Coffee ordering fast & efficient with COFE App

Menu
Menu
Become a Partner

Terms and Conditions for Vendors

This Agreement (comprising the Order Form, the On-Boarding Documents, and these Terms of Service) sets out the terms and conditions upon which you may use the COFE App Service and any application or functionality COFE App makes available through the COFE App Service.

By using the COFE App Service or signing an Order Form, you agree to and accept these Terms of Service, the Terms and Conditions and the Order Form and the On-Boarding Documents.

If you are using the COFE App Service on behalf of a company, organisation or other entity, then you agree to these Terms of Service on behalf of the company, organisation or other entity, and you represent that you have the authority to bind the company, organisation or other entity.

Terms of Service

Terms and Conditions for Vendors

Privacy Policy

Interpretation

  1. In these Terms of Service, the following words and expressions have the following meaning:
    • Account means the Vendor’s account on the COFE App Service;
    • Account Manager means the person at COFE App responsible for managing the Vendor’s account with COFE App;
    • Additional Fee means the fee, as set out in the Order Form or such other amount that the parties may agree in writing from time to time, relating to the provision of any Additional Services;
    • Additional Services means any ancillary services (if any) to the COFE App Service as described in the Order Form, which may include additional training;
    • Agreement means the agreement between the Vendor and COFE App, comprising the Order Form, the On-Boarding Documents, and the Terms of Service for the provision of the COFE App Service and, if applicable, any Additional Services;
    • App means the mobile application through which the COFE App makes its services available to End Users;
    • Authorised User means a person who is authorised by the Vendor to access and use the COFE App Service on the Vendor’s behalf;
    • Businesses Day means a day other than a Saturday, Sunday or public holiday in the Territory when banks are open for business;
    • COFE App Services means an online marketplace for ordering coffee and food products which COFE makes available as a service through the Website and the App (each as defined below) (the “COFE App Service”);
    • Commencement Date means the date from which the Vendor will have access to the COFE App Service (and any applicable Additional Services), as set out in the Order Form;
    • Confidential Information means information which is identified as confidential or proprietary by either party, or by the nature of which is clearly confidential or proprietary;
    • Data Protection Laws means the Law on Protection of Personal Data enacted in the Territory and other related legislation;
    • Delivery means the transfer of physical possession of the Product(s) by a delivery company hired by COFE to the End User; and “Deliver” shall be construed accordingly;
    • Delivery Contribution means the amount of the Delivery charge that the Vendor assume
    • Delivery Fee means the Delivery charge agreed between COFE App and third Parties that shall be the total of adding up the Delivery Contribution plus the charge to be paid by the End User
    • DPA or Data Processing Agreement means the data processing agreement set out in our Website
    • End User means a user of the App who is also a customer of the Vendor;
    • Extended Term means the period for which the Agreement will be renewed after expiry of the Initial Term;
    • Fees means the Service Fee and any Additional Fee, and/or such other amount that is payable pursuant to the Agreement or that the parties may agree in writing from time to time for the provision of the COFE App Service (and any Additional Services);
    • Incentives means the incentives offered by COFE App to Vendor as set out in the Order Form or as otherwise agreed by the parties in writing from time to time;
    • Initial Term means the period set out in the Order Form;
    • New End User means any new customer that, from the execution of this Agreement, uses the App to request the Services.
    • On-Boarding Documents means the documents provided to the Vendor for completion as part of the on-boarding process, including the Rewards Program Terms, Vendor Registration Form, Store Details, and Vendor Menu Form attached to the Order Form as Schedule 4;
    • Order Form means the order form signed (whether electronically or otherwise) by the parties, and which, amongst other things, identifies the Vendor and sets out the Fees;
    • Payment Processing Fees means the payment gateway processing fees and/or any fee per transaction charged when processing online payment including but not limited to, credit card payment, debit card, STC pay, google pay and apple pay.
    • Products means the Vendor’s drink and food products that are made available for purchase by End Users through the App;
    • Purchase Price means the payment received from End Users for the purchase of Products made through the App;
    • Reward means any free Product, discount, or other reward that an End User is eligible to receive from the Vendor in accordance with the applicable Rewards Program;
    • Rewards Program means the loyalty rewards scheme offered by the Vendor to End Users through the App;
    • SDK means the software code supplied by COFE App to be embedded in the Vendor System, and any related documentation relating to the integration of the COFE App Service with the Vendor System;
    • Service Fee means the fee payable by the Vendor to COFE App in consideration for any New End User and under the terms and conditions as set out in the Order Form;
    • Store Hours has the meaning given in Schedule 2 to the Order Form;
    • Term means the Initial Term and any Extended Term(s);
    • Terms of Service means these terms and conditions of service, as amended from time to time;
    • Territory means the territory in which the Vendor can use the COFE App Service, as set out in the Order Form;
    • VAT means value added tax;
    • Vendor or you means the person identified on the Order Form;
    • Vendor Data means the data that the Vendor makes available to COFE App and that is hosted by COFE App in connection with the provision of the COFE App Service;
    • Vendor Information means the content and information that the Vendor provides to COFE App, as set out in Schedule 2 of the Order Form;
    • Vendor Menu Information has the meaning given in Schedule 2 of the Order Form;
    • Vendor System means the Vendor’s point of sale system (or the third party point of sale system used by the Vendor);
    • Virus means anything or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment or network or any other service or device; and
    • Website means the website at https://cofeapp.com/ and/or any other website through which the COFE App Services and any Additional Services are made available by COFE App.

