TERMS & CONDITIONS

Please read the following general Terms and Conditions (“Terms and Conditions”) carefully as the provisions contained herein shall govern your access and use of our online platform hereinafter referred to as “COFE App”[DISTRICT GENERAL TRADING] having its registered office at [FLOOR 48, KIPCO TOWER, KHALID BIN AL WALEED STREET, SHARQ, KUWAIT CITY]. COFE App is an online platform hereinafter referred to as “Application”, this online platform is owned by District General Trading. This Application can be downloaded from all the countries. District General Trading aims to be the leading beverage and coffee application. COFE App is an online coffee marketplace that provides users coffee delivery, pick up and catering services. In addition to ready-to-consume beverages and food, the COFE App also provides coffee related merchandise like coffee machines, capsules, mugs and other accessories. This Application would facilitate orders as well as pick up services between the establishments and the Users. This Application uses iOS (Apple store), Android (Google Play Store) and website as online platforms. By downloading or otherwise accessing the Application you hereby agree to be bound by the following general Terms and Conditions. There may be additional features on the platform and those special features may have its own Terms and Conditions and those additional Terms and Conditions would also apply in context of use of Application along with these Terms and Conditions.

GENERAL

The Application is owned and operated by District  General Trading and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Provider”, “us”, “we” or “our”.

The Terms and Conditions set below apply to:

  1. Any person accessing and downloading the Application (“Visitor“); and
  2. Any person supplying in any way the following information full name, email address, contact number, delivery address, car details.
  3. As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you.
  4. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
  5. The User’s personal information would not be shared with third parties.
  6. Users are collectively referred to as “Users“, “you” or “your” in this Terms and Conditions.

By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.

We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.

Using our Application as well as various services provided by us through our website does not grant you any Intellectual property rights in the website and Services except your personal data or information uploaded on our Application.

ELIGIBILITY FOR REGISTRATION & ACCOUNT SAFETY

In consideration of becoming a User, you represent and warrant that:

  1. you are 18 years of age or older;
  2. you have the capacity to form a binding contract;
  3. you are not a person barred from accessing or using the Software under the governing laws of the Terms and Conditions;
  4. your access or use of the Software does not violate any applicable law or regulation;
  5. You will keep your contact information accurate and up-to-date;

OUR SERVICES

COFE App provides its users the following services:

Pick-up Services: Users will be able to order for pick up through the in-app services. Orders will be placed to COFE App’s Partners hereinafter referred to as “COFE Vendors” providing the User the option to pick up at counter, bring to vehicle or bring to gate.

In case of Pick Up at Counter, the user has to be collect their coffee from the counter of the COFE Vendor store they have selected.

For the order to be delivered to the User’s parked motor vehicle. All vehicles must be parked in a legal parking zone with close proximity to our COFE Vendor’s establishment.

For the order to be delivered to the airport gate, the user must be outside the final check-in gate to collect the order. COFE Vendors cannot deliver the order inside the gate after the security check.

The COFE Vendor’s will have the right to refuse delivery at their own discretion. There is no fee for such orders.

Delivery Services [hereinafter referred to as COFE On-the-Go]: The User has the option to place orders that will be delivered promptly. The time of delivery will be clearly stated in the order statement. The fees for such services is at 1.000 KD per order.

Catering Services [hereinafter referred to as COFE Gathering]: The user may fill out COFE Gathering Enquiry form available on the COFE App. The form allows for the user to choose multiple COFE Vendors. The COFE App will then process the information and provide users quotations from available COFE Vendors within 48 – 72 hours. There is no fee for such orders.

All COFE App services aim to link the Users to COFE Vendors, by advertising food and beverages on behalf of the COFE Vendors. COFE App does not guarantee the quality of the food and/or beverages prepared by the COFE Vendors, neither does it guarantee that the food and/or beverages available match the information provided by the COFE Vendors displayed on the COFE App.

PAYMENT

Various payment options are available for the Users, electronic banking services using K-net’s payment gateway for COFE Pick up or COFE On-the-Go (on Application), Cash (on delivery).

Service fee for delivery orders of 1.000 KD would be applied.

CANCELATION POLICY

Users agree to the below cancellation terms stated herein by placing an order.

Type of Service Cancellation Policy
COFE Pick Up Service:
  • Users will have two minutes from the time of placing the order to cancel their order by calling the COFE App through phone call on the following number +965 9407 6666.
  • Users must ensure they arrive at the pick up location at the time  of pick up mentioned in the statement order, if the user is not present 10 minutes after the pick up time, then the COFE Vendor reserves the right to cancel the order without a refund(specifically for orders that may violate health and safety, or the quality of the food and/or beverage) .
  • Users must ensure to arrive at the pick up time and not before as the order will be made available at time selected.
  • If the User has requested for the COFE Vendor’s staff to deliver the order to their vehicle, then the vehicle must be parked in a legal parking zone at time of pick up, otherwise the order will be moved to the COFE Vendor’s establishment within five minutes from time of pick up and the COFE Vendor will have the right to cancel the order and no refund will be provided.
  • If the User has requested for the COFE Vendor’s staff to deliver the order to their airport gate, then the user must collect their order from the COFE Vendor’s staff outside the final security check gate, as COFE Vendors cannot deliver to the area beyond the gate. Failure to do so will result in moving the order to the COFE Vendor’s establishment within five minutes from time of pick up and the COFE Vendor will have the right to cancel the order and no refund will be provided.
COFE On-the-Go:
  • Users will have five minutes from the time of placing the order to cancel the order.
  • Drivers will wait for five minutes at place of delivery, if the drivers are not attended to within the five minutes then COFE App will have the right to cancel the order and no refund will be provided.
COFE Gatherings:
  • Users will have 48 hours before date of delivery to cancel their order. For any cancellations beyond this time window, the users will not receive any refund.

 

RATING & REVIEW

User can also provide their valuable feedback regarding their experience with the Application. User can rate/review the Application from the App Store and Google Play.

REFUND POLICY

COFE App will provide full or partial refunds to users under the following circumstances:

  1. If the order delivered is different or incorrect from the order placed.
  2. If the order is late by more than 60 minutes from the time of order.

