Terms of Service
Welcome to CoffeePass (“CoffeePass”, “us”, “our”, or “we”)! We provide an order-ahead platform, owned and operated by CoffeePass LLC. DBA CoffeePass (“CoffeePass”). These Terms of Service (“Terms”) govern your access and use of CoffeePass’s website (the “Site), found at https://www.coffeepass.io, and mobile application (the “App”), as well as the use of the Site and the App to access and use services made available through the Site or App (collectively, the “Services”). “Partner” means any entity that uses the Services to allow you or any other party to purchase goods and services. “Customer” or “You” means a customer of a Partner who uses the Services to purchase items.
Please read these Terms carefully. These Terms govern your access to and use of the Services. By using or downloading the Services or registering to use the Services, you signify your assent to both these Terms and our Privacy Policy, which is available at http://www.coffeepass.io/privacy. Changes may be made to these Terms from time to time. Your continued use of the Services will be deemed acceptance to any such amended or updated terms. You agree that you are responsible for compliance with all applicable laws and regulations. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the Services.
Use of Services
Subject to the terms of service hereof, during the period these Terms are in effect, CoffeePass allows you to use the Services on a non-exclusive basis. CoffeePass may change, modify or update the Services at any time without prior notice to you, including by removing functionality. CoffeePass makes the Services available free-of-charge to you. In addition to these Terms, the purchase of any goods or services may be subject to additional terms or services provided by the applicable Partner.
Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms; (d) solicit another person’s password or other personal information under false pretenses; (e) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (f) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (g) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (h) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (i) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services. Persons under the age of 18 (or any other person that is a minor under applicable law) may not make purchases through the Services.
Intellectual Property
All right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) all trade names, trademarks, and logos of CoffeePass shall at all times remain solely with CoffeePass or its licensors. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms.
Registration
To access the features of the Services, you will be asked to register an account. By registering an account with CoffeePass, you represent that you are at least 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Services. You are fully responsible for your account, including use of the account by any third party. When you complete the registration process, you create a CoffeePass account. Your account allows you to use the Services to purchase items, subject to these Terms. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer and mobile device and all activity on your account, even if such activities were not committed by you. CoffeePass is not liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold CoffeePass harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via email at support@coffeepass.io that your account has been compromised, and have requested us to block access to it. Furthermore, you may not use the Services without registering an account with CoffeePass and by providing the specified information, in order to complete your transaction.
Your Responsibilities
You may use the Services to pay for merchandise. You may only use the Services to make legitimate purchases in good faith. We reserve the right to terminate without notice the account of any user we have reason to believe may be using the Services either fraudulently or in bad faith. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. You must respect the terms and conditions of any payment methods you use.
Partners' Responsibilities
CoffeePass only provides the Services to assist users in purchasing items from third party Partners. CoffeePass shall have no responsibility for the actions of any Partner, the goods, services, prices, advice, data and information provided by any Partner, or the content of any internet website of any Partner. If you have any complaints regarding any of the foregoing, please be in touch directly with the applicable Partner. CoffeePass has no responsibility for any messages sent to you by a Partner through the Services, including whether such messages comply with applicable law.
Disclaimer
Your use of the Services is at your sole discretion and risk. The services are provided on an “as-is” and “as-available” basis without warranties of any kind. CoffeePass expressly disclaims any warranties and without limitation, express, or implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Any reliance on the Services is at your own risk, and CoffeePass disclaims any warranties, express or implied (I) regarding the security, accuracy, reliability, timeliness and performance of the services; or (II) that the services will be error-free or that any errors will be corrected; or (III) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Services. Information regarding goods and services, including any pricing information and images is provided by third party Partners, and CoffeePass cannot and does not attempt any liability in respect thereof.
Limitation of Liability
In no event shall CoffeePass, its directors, officers, employees, agents, or shareholders, be liable to you or any other third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special, or punitive damages, arising out of or relating to the Services. CoffeePass’s entire liability under any provision of these Terms shall not exceed amounts you have paid to CoffeePass to use the Services, As such, if you have not made any payment to CoffeePass to use the Services, CoffeePass shall have no liability to you in respect thereof. CoffeePass is not responsible for any connections to or from the Internet. CoffeePass is not responsible for any telephone network or lines or computer systems or servers, or for any such failures affecting a third-party payment processor. Under no circumstances shall CoffeePass be responsible for any loss or damage resulting from use of the Services, including personal injury or death, from any content posted on or through the Services, or from the conduct of any employees or agents of any Partner, whether online or offline.