ACCESS TO THE COFE APP SERVICE.

  1. COFE App grants the Vendor a non-exclusive, non-transferable licence for the Term to access, use, and permit Authorised Users to access and use the COFE App Service, in accordance with and subject to the terms and conditions of the Agreement.
  2. Any Payment processing Fee shall be paid by the Vendor.
  3. The Vendor may not sublicence the rights granted in clause 2.1 other than to allow Authorised Users to access and use the COFE App Service.
  4. Where indicated in the Order Form, COFE App will provide the Additional Services and/or Incentives to the Vendor.
  5. The Vendor shall ensure that all Authorised Users are aware of the terms of the Agreement and act in compliance with them.
  6. The Vendor must treat any username and password used to access the COFE App Service or an Account as Confidential Information, and must not disclose such information to any third party (other than to Authorised Users) and must take appropriate safeguards in accordance with good industry practice to prevent unauthorised access to the COFE App Service.
  7. The Vendor shall procure that each Authorised User keeps secure and confidential any username and password provided to, or created by, that Authorised User for their use of the COFE App Service, and that they will not disclose such username and password to any third party.
  8. The Vendor is responsible for maintaining the confidentiality of its login details for its Vendor Account and for any activities that occur under its Vendor Account, including the activities of Authorised Users.
  9. The Vendor must prevent any unauthorised access to, or use of, the COFE App Service, and must promptly notify COFE App in the event of any such unauthorised access or use. If the Vendor has any concerns about the login details for its Account, or thinks any of them may have been misused, the Vendor shall notify COFE App at support@cofeapp.com and the Account Manager. The Vendor must immediately notify COFE App if the Vendor becomes aware that the login details of any Authorised User are lost, stolen, or otherwise compromised.
  10. The Vendor shall indemnify and defend COFE App, and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising out of a claim brought by an End User or any other third party relating to the Vendor’s use of the COFE App Service (except to the extent caused by COFE App’s negligence).
  11. The Vendor accepts, declares and undertakes that it shall be the party to sales agreement to be executed with the End Users as per the consumer legislation, it shall be exclusively liable for the obligations arising from the relevant agreement and consumer legislation, in case the End Users address COFE App due to issues such as delay in delivery, delivery of defected products and COFE App becomes obliged to pay any amount to End Users within this regard, the Vendor shall compensate all the damages of COFE App, COFE App shall be entitled to deduct such damages from payments to be made to the Vendor as per this Agreement.