The refund under all circumstances shall be under COFE App’s discretion.

COFE App USERS OBLIGATIONS

It is the User’s obligation to make sure that all Personal Information provided is accurate and correct. The User shall need to confirm before checkout that the items ordered, as well as the pick up/delivery time, address and all other vital information and service fees.

Users shall be responsible for clearly stating any allergies, substitutes or any special requests in the space provided marked “Special Request”, as COFE App shall not be held liable for any allergies or health conditions that may arise from consuming the orders. Partners who are not able to accommodate the special request or substitute shall inform users five minutes within the order time of other options available. If the User’s special request cannot be accommodated the COFE Vendor will have the right to refuse the order and therefore will cancel with a full refund.

All orders are subject to availability. The COFE Vendor will have the right to refuse orders, should the delivery address be out of reach, or should the food and/or beverage not be available for delivery or should the COFE Vendor’s operation team be too busy to take such an order. The COFE Vendor will therefore have the right to cancel an order before or after acceptance, but will immediately notify the user via email and fully refund the user.

FORCE MAJEURE

Parties to the terms shall not be held responsible for a failure to perform or for improper performance caused by a Force Majeure event.

PRIVACY POLICY

All Users are requested to provide personal information to COFE App such as first and last name, email address, phone number, physical addresses needed for delivery as well as GPS location and car details for car service COFE Pick up orders, all referred to collectively as Personal Information. All data is stored in encrypted form. We protect all Personal Information provided to us to help protect  your security and confidentiality.

Other demographic information such as gender, date of birth and other information that does not reveal the User’s identity may be collected. In addition, COFE App may collect information regarding previous orders, customer service inquiries, reviews, technical information and social networking preferences.

COFE App may use cookies, pixel tags, web beacons and other similar technology to facilitate the use of COFE App mobile application. If the User would not like such information to be shared, the User shall need to disable cookies.

The User’s information will only be disclosed under the duty to comply with any legal obligation or the court of law requesting to do so. The User’s demographic information may also be disclosed for marketing or research purposes, the information will be general and will not identify the User, protecting the User’s privacy and confidentiality.

EXCLUSION OF LIABILITY

You expressly understand and agree that the Application, its subsidiaries, affiliates, officers, agents or other partners, authors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

  1. The accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, Terms and Conditions relating the Application;
  2. Unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
  3. Any warranty, terms or conditions as to accuracy, operability, completeness, quality of the Application.

WARRANTIES & DISCLAIMERS

We are using a commercially reasonable level of skill and care to maintain the security of the data provided to us by the User and we hope that our User would enjoy the use of our Application. Though, we maintain highest standards of accuracy in order to maintain our credibility, but we hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.

INDEMNITY

You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:

  1. access and use of the Application or any Application Contents thereof;
  2. violation of the Terms and Conditions;
  3. violation of privacy policy or
  4. violation of any rights of another

OFFSITE LINKS

In order to offer increased value to our Users, COFE App may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

You understand and acknowledge COFE App has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising which may or may not be provided by or through sites.  In this respect, you also acknowledge and agree that COFE App is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

You further acknowledge and agree that COFE App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.

NOTICES

If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, COFE App may communicate with you by providing you with notices regarding updates, changes or additions to the website or Services offered through or in connection with the website.

COPYRIGHT

All copyright in all material contained on, in or available through Application  are owned by COFE App or its proprietary holders, and you are required to abide by all copyright notices contained on the Application. There are certain logos of other brands and some photos which are being used in the Application and these might not be owned by COFE App. Still the User is under obligation to abide by the copyrights of other brands and would be liable for any violation and District General Trading hereby disclaims any liability in this regard.

MODIFICATIONS TO THE APPLICATION, CONTENT AND TERMS & CONDITIONS

COFE App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that COFE App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.

It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.

You agree that COFE App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website, and/or amendments to the Terms and Conditions.  Your continued use of the application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

COOKIES

Our Application does not use any cookies.

AMENDMENTS

Amendments to the Terms and Conditions may be posted by COFE App at any time for all users to access and will be binding on the date of publication.

WAIVER & SEVERABILITY LAW

The failure of COFE App to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

VIOLATIONS & INFRINGEMENTS

Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing COFE App at hello@cofedistrict.com

JURISDICTION AND GOVERNING LAW

The Terms and Conditions will be legally binding. Any dispute or claim arising will be in accordance to the State of Kuwait.

CONTACT

All questions, comments or concerns, regarding our services or terms and conditions can be addressed to hello@cofedistrict.com or call +965 9407 6666. Please note that all emails and calls may be saved for future reference.

COFE APP PRIVACY POLICY

This privacy policy was last modified on 14 August 2020.

  1. OUR APPROACH TO PRIVACY
    1. COFE APP UK LTD and COFE APP International Ltd (“COFE App“, “we“, “our” or “us“) is committed to protecting and respecting your privacy. This Privacy Policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you (“personal information“) and information regarding our use of cookies and similar technologies.
    2. We operate an online marketplace for ordering coffee and food products which COFE App makes available as a service through our mobile application (the “App”) that is available to download on your device (the “COFE App Service“).
    3. This Privacy Policy applies to the COFE App Service (including the App).
    4. Please ensure that you have read this Privacy Policy and understood how we collect, store, use and disclose your personal information before accessing or using the COFE App Service.
  1. WHO IS RESPONSIBLE FOR THE USE OF YOUR PERSONAL INFORMATION

    COFE App is the controller of the personal information we hold about you in connection with your use of the COFE App Service. This means that we determine and are responsible for how your personal information is used.

