may establish limitations concerning the use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions you may make within certain time periods. We may decline to process any Payment Transaction without any notice to you. We may delay the processing of, hold or cancel processing of any Payment Transaction upon the direction of the Merchant or if we believe, in our sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law and Rules, these Terms of Service, or any other policies. Payments made through the Services are also subject to the terms of your agreement with your Payment Method issuer. You are solely responsible for any charges or fees that your Payment Method issuer may impose as a result of using the Services.
By using the Services, you agree that:
You will not use the Services in any way that violates Applicable Law and Rules, these Terms, or any other policies. You may only use the Services to make Purchases of a legitimate, bona fide product or service purchased from a Merchant. The Services may not be used to transfer money or process a Payment Transaction unrelated to a purchase of a product or service from a Merchant. The information that you upload or post in connection with the Services does not infringe on anyone else’s intellectual property or proprietary rights or otherwise conflict with the law or the rights of others. You will not upload, post, or otherwise transmit through the Services any content that contains any viruses, trojan horses, time bombs, or any other harmful programs or elements. You will not provide false information about yourself to us, impersonate any other person, collect information about other users, or otherwise attempt to mislead others about your identity or the truthfulness or accuracy of the data you transmit through the Services. You will not damage, disable, disrupt, overburden, interfere with, or attempt to gain unauthorized access to any portion of our Services, computer systems, servers or networks, or any other person’s use and enjoyment of the Services. AB GO may suspend or terminate your use of the Services at its sole discretion for any actual or suspected violation of these limitations or other applicable policies or rules referenced in these Terms of Service.
We reserve the right to charge fees in the future, and any fees applicable to a Purchase or Payment Transaction you make will be clearly disclosed to you prior to the completion of your Purchase.
Merchants each set their own cancellation and refund policies. Once a Purchase has been made through the GO App, any Digital Ordering feature, or a Point-of-Sale feature, you will need to contact the Merchant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund. For questions or customer service regarding a Purchase or the product or service provided by a Merchant, please contact the Merchant directly. Each Merchant’s contact information for customer service is available on its App listing for the AB GO App. AB GO is not responsible for any Merchant service issues or content errors, or inaccuracies related to a Merchant’s website, menu, or other materials. For technical questions related to using the AB GO App, please email info@abposus.com.
When you use the AB GO App, Digital Ordering, or other AB POS solutions Services, you may be eligible to use codes (“Promotion Codes”) at checkout to receive discounts or other promotional offers on purchases (“Promotions”), subject to any terms and conditions of the specific Promotion Code or Promotion, as displayed on our Websites, on the App, or related print, social media, or digital marketing materials. The promotional value may be issued by POS GO or by a Merchant. Promotion Codes may not be redeemed for cash and are non-refundable and non-transferrable. AB GO reserves the right to modify, suspend, terminate, or alter the terms of any Promotion Code or Promotion at any time. Promotion codes may not be reused in the event of a cancellation and/or refund
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY MERCHANTS THAT ARE A CAUSE OF INJURY OR THAT ARE UNACCEPTABLE OR DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, AB POS AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. AB POS RELIES UPON Merchants TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. AB POS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. AB POS AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES; (III) THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV) WHETHER THE OPERATION OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (V) WHETHER THE QUALITY OF THE SERVICE OR PRODUCTS OR SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AB POS OR A THIRD PARTY THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE THAT NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER AB POS NOR ITS THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. -
Waiver of Liability
You acknowledge and agree that the Merchant is the seller of the food, beverages, and related products and services which you may order and pay for through AB GO App. The Merchant is solely responsible for any and all damages, claims, liabilities, costs, injuries, or illness caused in whole or in part by the Merchant. Merchant is also solely responsible for any unclaimed property liability which may arise from Purchases, including gift cards, paid for but not received by you. -
LIMITATION OF LIABILITY
IN NO EVENT WILL AB GO BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF AB GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB POS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100). -
State Exemptions
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, AB POS LIABILITY OF WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. -
Reliance on Limitations
Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
GO will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
You agree to defend, indemnify and hold harmless AB GO and its directors, officers, employees, affiliates and agents from and against any and all third party claims, liability, damages, expenses and costs actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms or any other policy; (b) your access to, use, or misuse of the Third-Party Content or Services; and (c) your infringement or infringement by any other user of your account, of any intellectual property or other right of any other person. AB GO will provide notice to you of any such claim, suit, or proceeding. AB GO reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting AB GO defense of such matter.