Rewards Programs

  1. The Vendor must participate in, and shall honour the terms of, any Rewards Programs detailed in the On-Boarding Documentation (or as otherwise agreed by the parties in writing from time to time).
  2. COFE App will auto-enrol End Users to the Vendor’s Rewards Program(s).
  3. The Vendor is solely responsible for and shall bear all costs of any Rewards awarded (or to be awarded) to End Users through the Vendor’s Rewards Program.
  4. On termination or expiry of the Agreement, the Vendor shall continue to award Rewards to End Users who redeem their Rewards for a period of at least six (6) months after the effective date of termination or expiry. In case the Vendor fails to fulfil such liability and therefore COFE App is addressed by third parties, article 2.10 shall be applied.
  5. The Vendor shall indemnify and defend COFE App, and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising out of a claim brought by an End User or any other third party arising from the Vendor’s breach of any provision of clause 3.3 and/or clause 3.4 (except to the extent caused by COFE App’s negligence).
  6. The Vendor will not be charged any additional fees in respect of the redemption of Rewards by End Users.
  7. COFE App may offer from time to time a proprietary reward program that shall be discussed and agreed with the Vendor for its implementation.
  8.  

VENDOR'S OBLIGATIONS

  1. The Vendor:
    • must comply with all applicable laws and regulations with respect to its use of the COFE App Service and its activities under the Agreement, including any applicable food safety laws;
    • must obtain and shall maintain all necessary licenses, consents, and permissions necessary for COFE App to perform its obligations to the Vendor under the terms of the Agreement;
    • must use the COFE App Service in accordance with the terms of the Agreement and shall be responsible for any acts and omissions in connection with the use of the COFE App Service by its Authorised Users;
    • must ensure that the Vendor ends an Authorised User’s right to access and use the COFE App Service, if the Authorised User ceases its employment or other relationship with the Vendor;
    • must notify COFE App in writing if there are any changes to any of the Vendor’s details as set out in the Order Form, any changes to any of the Vendor Information, and/or any changes to any information in the On-Boarding Documents. Any such changes will not apply unless and until agreed to by COFE App in writing;
    • must ensure that its network and systems, including its internet browser and operating systems, comply with any relevant specifications provided by COFE App in writing (including e-mail) from time to time;
    • is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems in order to access and use the COFE App Service; and
    • must not do, or allow any Authorised Users or other persons to do, any of the following:
      • use the COFE App Service to access, store, distribute, or transmit any Virus or material that is unlawful, harmful, threatening, defamatory, violent, obscene, infringing, harassing, or racially or ethnically offensive;
      • use the COFE App Service in a manner that is illegal or causes damage or injury to any person or property;
      • use any automated system, including without limitation “robots”, “spiders”, or “offline readers”, to access the COFE App Service in a manner that sends more request messages to the COFE App Service than a human can reasonably produce in the same period of time by using a conventional online web browser;
      • attempt to interfere with or compromise the integrity or security of the COFE App Service, and COFE App reserves the right, without liability or prejudice to its other rights under the Agreement, to disable its Account or access to all or any part of the COFE App Service by any Authorised User, for any breach of any provision of this clause 4.1(h).
  2. With regards to the Products, the Vendor shall:
    • ensure that all Products are available for purchase through the App by End Users during Store Hours;
    • ensure that the Vendor Menu Information is accurate;
    • ensure that all Products comply with the Vendor Information provided by the Vendor to COFE App and as set out in the App by COFE App;
    • comply with all applicable laws and regulations (including food and health and safety laws and regulations) with regards to the preparation and storage of the Products;
    • be solely responsible for honouring all Rewards Programs and providing all Rewards to End Users;
    • ensure that all Products are ready for pick-up by End Users within fifteen (15) minutes of the Vendor’s acceptance of the End User’s order placed through the App;
    • set any Products to a “sold-out” status on the App if the Product is sold out and is not available for purchase by any End User,
    • ensure that the Products are free of damage and duly packed for Delivery, and the Vendor shall indemnify and defend COFE App, and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising out of a claim brought by an End User or any other third party arising from the Vendor’s breach of any provision of this clause 4.2 (except to the extent caused by COFE App’s negligence).
  3. The Vendor shall make the End User’s order free of charge and the End User will receive a voucher code from the App for the same amount to be used against a future purchase of Products from the Vendor at the Vendor’s cost in the following circumstances:
    • If the Vendor does not accept an order for Products within five (5) minutes of the End Users order placed through the App;
    • if the Vendor does not make any Product ready for pick-up by the End User within fifteen (15) minutes of the Vendor’s acceptance of the End User’s order placed through the App;
    • if the Vendor does not make any Product ready for pick-up for Delivery within fifteen (15) minutes of the Vendor’s acceptance of the End User’s order placed through the App;
    • If there are any material defects on the package of the Product for Delivery;
    • if there are any material errors in the Vendor Information provided to COFE App and uploaded by COFE App to the App, and any End User cancels an order for Products as a result of the error;
    • if the wrong Products is provided to the End User;
    • if an order has been accepted by the Vendor but the Product is not provided to the End User;
    • if there is a foreign object in the Products;
    • if there is a material delay in the Vendor’s acceptance of, of the Vendor fails to accept, any order for Products placed by an End User;
    • if any Products is not available but the Vendor has not set the status of the Product on the App to “sold-out”;
    • if the Vendor or its staff behaviour in an inappropriate manner toward any End User.
  4. If an End User cancels an order (without cause) for any Product which has been accepted by the Vendor, but before the End User collects the Product, the parties shall have equal responsibility for the cost of the cancelled order. In this regard, COFE App shall make half of the payment that is required to pay to Vendor for such delivery.
  5. COFE App may monitor the Vendor’s and Authorised Users’ use of the COFE App Service to ensure the quality of, and improve, the COFE App Service, and verify the Vendor’s compliance with the Agreement.