  1. PERSONAL INFORMATION WE COLLECT FROM YOU WHEN YOU USE THE SERVICE, AND HOW WE USE IT
    1. We collect personal information that you voluntarily submit directly to us when you use the COFE App Service. This can include information you provide to us when you set up an account on the COFE App Service, fill in a form on the COFE App Service, purchase a product, correspond with us by phone, e-mail or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of the COFE App Service.
    2. This information may include, for example, your contact and payment details. If you choose not to provide such personal information, we may not be able to provide those parts of the COFE App Service to you or respond to your other requests.
    3. The table at Annex 1 [link to Annex 1 below] sets out in detail the categories of personal information we collect about you and how we use that information when you use the COFE App Service, as well as the legal basis which we rely on to process the personal information and recipients of that personal information.
  2. INFORMATION WE COLLECT ABOUT YOU AUTOMATICALLY
    1. We also automatically collect personal information indirectly about how you access and use the COFE App Service, and information about the device you use to access the COFE App Service when you visit our COFE App Service, read our emails, or otherwise engage with us. We use this information to provide you the features and functionality of the COFE App Service, to monitor and improve the COFE App Service and to develop new products and services. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar tracking technologies.
    2. The table at Annex 2 [link to Annex 2 below] sets out in detail the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information and recipients of that personal information. For more information on cookies and other tracking technologies we use, please see Section 10 below.
    3. We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalised experience regardless of how you interact with us.
    4. We may anonymise and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the COFE App Service and developing new products and features. We may also share such anonymised and aggregated information with others.
  1. HOW LONG WILL WE STORE YOUR PERSONAL INFORMATION 
    1. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements.
    2. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and the applicable legal requirements.
  1. RECIPIENTS OF PERSONAL INFORMATION

    We may share your personal information with the following (as required in accordance with the purposes set out in Annexes 1 and 2):

    1. Third party food and beverage provider partners: we may share your personal information with third party partners such as food and beverage providers in order to facilitate the orders your place with the COFE App Service.
    2. Service providers and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services.
    3. Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.
    4. Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms of Service; and/or (iii) exercise or protect the rights, property, or personal safety of COFE App, its users or others.
  1. MARKETING AND ADVERTISING
    1. From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services.
    2. Most marketing messages we send will be via the COFE App Service in the form of push notifications. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you.  You can unsubscribe from receiving promotional email communications from us by switching marketing push notifications off via the profile settings page on the COFE App Service (you can switch these back on at any time via the same process).  We make every effort to promptly process all unsubscribe requests.  You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the COFE App Service, technical and security notices).
    3. We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by updating your preferences via your account profile settings on the COFE App Service
  1. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
    1. Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.
    2. International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are accessing our COFE App Service from the European Economic Area (“EEA“) (and the UK), your personal information will be processed outside of the EEA (and the UK) including in third party cloud providers based in the United States and Middle East.

In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission; or (iii) such transfer shall be to a third party that is a member of a compliance scheme recognised by the European Commission as offering adequate protection for the rights and freedoms of data subjects, such as the EU-U.S. Privacy Shield. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Policy

 

  1. RIGHTS FOR EEA USERS
    1. If you are accessing our COFE App Service from the EEA, in accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
      1. Right of access. The right to obtain access to your personal information along with certain related information.
      2. Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
      3. Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
      4. Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
      5. Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
      6. Right to withdraw consent. If you have provided consent for the processing of your personal information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal
    2. You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason.
    3. If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.
    4. You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here.
  1. COOKIES AND SIMILAR TECHNOLOGIES USED ON OUR APP
    1. Our App uses cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together “cookies“) to distinguish you from other users of our App. This helps us to provide you with a good experience when you browse our App and also allows us to monitor and analyse how you use and interact with our App so that we can continue to improve our App. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements.
    2. Cookies are pieces of code that allow for personalisation of our App experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.
    3. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time. 
    4. [We use the following types of cookies:
      1. Strictly necessary cookies. These are cookies that are required for the operation of our COFE App Service. They include, for example, cookies that enable you to log into secure areas of our COFE App Service, use a shopping cart or make use of e-billing services.
      2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our COFE App Service when they are using it. This helps us to improve the way our COFE App Service works, for example, by ensuring that users are finding what they are looking for easily.
      3. Functionality cookies. These are used to recognise you when you return to our COFE App Service. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting cookies. These cookies record your visit to our COFE App Service, the pages you have visited and the links you have followed. We will use this information to make our COFE App Service and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose.
      5. Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our COFE App Service. These third parties are responsible for setting out their own cookie and privacy policies.]
    5. Please see Annex 3 for more information about the cookies we use on the COFE App Service.
    6. The cookies we use are designed to help you get the most from the COFE App Service but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our COFE App Service. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
      1. Cookie settings in Internet Explorer
      2. Cookie settings in Firefox
      3. Cookie settings in Chrome
      4. Cookies settings in Safari web and iOS.
    7. For mobile users, you have controls in your device Operating System that enables you to choose whether to allow cookies or share your advertising ID with COFE App or our advertising service providers. To block the IDFA on your iOS mobile device, you should follow this path: Settings > General > About > Advertising and then turn on ‘Limit Ad Tracking’. To block Android ID on your Android device, you should follow this path: Google Settings > Ads and then turn on ‘Opt out of interest-based ads’.
    8. If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative’s online sources at www.networkadvertising.org. We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see Section 12 below.
    9. Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5.

 

  1. TRACKING TECHNOLOGIES USED IN OUR EMAILS
    1. Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.
    2. Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display “remote images”, “remote content” or “images” by default.
    3. Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.
  1. INTEREST BASED ADVERTISING
    1. We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history and use of the COFE App Service. We may share, or we may permit third party online advertising networks, social media companies and other third party services to collect information about your use of the COFE App Service over time so that they may play or display ads on the COFE App Service, on other websites, apps or services you may use (including Facebook), and on other devices you may use.
    2. Typically, but not always, this information is collected through cookies and similar tracking technologies. These third parties may collect, or we may share, mobile identifiers, such as the ID for Advertising for iOS (IDFA), Google Advertising ID, as well as your device’s IP address, information about other applications on your device, your location, information about your use of the COFE App Service, email address or hashed data and information about which advertisements you have seen or clicked on.
    3. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
    4. We may also use certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the COFE App Service.  You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.   
    5. We and our third-party partners may also link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to the COFE App Service. We may also work with third party partners who employ tracking technologies, or the application of statistical modelling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as user ID) with third party advertising partners to help recognise you across devices. We and our partners can use this cross-device linkage to serve interest-based advertising and other personalised content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns.
    6. You may be able to limit the use of these identifiers for interest-based advertising on a particular device through the settings on your device by selecting “limit ad tracking” (iOS) or “opt out of interest based ads” (Android). You may also be able to opt-out of some, but not all, interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.     
    7. To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit:
      1. the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices;
      2. the DAA’s resources at www.aboutads.info/choices; and/or
      3. Your Online Choices at www.youronlinechoices.eu
    8. Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s or Your Online Choices’ online resources will only opt you out from receiving interest-based ads on that specific browser or device, but you may still receive interest-based ads on your other devices. You would need to perform the opt-out on each browser or device you use.
    9. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or devices, or use another operating system, you will need to opt-out again.
    10. Please note that opting out of interest-based advertising does not mean you will no longer see advertising on your device – it just means that adverts may no longer be tailored to your interests.
  1. CONTROL OVER YOUR INFORMATION

    You may update your profile information, such as your contact information, and may change some of your data sharing preferences on your Account page/by emailing us at hello@cofeapp.com.