Indemnification
You agree to indemnify, defend, and hold harmless CoffeePass and its respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer or password; (b) your violation of any law or regulation; (c) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (d) your violation of any law or regulation; or (e) your infringement of any right of any third party.
Charges
Products or services made available on the App, may be available for purchase. By purchasing products or services made available through the App, you represent that you are 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent), and that you will comply with all specified processes and procedures for redeeming your purchase. All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). CoffeePass may replace its third-party payment processing services without notice to you. Charges shall only be made through the CoffeePass app. By making use of some or all of these payment services on the App, you agree to be bound by Stripe, Inc.’s terms and conditions (available at https://www.stripe.com/payment-terms/legal along with its privacy policy at https://www.stripe.com/privacy, and hereby consent and authorize CoffeePass to delegate the authorizations and share the information you provide to CoffeePass with Stripe, Inc. to the extent required to provide the payment services to you. Stripe, Inc. may also be contacted directly for payments support by email at support@stripe.com. You are responsible for all charges incurred under your account, whether made by you or another person using your account. Any Partner which allows you to use the App to settle or pay for a check, bill, tab or other payment retains the right to settle your payment should you fail to properly settle your outstanding balance, either as a result of your failure to use the App to pay for your balance, or as a result of the App failing to properly pay such owed payment. If for any reason CoffeePass does not receive payment for a purchase, CoffeePass may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the App or the purchase of any products or services made available through the App, including sales, use and excise taxes (excluding only taxes on CoffeePass’s net income). To the extent that CoffeePass is obligated to collect such taxes, the applicable tax will be added to your billing account.
You understand that the prices for product or menu items displayed through the Services may differ from the prices offered or published by Partners for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Services may not be the lowest prices at which the product or menu items are sold.
Because of the nature of the Services, CoffeePass does not control how much a Partner will charge for a particular product or menu item. Partners may charge more or less for products or menu items you order.
Certain features of the Services, including placing orders, may require you to pay fees to CoffeePass. CoffeePass may change, or add, fees for use of our Services at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept the fees that you will be charged, as applicable. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee.
CoffeePass has no obligation to itemize its costs, profits or margins when publishing prices on the Services and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under these Terms.
CoffeePass will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. After your first purchase, CoffeePass requires that you pay for additional purchases using CoffeePass credit, which can be loaded on to the app using your specified payment method. Loading credit is necessary to limit the fees that CoffeePass charges shops and users. CoffeePass credit has no cash value outside of the app, and is non-transferable at this time.
CoffeePass, in its sole discretion, may provide users with product credits, or make promotional offers with different features and different rates to any consumers. These credits and offers may be used for future transactions on the Services. Such credits or offers are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. CoffeePass reserves its right to expire, limit, or modify any credits or promotion at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
Returns and Refunds
CoffeePass does not sell goods or services, but only provides a platform for transactions between Partners and their customers while the customer is on the Partners’ premises. CoffeePass does not have any return or refund policy, and all refunds or returns shall be in accordance with the return and refund policy of the applicable Partner. If you are not satisfied with any goods or services you have purchased, please be in direct contact with the applicable Partner. Notwithstanding the above, if an accidental price discrepancy between the actual price in the store and the payment processed via the Services is discovered following the use the Services, contact CoffeePass at support@coffeepass.io and CoffeePass will refund the difference to you.
Third Parties
CoffeePass does not endorse any products offered by Partners or any other third party. The Services may provide links to third party websites or third party services or resources. We have no control over third-party sites, content or resources and all use of the foregoing is at your own risk. Additionally, all payments made to purchase goods or services are made through third party payment processors. We cannot accept responsibility for any payments processed or submitted through such third-party payment processors, or for the privacy policies of any such services.
Communication
By creating a CoffeePass user account, you agree to accept and receive communications from CoffeePass or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to CoffeePass. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of CoffeePass, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by replying “STOP” from the mobile device receiving the messages.
Revisions of Terms
CoffeePass may revise these Terms and Conditions of Use for Site at any time without notice. By using this Site you hereby agree to be bound by the then current version of these Terms and Conditions of Use. You do not have the right to modify this Terms of Service policy without CoffeePass’s prior written consent.