INTELLECTUAL PROPERTY RIGHTS

  1. COFE App is the owner or licensee of all intellectual property rights in the COFE App Service. These works are protected by copyright and other laws around the world. All such rights are reserved. Except as expressly set out in the Agreement, COFE App does not grant to the Vendor any rights to or licenses in respect of the COFE App Service. The Vendor will not, when using the COFE App Service:
    • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the COFE App Service in any form or media or by any means;
    • attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the COFE App Service;
    • attempt to adapt, modify, duplicate, create derivative works from, record or otherwise reproduce any part of the SDK;
    • access all or any part of the COFE App Service in order to build a product or service which competes with the COFE App Service, or use or attempt to use the COFE App Service to directly compete with COFE App;
    • erase or remove any proprietary or intellectual property notice contained in the COFE App Service or SDK; or
    • make any copies of the SDK other than such copies as are reasonably necessary for the purposes of backup and security (provided that any such copies shall at all times be owned by COFE App).
  2. The Vendor grants COFE App a licence to access, download and use the Vendor Data for the purpose of:
    • providing the COFE App Service to the Vendor, including analysing the Vendor Data in accordance with the functionalities of the COFE App Service;
    • developing, testing, improving and altering the functionality of the COFE App Service; and
    • producing anonymised or anonymised and aggregated statistical reports and research.
  3. The Vendor represents and warrants to COFE App that it has the necessary right, title, interest and consent, in each case as necessary to allow COFE App to use the Vendor Data in accordance with the Agreement. The Vendor shall maintain a backup of the Vendor Data and COFE App shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any Vendor Data.
  4. COFE App may use the Vendor’s name, logo, and related trademarks and other Vendor Information in any of COFE App’s publicity or marketing materials (whether in printed or electronic form) for the purpose of highlighting that the Vendor uses the COFE App Service and alongside any testimonials that the Vendor has agreed to give. The Vendor grants COFE App such rights as are necessary to use it name, logo, related trademarks and testimonials and other Vendor Information for the purpose of this clause.
  5. The Vendor agrees to provide regular feedback to COFE App in relation to its use of the COFE App Service.

DATA PROTECTION

  1. To the extent that COFE App processes any personal data on behalf of the Vendor as a processor or subprocessor as a result of hosting the Vendor Data or otherwise as a result of the Vendor’s use of the COFE App Service, it shall do so in accordance with the DPA.
  2. Where COFE App processes personal data of End Users that have placed orders for Products through the COFE App Service, the parties agree that COFE App will act as a controller and will process that personal data in accordance with its privacy policy.
  3. The Vendor shall also process personal data of End Users placing orders for Products through COFE App in the capacity of data controller. The Vendor accepts, declares and undertakes that it shall perform its liability to obtain explicit consent and inform the data subjects arising from the Law, separately from COFE App and in accordance with the Law; it shall take the necessary measures to ensure security of personal data; in case the End Users exercise their rights under the Law, the Vendor shall inform COFE App and cooperate with COFE App (to the extent that the request concerns COFE App); in case the Vendor fails to fulfil such obligations and therefore, COFE App is addressed by data subjects or authorized institutions and becomes obliged to pay any amount, the Vendor shall compensate any and all damage incurred by COFE App.
  4. Each party shall ensure that it processes personal data in connection with the Agreement in accordance with Data Protection Laws.
  5. For the purpose of this clause 6 the terms “controller”, “processor”, “data subject”, “personal data”, and “process” shall have the same meaning as set out in the Data Protection Laws.
  6.  