 

  1. LINKS TO THIRD PARTY SITES

    The COFE App Service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

  2. OUR POLICY TOWARDS CHILDREN

    The COFE App Service is not directed at persons under 18 and we do not knowingly collect or solicit personal information from children. In the event that we learn that we have inadvertently collected personal information from a child, we will delete that information as quickly as possible.  If you believe that we might have any information from a child, please contact us at hello@cofeapp.com.

  1. CHANGES TO THIS POLICY

    We may update this Privacy Policy from time to time and so you should review this page periodically. When we change this Privacy Policy in a material way, we will update the “last modified” date at the end of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

  1. NOTICE TO YOU

    If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on the COFE App Service. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this privacy policy

  2. CONTACTING US
    Please contact hello@cofeapp.com if you have any questions, comments and requests regarding this Privacy Policy.

 

ANNEX 1 – PERSONAL INFORMATION YOU PROVIDE TO US

Category of personal information

How we may use it

Legal basis for the processing

Recipients of personal information

Contact information such as your first name, last name, address (home and billing address), phone number and e-mail address.

We may use this information to process any orders that you make by using the COFE App Service, including for the purposes of invoice creation and in order to e-mail e-receipts to you.

The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you.

We may share this information with:

  • Mixpanel;
  • Google Analytics / Firebase;
  • Swifty Beaver;
  • [Adjust].
  • [INSERT ANY ADDITIONAL RECIPIENTS].

We also use this information to set up and authenticate your account.

The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you.

We use this information to tailor how the COFE App Service is displayed to you (such as the language in which it is provided to you).

The processing is necessary for our legitimate interest, namely tailoring the COFE App Service so that it is more relevant to our users.

We may use this information to deal with enquiries and complaints made by or about you relating to the COFE App Service.

The processing is necessary for our legitimate interests, namely administering the COFE App Service, and for communicating with you effectively to respond to your queries or complaints.

We may use this information to communicate with you, including sending service-related communications.

The processing is necessary for the performance of a contract with you.

We may use this information to send you unsolicited marketing communications in accordance with your preferences.

We will only use your personal information in this way to the extent you have given us consent to do so.

We may use this information when you choose to participate in promotions or contests that we run. We ask those who enter into promotions or contests to provide this information so that we can contact you in relation to the promotion or contest, for example, we will notify you if you win a prize.

The processing is necessary for our legitimate interests, namely administering the promotion or contest, and for communicating with you effectively to respond to your queries or complaints.

We may use this information to contact you provide us with feedback, for example, when you participate in online surveys. We use such information in order to administer and improve the COFE App Service.

We will only use your personal information in this way to the extent you have given us consent to do so.

Chat and comments. When you contact us directly, e.g. by email, phone, or when you participate in a chat on the COFE App Service, we will record your comments and opinions.

We may use this information to operate, maintain and provide to you the social features and functionalities of the COFE App Service.

The processing is necessary for the performance of a contract with you.

We share this information with [***] and [***], for the provision of customer support, for example, in order to facilitate a live chat or phone call session.

We may use this information to address your questions, issues and concerns.

The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints and concerns.

We may use this information to develop new products and features available through the or otherwise improve the COFE App Service.

The processing is necessary for our legitimate interests, namely developing and improving the COFE App Service.

Payment and transaction information, such as your credit card, payment authentication code, billing address, and other information such as date and time of your transaction.

We may use this information to process the payments you make or receive through the COFE App Service.

The processing is necessary for the performance of a contract.

We may share this information with [Oracle] and [MyFatoorah], in order to identify you so that you can make and receive payments through the COFE App Service.

Location information, such as your GPS coordinates when you place an order through the COFE App Service.

We may use this information for operational purposes. Our COFE App Service works on showing you beverage and food vendors according to a specific radius and GPS coordinates are required in order to ensure that the list we show you is accurate.

The processing is necessary for our legitimate interest, namely tailoring the COFE App Service so that it shows you beverage and food vendors that are in / near your particular location.

We may share this information with:

  • Mixpanel;
  • [***].

Information received from third parties, such as social networks. If you interact with the COFE App Service through a social network, we may receive information from the social network such as your name, profile information, user ID, and any other information you permit the social network to share with third parties. The data we receive is dependent on your privacy settings with the social network.

We may use this information to authenticate you and allow you to access the COFE App Service.

The processing is necessary for the performance of a contract with you.

We may share your name and contact details with [Adjust] for the purposes of [featuring user generated content].

We may use this information to help match you with other users in accordance with the functionality of the COFE App Service.

The processing is necessary for the performance of a contract with you.

We may use this information to tailor the way this is displayed to you (such as the language in which it is presented to you).

The processing is necessary for our legitimate interests, namely tailoring the COFE App Service so that it is more relevant to our users.

Your preferences, such as preferences set for notifications, marketing communications, how the COFE App Service is displayed and the active functionalities on the COFE App Service.

We use this information to provide notifications, send news, alerts and marketing communications and provide the COFE App Service in accordance with your choices.

The processing is necessary for our legitimate interest, namely ensuring the user receives the correct marketing and other communications, and that this is displayed in accordance with the user’s preferences.

We may share this information with [Adjust] [Google Analytics / Firebase] and [Mixpanel], to ensure that [we comply with your preferences with respect to the types of emails and messages we send to you].

We use this information to ensure that we comply with our legal obligation to send only those marketing communications to which you have consented.