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Ownership
AB GO owns or has the license to all rights, title, interest, copyright, and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof). You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations, or other input about the Services (“Feedback”) at any time. You irrevocably assign all right, title, interest, and other worldwide intellectual property rights in and to the Feedback to AB POS Solutions, Inc, and acknowledge that we are free to use, disclose, reproduce and otherwise exploit any and all feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by AB GO. -
User Content
You retain all rights, title, and interest in and to any text, graphics, videos, images, or other data that you upload to the Services (“User Content”). You grant to AB GO a non-exclusive, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit User Content for the purpose of our providing the Services and in accordance with our Privacy Statement. You are solely responsible for the accuracy, quality, content, and legality of User Content, the means by which User Content is acquired, and any transfer of User Content outside of the Services by you or any third-party authorized by you. You represent, warrant, and covenant that you have all rights necessary to upload the User Content to the Services and to have otherwise such User Content used or shared, as applicable, in relation to the Services. -
Third-Party Content
Through your use of the Services, you may be presented with material provided by third parties, not owned or controlled by us, from our partners, and/or from other users of the Services, including but not limited to links to websites or other materials, software, text, graphics, videos, images, or advertising content (collectively referred to as “Third-Party Content”). All Third-Party Content and Services are protected by the United States and foreign intellectual property laws. Unauthorized use of the Services and/or Third-Party Content may result in violation of copyright, trademark, and other laws. Except as expressly provided herein, you have no rights in or to the Services or Third-Party Content, and you will not use, copy or display the Services or Third-Party Content except as permitted under these Terms. No other use of the Services or Third-Party Content is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Services and Third-Party Content. You may not sell, transfer, assign, license, sublicense, or modify the Third-Party Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Third-Party Content in any way for any public or commercial purpose other than as permitted hereunder. The use or posting of any of the Third-Party Content on any other platform or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Service, your right to access and/or use the Third-Party Content and Services will automatically terminate. -
Monitoring and Removal of Content
We do not review, pre-screen or filter all User Content or Third-Party Content, but we do reserve the right to delete or refuse to accept any User Content or Third-Party Content at our sole discretion. In addition, we have the right (but not the obligation) in our sole discretion to reject or delete any content that we reasonably consider to be in violation of these Terms or Applicable Law and Rules. -
Third-Party Content Precautions
We do not guarantee the accuracy, integrity, or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated,” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk. Under no circumstances will AB POS be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services. -
Trademarks
The trademarks, service marks, and logos of AB POS Solutions (the “AB POS Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of AB POS. Other AB POS product and service names located in the Services may be trademarks or service marks owned by a Merchant or other third parties (the “Third-Party Trademarks,” and, collectively with the AB POS Trademarks, the “Trademarks”). Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the prior written consent of AB POS specific for each such use. The Trademarks may not be used to disparage AB POS or the applicable third-party; AB POS, or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Except as described herein, the use of any Trademarks is prohibited without AB POS prior written consent. All goodwill generated from the use of any AB POS Trademark or Third-Party Trademark will inure to AB POS, or the applicable Third Party’s benefit, as applicable.
These Terms of Service continue to govern your use of the Services unless and until such time as you or we terminate your use of any applicable Service(s). Upon termination, you will lose access to the relevant Services, and we may delete any information stored regarding you or your transactions through the Services. Termination of your use of any of the Services does not relieve you of the obligation to pay for any purchases made as well as related fees and charges already incurred. In the event of termination of your use of the Services by you or us, we will not provide any refunds for amounts previously paid through the Services. AB POS reserves the right, in its sole discretion, to limit, suspend, or terminate your AB GO account and/or access to all or any part of the Services at any time and for any reason without notice to you and without liability to you or to any third party. Additionally, any of the Services, or any feature or portion thereof, may be modified, replaced, suspended, or terminated, without or notice at any time, in AB GO sole discretion, without liability.