CONFIDENTIAL INFORMATION

  1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under the Agreement. A party’s Confidential Information shall not be deemed to include information that:
    • is or becomes publicly known other than through any act or omission of the receiving party;
    • was in the other party’s lawful possession before the disclosure;
    • is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
    • is independently developed by the receiving party, which independent development can be shown by written evidence; or
    • is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body.
  2. Each party shall hold the other party’s Confidential Information in confidence and, unless required by law, shall not make the other party’s Confidential Information available for use for any purpose other than as needed to perform the terms of the Agreement.
  3. Each party shall take all reasonable steps to ensure that the other party’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement.
  4.  

AVAILABILITY AND SUPPORT

  1. COFE App will use commercially reasonable endeavours to make the COFE App Service available with an uptime rate of 98%, except for:
    • planned maintenance for which twenty-four (24) hour’s notice will be given; and
    • unscheduled maintenance during normal business hours or otherwise, for which COFE App will use reasonable endeavours to give the Vendor advance notice.
  2. COFE App will conduct one training session for the Vendor within ten (10) Business Days of the Commencement Date, and will use reasonable endeavours to provide a level of support and advice on the use of the COFE App Service that is appropriate to the nature of any issues requiring support or advice during normal working hours in the Territory.
  3. The Vendor shall provide all support reasonably required by COFE App to perform its obligations under this clause 8, including providing reasonably detailed descriptions of issues and updates on the performance of the COFE App Service.

Suspension and Termination

  1. Without prejudice to any other rights and remedies available to COFE App, COFE App may terminate the Agreement by written notice with immediate effect, or such notice as COFE App may in its sole discretion elect to give, if the Vendor:
    • Infringes COFE App’s intellectual property rights in the COFE App Service;
    • is in breach of clauses 5.1 and/or 7; and/or
    • is in breach of any applicable law.
  2. Without prejudice to any other rights and remedies available to COFE App, COFE App may immediately suspend its Account, and the Vendor’s or any Authorised User’s right to access and use the COFE App Service without giving prior written notice to the Vendor, if:
    • the Vendor is in material or persistent breach of any of the terms of the Agreement;
    • in COFE App’s reasonable determination, the Vendor is suspected of being in material breach of any of the terms of the Agreement, and for the purposes of this clause 9.2, the parties acknowledge that any breach of clauses 5.1 and 7 will be a material breach of the Agreement.
  3. Without prejudice to any other rights and remedies available to it, either party may terminate the Agreement at any time with immediate effect on giving notice in writing to the other party, if that other party:
    • is in material or persistent breach of any of the terms of the Agreement and either that breach is incapable of remedy, or, if capable of remedy, the other party fails to remedy the breach within thirty (30) days after receiving written notice requiring it to remedy the breach; or
    • becomes insolvent, goes into bankruptcy, becomes subject to proceedings such as suspension of bankruptcy, concordatum or dissolution.
  4. On termination of the Agreement for any reason:
    • all rights and licenses granted under the Agreement shall immediately terminate and the Vendor’s right to access and use, and grant Authorised Users the right to access and use the COFE App Service will end;
    • each party shall return to the other party or (at the other party’s request) destroy, and make no further use of, any Confidential Information (and all copies thereof) belonging to the other party (provided that each party may retain documents and materials containing Confidential Information to the extent required by law or any applicable governmental or regulatory authority).
  5. COFE App shall permit the Vendor to download any Vendor Data from the COFE App Service for a period of fourteen (14) days after the expiry or termination of the Agreement. COFE App may thereafter:
    • delete any Vendor Data at any time;
    • retain Vendor Data upon expiry or termination of the Agreement in order to comply with applicable law, or as COFE App may deem necessary to prosecute or defend any legal claim (in which case COFE App may retain Vendor Data for a reasonable period of time pending resolution of such obligation or issue).
  6. In each case, protection of Vendor’s Data will be subject to the Law. Termination of the Agreement for whatever reason shall not affect any rights or remedies of the parties that have accrued up to the date of termination.
  7. Any provision of the Agreement that expressly or by implication is intended to come into force or continue in force on or after expiry or termination of the Agreement shall survive and continue in full force and effect.