The processing is necessary for compliance with a legal obligation to which we are subject.

All personal information set out above.

We may use all the personal information we collect to operate, maintain and provide to you the features and functionality of the COFE App Service, to communicate with you, to monitor and improve the COFE App Service and business, and to help us develop new products and services.

The processing is necessary for our legitimate interests, namely to administer and improve the COFE App Service.

As described above and in Section 6.

 

ANNEX 2 – PERSONAL INFORMATION COLLECTED AUTOMATICALLY

Category of personal information

How we may use it

Legal basis for the processing

Recipients of Personal Data

Your IP address.

We may use this information to detect fraud or suspicious activity in relation to your account.

The processing is necessary for our legitimate interests, namely to protect our business and your account from fraud and other illegal activities.

We may share this information with:

[Mixpanel], [Google Analytics / Firebase] and [Swifty Beaver] in order to [protect our business and your account from fraud and other illegal activities, to provide us with data analytics and error correction services].

We may use this information to localise features of the COFE App Service.

The processing is necessary for our legitimate interest, namely localising features of the COFE App Service and tailoring the COFE App Service so that it is more relevant to our users.

For our internal analytical purposes.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service, to improve the COFE App Service generally, to localise features of the COFE App Service and tailor the COFE App Service so that it is more relevant.

Where you have given us your consent to send you marketing communications, we will use this information during the e-mail marketing process.

The processing is necessary for our legitimate interests, namely to administer the marketing communication.

Information about how you access and use the COFE App Service. For example, how frequently you access the COFE App Service, the time you access the COFE App Service and how long you use it for, the approximate location that you access the COFE App Service from, the site from which you came and the site to which you are going when you leave our COFE App Service, the COFE App Service pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the COFE App Service from multiple devices, and other actions you take on the COFE App Service.

We may use information about how you use and connect to the COFE App Service to present the COFE App Service to you on your device.

The processing is necessary for our legitimate interests, namely to tailor the COFE App Service to the user.

We may use this information to determine products and services that may be of interest to you for marketing purposes.

The processing is necessary for our legitimate interests, namely to inform our direct marketing.

We may use this information to monitor and improve the COFE App Service and business, resolve issues and to inform the development of new products and services.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service and to improve the COFE App Service generally.

Log files and information about your device. We also collect information about the computer, tablet, smartphone or other electronic device you use to connect to the COFE App Service. This information can include details about the type of device, Internet service provider and type of Internet access, platform type, device type, date and time stamp, a unique ID (that allows us to uniquely identify your browser, mobile device, or your account), operating systems (including operating system versions), browsers and applications connected to the COFE App Service through the device, your mobile network, your IP address and your device’s telephone number (if it has one). When you access our COFE App Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

We may use information about how you use and connect to the COFE App Service to present the COFE App Service to you on your device.

The processing is necessary for our legitimate interests, namely to tailor the COFE App Service to the user.

We may use this information to determine products and services that may be of interest to you for marketing purposes.

The processing is necessary for our legitimate interests, namely to inform our direct marketing.

We may use this information to monitor and improve the COFE App Service and business, resolve issues (such as bugs), to identify and fix any device / version / Internet type specific issues with the COFE App Service, and to inform the development of new products and services.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service and to improve the COFE App Service generally.

 

 

ANNEX 3 – COOKIES

Third party

Product

Persistent / session

Type of cookie

Purposes / Additional information

[Google]

[Google, Google Ads & DoubleClick]

[Persistent]

[Third party – analytics / advertising / marketing.]

[For analytics, marketing and advertising purposes. Note you may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices. .  You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.]

COFE APP WEBSITE PRIVACY POLICY

This privacy policy was last modified on [***].

  1. OUR APPROACH TO PRIVACY
    1. COFE APP UK LTD and COFE APP International Ltd (“COFE App“, “we“, “our” or “us“) is committed to protecting and respecting your privacy. This Privacy Policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you (“personal information“) and information regarding our use of cookies and similar technologies.
    2. We operate an online marketplace for ordering coffee and food products (the “COFE App Service“) which COFE App makes available as a service to vendors through our website at www.cofeapp.com and to end users through our mobile application that is available to download on your device (the “App”).
    3. This Privacy Policy applies to personal information that we collect as a controller through the COFE App Service (including the Website), other than personal information we collect through the App (see [insert URL to App Privacy Policy]).
    4. Please ensure that you have read this Privacy Policy and understood how we collect, store, use and disclose your personal information before accessing or using the COFE App Service.
  2. WHO IS RESPONSIBLE FOR THE USE OF YOUR PERSONAL INFORMATION

COFE App is the controller of the personal information we hold about you in connection with your use of the COFE App Service. This means that we determine and are responsible for how your personal information is used.

  1. PERSONAL information we collect FROM you when you use the SERVICE, and how we use it
    1. We collect personal information that you voluntarily submit directly to us when you use the COFE App Service. This can include information you provide to us when you set up an account on the COFE App Service, fill in a form on the COFE App Service, correspond with us by phone, e-mail or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of the COFE App Service.
    2. This information may include, for example, your contact details. If you choose not to provide such personal information, we may not be able to provide those parts of the COFE App Service to you or respond to your other requests.
    3. The table at Annex 1 [link to Annex 1 below] sets out in detail the categories of personal information we collect about you and how we use that information when you use the COFE App Service, as well as the legal basis which we rely on to process the personal information and recipients of that personal information.
  2. Information we collect about you automatically
    1. We also automatically collect personal information indirectly about how you access and use the COFE App Service, and information about the device you use to access the COFE App Service when you visit our COFE App Service, read our emails, or otherwise engage with us. We use this information to provide you the features and functionality of the COFE App Service, to monitor and improve the COFE App Service and to develop new products and services. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar tracking technologies.
    2. The table at Annex 2 [link to Annex 2 below] sets out in detail the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information and recipients of that personal information. For more information on cookies and other tracking technologies we use, please see Section 10 below.
    3. We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalised experience regardless of how you interact with us.
    4. We may anonymise and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the COFE App Service and developing new products and features. We may also share such anonymised and aggregated information with others.
  3. How long will we store your personal information
    1. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements.
    2. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and the applicable legal requirements.
  4. RECIPIENTS OF PERSONAL INFORMATION

