Lavu, Inc. (“Lavu”) and/or its affiliates and subsidiaries (collectively, “Lavu” “we” or “us”’ or “our”) offer clients certain websites, software, applications, content, product, and services (“Lavu Products”) which may be branded Lavu, LavuPay, MenuDrive, Sourcery, or another brand owned or licensed by Lavu. 

This Terms of Service Agreement (this “Agreement”) is a legal agreement between Lavu and you (“you,” “your”) governing the Lavu Products and their respective websites (or such other website(s) as we may designate from time to time) that we may currently or in the future provide or offer. To receive or use any of the Lavu Products, you must accept all of the terms of this Agreement. If you do not agree with these terms and do not want to be bound by this Agreement, you may not use, access, or order any of the Lavu Products.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR ANY OF THE LAVU PRODUCTS OR BY ACCESSING OR USING ANY OF THE LAVU PRODUCTS ON OUR WEBSITES, OR BY DOWNLOADING ANY OF THE LAVU PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ORDER, USE, DOWNLOAD OR ACCESS. YOU REPRESENT, COVENANT AND WARRANT THAT YOU HAVE THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT. YOU REPRESENT, COVENANT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU SUBSCRIBE TO ANY OF THE LAVU PRODUCTS FOR A TERM (THE “INITIAL TERM”), THEN THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE LAVU PRODUCT’S THEN-CURRENT FEES FOR SUCH LAVU PRODUCT UNLESS YOU OPT OUT OF THE AUTORENEWAL IN ACCORDANCE WITH SECTION BELOW OR UNLESS LAVU GIVES YOU NOTICE THAT IT HAS ELECTED NOT TO RENEW THIS AGREEMENT (IN ITS SOLE AND EXCLUSIVE DISCRETION).

Definitions

  • “iOS” means Apple’s “iOS” operating system used on the iPad, iPod, iPhone or any other Apple-branded products.
  • “User Control Panel” means the control panel used to change settings and options for your User Account.
  • “User Account” means an account that is created that allows you to access one or more of the Lavu Products.
  • “Fees” means the fees paid for your continued use of any of the Lavu Products based on the subscription you select at the time you subscribe to any of the  Lavu Products.
  • “Software License” means the software license between you and us to allow you to use one or more of the Lavu Products.
  • “Credit Card Gateway” means a third-party service that a you may choose to sign up with that handles the processing of credit card transactions.
  • “Account Activity” means the payments made to your User Account within the last 30 days; orders recorded by the Lavu Products in the last 30 days; and/or clock punches recorded in the last 30 days.
  • “Intellectual Property Rights” means all trademark, trade dress and service mark rights, patent rights, shop rights, mask work right, copyright rights, rights of publicity, goodwill, moral rights, trade secret rights and any and all other intellectual property rights as they may currently exist or exist in the future, and all applications thereof and registrations, renewals and extensions thereof, under the laws of any jurisdiction.
  • “Dispute” means a dispute or claim arising out of or relating to the Lavu Products, your User Account with one or more of the Lavu Products or this Agreement and these Terms of Service.
  • “User Content” means any content uploaded or changed by you, including but not limited to, text, photos, and other information.
  • “User Data” means any data created or modified from your use of one or more of the Lavu Products including but not limited to financial data, transaction data, order data, credit card signatures, and logs.
  • “Offline Credit Card Transactions” means encrypted credit card transaction information that is stored locally on an iOS device (or similar) when a network connection is unavailable.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way be used to construe meaning, intent or affect the interpretation of this Agreement.

User Accounts

To utilize any of the Lavu Products, you will need to create a User Account. During registration you will be asked for both your personal information and information regarding your business. The information that you submit to create your User Account must be complete, accurate and up to date. You must also keep the business and personal information in your User Account up to date during the term of the subscription (including any renewals). If you open a User Account for a company, organization or other entity, you represent, covenant and warrant that you are an authorized representative of the company, organization or other entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement in its entirety on the entity’s behalf. We reserve the right to suspend or terminate any User Account that fails to comply with the account registration requirements or that we find to contain information that is untrue, inaccurate, incomplete, or outdated. We reserve the right to suspend or terminate your User Account, revoke your Software License (as defined below) and delete all data associated with your User Account without prior notice if there has been no Account Activity in your User Account for a period of 180 days. You are responsible for all activities that occur under your User Account. You agree to immediately notify Lavu of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security or strange or unusual activity.

Software

The Lavu Products may include software applications and web-based software. You must install any and all software application and web-based software updates to continue using the Lavu Products. From time to time older hardware or computer programs may no longer be compatible with the latest software applications and web-based software updates. It is your responsibility to upgrade any hardware or computer programs as needed to continue using the Services.

Lavu Products: In General

All of the Lavu Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Lavu Products without prior notice. Prices for the Lavu Products are subject to change at any time, but changes will not affect any order for Lavu Products you have already placed. Lavu Products may be purchased or leased as indicated in your order.

Lavu Products: Title 

Title for Lavu Products purchased from us passes to the purchaser at the time of delivery by Lavu to the freight carrier and you will be responsible for any Lavu Product loss or damage that occurs when the Lavu Product is in transit to you. Lavu or the applicable third-party financing/rental company approved by us (“Financing Partner”) retain title to any Lavu Products you lease or rent from us or the applicable Financing Partner, however, you remain responsible for any Lavu Product loss or damages that occurs when the Lavu Product is in transit to you.  Our delivery charges and methods are as described on our website from time to time and are subject to change without prior notice.

Returns and Refunds

You may contact us at rma@lavu.com to request a return of Lavu Products you purchased from us at any time within thirty (30) days of the order date. If we determine that you are eligible to return such Lavu Products, we will provide a return materials authorization (RMA) to you via email. Lavu will refund you the amount you paid for the returned Lavu Products (less applicable handling charges) provided that we receive such Lavu Products, including all Lavu Products items if the Lavu Products was purchased as part of bundle, freight prepaid by you in new or unused condition, in its original packaging, within ten (10) days of the date the RMA was emailed to you. Risk of loss or damage to the returned Lavu Products remains with you until received by us. You will bear the cost of freight and insurance of any returned Lavu Product. Except as otherwise expressly stated in this Agreement,  we are under no obligation to refund any amounts you previously paid to us for any Lavu Products.

Leased or Financed Lavu Products

Leased or financed Lavu Products shall at all times remain the property of Lavu or our Financing Partner (the “Product Owner”). The Product Owner retains and you hereby grant to Lavu and the Product Owner, as applicable, a security interest in and to the leased Lavu Products. You agree to execute any and all documents and filings to perfect the same. You agree not to permit any third party (other than the Product Owner) to obtain any security interest, lien or other encumbrance on such leased or financed Lavu Products. You will promptly return, at your expense, such leased or financed Lavu Products to Lavu’s or the Product Owner’s designated address when the lease expires or