LIMITED WARRANTY

  1. COFE App undertakes to make the COFE App Service available as set out in clause 8.1, and the Vendor’s sole and exclusive remedy, and COFE App’s sole liability, with respect to any failure by COFE App to provide the COFE App Service in accordance with clause 8.1 is for COFE App to use commercially reasonable efforts to repair the affected part of the COFE App Service so that it is available in accordance with clause
  2. Other than as set out in clause 10.1, the COFE App Service is provided on an “AS IS” basis and COFE App gives no representations, warranties, conditions or other terms of any kind in respect of the COFE App Service, whether express or implied, including (but not limited to) warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
  3. Except as expressly provided for in the Agreement:
    • all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement; and
    • COFE App will not be responsible for any interruptions, delays, failures, or non-availability affecting the COFE App Service or the performance of the COFE App Service which are caused by third party services (including third party sites), errors or bugs in third party software, hardware, or the Internet on which COFE App relies to provide the COFE App Service, or any changes to the COFE App Service made by or on behalf of the Vendor, and the Vendor acknowledges that COFE App does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.

COFE APP'S LIABILITY

  1. Subject to clause 11.2, COFE App will not be liable to the Vendor, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss arising under or in connection with the Agreement in conditions that fall into any of the following categories: loss (whether direct or indirect) of profit, goodwill, business, business opportunity, revenue, turnover or reputation; loss (whether direct or indirect) of anticipated saving or wasted expenditure; loss of or damage to data; or any special, indirect or consequential damage or loss, costs or expenses.
  2. Nothing in the Agreement excludes or limits COFE App’s liability for death or personal injury caused by COFE App’s negligence, or for fraud or fraudulent misrepresentation.
  3. Subject to clause 11.2., COFE App’s total liability in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, arising under or in connection with the Agreement shall in all circumstances be limited to the Fees payable to the Vendor in respect of the twelve (12) months prior to the event giving rise to the claim.

CHANGES TO THE COFE APP SERVICE

  1. The Vendor recognises that COFE App is always innovating and finding ways to improve the COFE App Service with new features and services. The Vendor therefore agrees that the COFE App Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the COFE App Service.

CHANGES TO THE COFE APP SERVICE

  1. Conflicts
    • In the event of any conflict between the terms of the Terms of Service, the Order Form, and any On-Boarding Documents, the following order of precedence shall apply to the extent of the conflict: (i) the Order Form, (ii) the On-Boarding Documents, and (iii) the Terms of Service.
  2. Written communications
    • Applicable laws may require that some of the information or communications that COFE App sends to the Vendor should be in writing. When using the COFE App Service, the Vendor accepts that communication with COFE App will mainly be electronic. COFE App will contact the Vendor by e-mail or provide the Vendor with information by posting notices on the COFE App Service. For contractual purposes, the Vendor agrees to this electronic means of communication and the Vendor acknowledges that all contracts, notices, information and other communications that COFE App provides to the Vendor electronically comply with any legal requirement that such communications be in writing.
  3. Transfer of any rights and obligations
    • The Vendor may not transfer, assign, charge or otherwise deal in the Agreement, or any of the Vendor’s rights or obligations arising under the Agreement, without COFE App’s prior written consent.
  4. Events outside a party’s control
    • Neither party shall be liable to the other party for any delay or non-performance of any of its obligations under the Agreement arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, Internet failure, act of God, act of a third party unless an approved sub-contractor of COFE App, governmental act, war, fire, flood, explosion, or civil commotion. Notwithstanding the foregoing, nothing in this clause shall excuse the Vendor from any payment obligation under the Agreement. If such events continue for more than 30 days, the Party of which the rights are violated may terminate this Agreement immediately and without paying any compensation.
  5. Variation
    • No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
  6. Waiver
    • No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
  7. Severability
    • If any provision of the Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions of the Agreement shall not be prejudiced.