We may share your personal information with the following (as required in accordance with the purposes set out in Annexes 1 and 2):

      1. Service providers and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services.
      2. Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.
      3. Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms of Service; and/or (iii) exercise or protect the rights, property, or personal safety of COFE App, its users or others.
  1. marketing and advertising
    1. From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services.
    2. Most marketing messages we send will be via the COFE App Service in the form of push notifications. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you.  You can unsubscribe from receiving promotional email communications from us by switching marketing push notifications off via the profile settings page on the COFE App Service (you can switch these back on at any time via the same process).  We make every effort to promptly process all unsubscribe requests.  You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the COFE App Service, technical and security notices).
    3. We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by updating your preferences via your account profile settings on the COFE App Service.
  2. storing and transferring your personal information
    1. Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.
    2. International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are accessing our COFE App Service from the European Economic Area (“EEA“) (and the UK), your personal information will be processed outside of the EEA (and the UK) including in third party cloud providers based in the United States and Middle East.

In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission; or (iii) such transfer shall be to a third party that is a member of a compliance scheme recognised by the European Commission as offering adequate protection for the rights and freedoms of data subjects, such as the EU-U.S. Privacy Shield. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Policy.

  1. rights FOR EEA USERS
    1. If you are accessing our COFE App Service from the EEA, in accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
      1. Right of access. The right to obtain access to your personal information along with certain related information.
      2. Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
      3. Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
      4. Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
      5. Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
      6. Right to withdraw consent. If you have provided consent for the processing of your personal information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
    1. You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason.
    2. If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.
    3. You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here
  1. Cookies and Similar Technologies used on OUR WEBSITE
    1. Our Website uses cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together “cookies“) to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to monitor and analyse how you use and interact with our Website so that we can continue to improve our Website. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements.
    2. Cookies are pieces of code that allow for personalisation of our Website experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.
    3. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time. 
    4. [We use the following types of cookies:
      1. Strictly necessary cookies. These are cookies that are required for the operation of our COFE App Service. They include, for example, cookies that enable you to log into secure areas of our COFE App Service, use a shopping cart or make use of e-billing services.
      2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our COFE App Service when they are using it. This helps us to improve the way our COFE App Service works, for example, by ensuring that users are finding what they are looking for easily.
      3. Functionality cookies. These are used to recognise you when you return to our COFE App Service. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting cookies. These cookies record your visit to our COFE App Service, the pages you have visited and the links you have followed. We will use this information to make our COFE App Service and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose.
      5. Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our COFE App Service. These third parties are responsible for setting out their own cookie and privacy policies.]
    5. Please see Annex 3 for more information about the cookies we use on the COFE App Service.
    6. The cookies we use are designed to help you get the most from the COFE App Service but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our COFE App Service. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
      1. Cookie settings in Internet Explorer
      2. Cookie settings in Firefox
      3. Cookie settings in Chrome
      4. Cookies settings in Safari web and iOS.
    7. For mobile users, you have controls in your device Operating System that enables you to choose whether to allow cookies or share your advertising ID with COFE App or our advertising service providers. To block the IDFA on your iOS mobile device, you should follow this path: Settings > General > About > Advertising and then turn on ‘Limit Ad Tracking’. To block Android ID on your Android device, you should follow this path: Google Settings > Ads and then turn on ‘Opt out of interest-based ads’.
    8. If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative’s online sources at www.networkadvertising.org. We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see Section 12 below.
    9. Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5.
  2. Tracking Technologies used in our emails
    1. Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.
    2. Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display “remote images”, “remote content” or “images” by default.
    3. Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.
  3. Interest Based Advertising
    1. We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history and use of the COFE App Service. We may share, or we may permit third party online advertising networks, social media companies and other third party services to collect information about your use of the COFE App Service over time so that they may play or display ads on the COFE App Service, on other websites, apps or services you may use (including Facebook), and on other devices you may use.
    2. Typically, but not always, this information is collected through cookies and similar tracking technologies. These third parties may collect, or we may share, mobile identifiers, such as the ID for Advertising for iOS (IDFA), Google Advertising ID, as well as your device’s IP address, information about other applications on your device, your location, information about your use of the COFE App Service, email address or hashed data and information about which advertisements you have seen or clicked on.
    3. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
    4. We may also use certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the COFE App Service.  You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.   
    5. We and our third-party partners may also link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to the COFE App Service. We may also work with third party partners who employ tracking technologies, or the application of statistical modelling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as user ID) with third party advertising partners to help recognise you across devices. We and our partners can use this cross-device linkage to serve interest-based advertising and other personalised content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns.
    6. You may be able to limit the use of these identifiers for interest-based advertising on a particular device through the settings on your device by selecting “limit ad tracking” (iOS) or “opt out of interest-based ads” (Android). You may also be able to opt-out of some, but not all, interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.     
    7. To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit:
      1. the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices;
      2. the DAA’s resources at www.aboutads.info/choices; and/or
      3. Your Online Choices at www.youronlinechoices.eu
    8. Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s or Your Online Choices’ online resources will only opt you out from receiving interest-based ads on that specific browser or device, but you may still receive interest-based ads on your other devices. You would need to perform the opt-out on each browser or device you use.
    9. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or devices, or use another operating system, you will need to opt-out again.
    10. Please note that opting out of interest-based advertising does not mean you will no longer see advertising on your device – it just means that adverts may no longer be tailored to your interests.
  4. CONTROL OVER YOUR INFORMATION

You may update your profile information, such as your contact information, and may change some of your data sharing preferences on your Account page/by emailing us at hello@cofeapp.com.

  1. LINKS TO THIRD PARTY SITES

The COFE App Service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

  1. OUR POLICY TOWARDS CHILDREN

The COFE App Service is not directed at persons under 18 and we do not knowingly collect or solicit personal information from children. In the event that we learn that we have inadvertently collected personal information from a child, we will delete that information as quickly as possible.  If you believe that we might have any information from a child, please contact us at hello@cofeapp.com.

  1. CHANGES TO THIS POLICY

We may update this Privacy Policy from time to time and so you should review this page periodically. When we change this Privacy Policy in a material way, we will update the “last modified” date at the end of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

  1. NOTICE TO YOU

If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on the COFE App Service. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this privacy policy.

  1. CONTACTING US

Please contact hello@cofeapp.com if you have any questions, comments and requests regarding this Privacy Policy.

ANNEX 1 – PERSONAL INFORMATION YOU PROVIDE TO US

Category of personal information

How we may use it

Legal basis for the processing

Recipients of personal information

Contact information such as your first name, last name, address (billing address), phone number and e-mail address.

We may use this information to process any orders that are made through the COFE App Service, including for the purposes of invoice creation and in order to e-mail e-receipts to you.

The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you.

We may share this information with:

  • Mixpanel;
  • Google Analytics / Firebase;
  • Swifty Beaver;
  • [Adjust].
  • [INSERT ANY ADDITIONAL RECIPIENTS].

We also use this information to set up and authenticate your account.

The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you.

We use this information to tailor how the COFE App Service is displayed to you (such as the language in which it is provided to you).

The processing is necessary for our legitimate interest, namely tailoring the COFE App Service so that it is more relevant to our users.

We may use this information to deal with enquiries and complaints made by or about you relating to the COFE App Service.

The processing is necessary for our legitimate interests, namely administering the COFE App Service, and for communicating with you effectively to respond to your queries or complaints.

We may use this information to communicate with you, including sending service-related communications.

The processing is necessary for the performance of a contract with you.

We may use this information to send you unsolicited marketing communications in accordance with your preferences.

We will only use your personal information in this way to the extent you have given us consent to do so.

We may use this information when you choose to participate in promotions or contests that we run. We ask those who enter into promotions or contests to provide this information so that we can contact you in relation to the promotion or contest, for example, we will notify you if you win a prize.

The processing is necessary for our legitimate interests, namely administering the promotion or contest, and for communicating with you effectively to respond to your queries or complaints.

We may use this information to contact you provide us with feedback, for example, when you participate in online surveys. We use such information in order to administer and improve the COFE App Service.

We will only use your personal information in this way to the extent you have given us consent to do so.

Chat and comments. When you contact us directly, e.g. by email, phone, or when you participate in a chat on the COFE App Service, we will record your comments and opinions.

We may use this information to operate, maintain and provide to you the social features and functionalities of the COFE App Service.

The processing is necessary for the performance of a contract with you.

We share this information with [***] and [***], for the provision of customer support, for example, in order to facilitate a live chat or phone call session.

We may use this information to address your questions, issues and concerns.

The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints and concerns.

We may use this information to develop new products and features available through the or otherwise improve the COFE App Service.

The processing is necessary for our legitimate interests, namely developing and improving the COFE App Service.

Payment and transaction information, such as your credit card, payment authentication code, billing address, and other information such as date and time of your transaction.

We may use this information to process the payments you make or receive through the COFE App Service.

The processing is necessary for the performance of a contract.

We may share this information with [Oracle] and [MyFatoorah], in order to identify you so that you can make and receive payments through the COFE App Service.

Location information, such as your GPS coordinates when you place an order through the COFE App Service.

We may use this information for operational purposes. Our COFE App Service works on showing vendors’ locations within a specific radius to customers, and GPS coordinates are required in order to ensure that the list we show to customers is accurate.

The processing is necessary for our legitimate interest, namely tailoring the COFE App Service so that it shows customers beverage and food vendors that are in / near their particular location.

We may share this information with:

  • Mixpanel;
  • [***].

Information received from third parties, such as social networks. If you interact with the COFE App Service through a social network, we may receive information from the social network such as your name, profile information, user ID, and any other information you permit the social network to share with third parties. The data we receive is dependent on your privacy settings with the social network.

We may use this information to authenticate you and allow you to access the COFE App Service.

The processing is necessary for the performance of a contract with you.

We may share your name and contact details with [Adjust] for the purposes of [featuring user generated content].

We may use this information to help match you with other users in accordance with the functionality of the COFE App Service.

The processing is necessary for the performance of a contract with you.

We may use this information to tailor the way this is displayed to you (such as the language in which it is presented to you).

The processing is necessary for our legitimate interests, namely tailoring the COFE App Service so that it is more relevant to our users.

Your preferences, such as preferences set for notifications, marketing communications, how the COFE App Service is displayed and the active functionalities on the COFE App Service.

We use this information to provide notifications, send news, alerts and marketing communications and provide the COFE App Service in accordance with your choices.

The processing is necessary for our legitimate interest, namely ensuring the user receives the correct marketing and other communications, and that this is displayed in accordance with the user’s preferences.

We may share this information with [Adjust] [Google Analytics / Firebase] and [Mixpanel], to ensure that [we comply with your preferences with respect to the types of emails and messages we send to you].

We use this information to ensure that we comply with our legal obligation to send only those marketing communications to which you have consented.

The processing is necessary for compliance with a legal obligation to which we are subject.

All personal information set out above.

We may use all the personal information we collect to operate, maintain and provide to you the features and functionality of the COFE App Service, to communicate with you, to monitor and improve the COFE App Service and business, and to help us develop new products and services.

The processing is necessary for our legitimate interests, namely to administer and improve the COFE App Service.

As described above and in Section 6.

ANNEX 2 – PERSONAL INFORMATION COLLECTED AUTOMATICALLY

Category of personal information

How we may use it

Legal basis for the processing

Recipients of Personal Data

Your IP address.

We may use this information to detect fraud or suspicious activity in relation to your account.

The processing is necessary for our legitimate interests, namely to protect our business and your account from fraud and other illegal activities.

We may share this information with:

[Mixpanel], [Google Analytics / Firebase] and [Swifty Beaver] in order to [protect our business and your account from fraud and other illegal activities, to provide us with data analytics and error correction services].

We may use this information to localise features of the COFE App Service.

The processing is necessary for our legitimate interest, namely localising features of the COFE App Service and tailoring the COFE App Service so that it is more relevant to our users.

For our internal analytical purposes.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service, to improve the COFE App Service generally, to localise features of the COFE App Service and tailor the COFE App Service so that it is more relevant.

Where you have given us your consent to send you marketing communications, we will use this information during the e-mail marketing process.

The processing is necessary for our legitimate interests, namely to administer the marketing communication.

Information about how you access and use the COFE App Service. For example, how frequently you access the COFE App Service, the time you access the COFE App Service and how long you use it for, the approximate location that you access the COFE App Service from, the site from which you came and the site to which you are going when you leave our COFE App Service, the COFE App Service pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the COFE App Service from multiple devices, and other actions you take on the COFE App Service.

We may use information about how you use and connect to the COFE App Service to present the COFE App Service to you on your device.

The processing is necessary for our legitimate interests, namely to tailor the COFE App Service to the user.

We may use this information to determine products and services that may be of interest to you for marketing purposes.

The processing is necessary for our legitimate interests, namely to inform our direct marketing.

We may use this information to monitor and improve the COFE App Service and business, resolve issues and to inform the development of new products and services.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service and to improve the COFE App Service generally.

Log files and information about your device. We also collect information about the computer, tablet, smartphone or other electronic device you use to connect to the COFE App Service. This information can include details about the type of device, Internet service provider and type of Internet access, platform type, device type, date and time stamp, a unique ID (that allows us to uniquely identify your browser, mobile device, or your account), operating systems (including operating system versions), browsers and applications connected to the COFE App Service through the device, your mobile network, your IP address and your device’s telephone number (if it has one). When you access our COFE App Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

We may use information about how you use and connect to the COFE App Service to present the COFE App Service to you on your device.

The processing is necessary for our legitimate interests, namely to tailor the COFE App Service to the user.

We may use this information to determine products and services that may be of interest to you for marketing purposes.

The processing is necessary for our legitimate interests, namely to inform our direct marketing.

We may use this information to monitor and improve the COFE App Service and business, resolve issues (such as bugs), to identify and fix any device / version / Internet type specific issues with the COFE App Service, and to inform the development of new products and services.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the COFE App Service and to improve the COFE App Service generally.

ANNEX 3 – COOKIES

Third party

Product

Persistent / session

Type of cookie

Purposes / Additional information

[Google]

[Google, Google Ads & DoubleClick]

[Persistent]

[Third party – analytics / advertising / marketing.]

[For analytics, marketing and advertising purposes. Note you may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices. .  You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.]

COFE APP TERMS OF AND CONDITIONS FOR VENDORS 

(“Terms of Service”)

 

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.

 

  • 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;

Business 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;

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; 

  1. 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. 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. 
    3. Where indicated in the Order Form, COFE App will provide the Additional Services and/or Incentives to the Vendor. 
    4. The Vendor shall ensure that all Authorised Users are aware of the terms of the Agreement and act in compliance with them. 
    5. 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. 
    6. 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.
    7. 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. 
    8. 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. 
    9. 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).  
    10. 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.

 

  • Vendor’s obligations 

 

    1. The Vendor:
      1. 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;
      2. 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; 
      3. 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;
      4. 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;
      5. 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; 
      6. 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;
      7. 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 
      8. must not do, or allow any Authorised Users or other persons to do, any of the following:
        1. 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; 
        2. use the COFE App Service in a manner that is illegal or causes damage or injury to any person or property;
        3. 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; 
        4. 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). 

  1. With regards to the Products, the Vendor shall: 
    1. ensure that all Products are available for purchase through the App by End Users during Store Hours; 
    2. ensure that the Vendor Menu Information is accurate;
    3. 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; 
    4. 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; 
    5. be solely responsible for honouring all Rewards Programs and providing all Rewards to End Users; 
    6. 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; 
    7. 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, 
    8. 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).  

  1. 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: 
    1. If the Vendor does not accept an order for Products within five (5) minutes of the End Users order placed through the App;
    2. 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;
    3. 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;
    4. If there are any material defects on the package of the Product for Delivery;
    5. 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;
    6. if the wrong Products is provided to the End User;
    7. if an order has been accepted by the Vendor but the Product is not provided to the End User; 
    8. if there is a foreign object in the Products;
    9. 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;
    10. if any Products is not available but the Vendor has not set the status of the Product on the App to “sold-out”; 
    11. if the Vendor or its staff behaviour in an inappropriate manner toward any End User. 
  2. 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.
  3. 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

 

5.1              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: 

  1. 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; 
  2. attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the COFE App Service;
  3. attempt to adapt, modify, duplicate, create derivative works from, record or otherwise reproduce any part of the SDK; 
  4. 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;
  5. erase or remove any proprietary or intellectual property notice contained in the COFE App Service or SDK; or 
  6. 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). 

5.2 The Vendor grants COFE App a licence to access, download and use the Vendor Data for the purpose of:

(a) providing the COFE App Service to the Vendor, including analysing the Vendor Data in accordance with the functionalities of the COFE App Service;

(b) developing, testing, improving and altering the functionality of the COFE App Service; and

(c) producing anonymised or anonymised and aggregated statistical reports and research.

5.3 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. 

5.4 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. 

10.5     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. 

 

  • 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:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party’s lawful possession before the disclosure; 
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; 
      4. is independently developed by the receiving party, which independent development can be shown by written evidence; or 
      5. 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. 

 

  • 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: 
      1. planned maintenance for which twenty-four (24) hours’ notice will be given; and 
      2. 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 notice with immediate effect, or such notice as COFE App may in its sole discretion elect to give, if the Vendor: 
      1. Infringes COFE App’s intellectual property rights in the COFE App Service; 
      2. is in breach of clauses 5.1 and/or 7; and/or 
      3. 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 notice to the Vendor, if:
      1. the Vendor is in material or persistent breach of any of the terms of the Agreement;
      2. 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. 

  1. 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: 
    1. 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  
    2. becomes insolvent, goes into bankruptcy, becomes subject to proceedings such as suspension of bankruptcy, concordatum or dissolution. 
  2. On termination of the Agreement for any reason:
    1. 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; 
    2. 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). 
  3. 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:
    1. delete any Vendor Data at any time;
    2. 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).

 

  1. 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. 
  2. 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: 
      1. 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 
      2. 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.

 

  • General

 

    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. 

  1. 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.

  1. 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. 

  1. 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.

  1. Variation

No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

  1. 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. 

  1. 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.