Tuli Technologies, Inc. Terms of Service

Last Modified: May 29, 2020

 

  1. Your Acceptance

Welcome to the Tuli Terms of Service. This is an agreement (“Agreement”) between Tuli Technologies, Inc. (“Tuli"), the owner and operator of www.tuli.com, the Tuli mobile application, software, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your” or “User”), a User to the Platform. 

Throughout this Agreement, the words “Tuli,”  “us,”  “we,” and “our,” refer to our company, Tuli, as is appropriate in the context of the use of the words. 

By clicking “I agree”, accessing, or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Service or the Privacy Policy and may notify you when we do so.  PLEASE BE AWARE THAT THERE ARE SUBSCRIPTION, ARBITRATION, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Service or the Privacy Policy please cease using our Platform immediately. 

  1. User Information and Accounts

Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 13.  We reserve the right to verify all User credentials and to reject any Users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Tuli immediately of any unauthorized use of your account or any other breach of security. Tuli will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. 

  1. Users Under the Age of 13

Tuli does not knowingly solicit or collect, either online or offline, personal information from persons under the age of thirteen (13). The Tuli Platform is intended for users who are thirteen (13) years of age or older. If Tuli becomes aware that personal information from children under the age of 13 has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 13, please contact us immediately at support@tuli.com . If you are 13 or older, but under the age of 18, your parent or guardian should review this agreement with you to make sure you and your parent or guardian understand it before using the Platform.

  1. Access and Ownership

After registering and paying for a subscription, where required, we shall grant User the right to access the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for Tuli.   Where you download software to access our Platform, we grant you a limited, fully revocable, non-exclusive license to download one copy of our mobile application to access the Platform onto each of your electronic device(s). If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct.  User agrees that the structure, organization, and code of the Platform along with all software components and related services are proprietary to Tuli and/or Tuli's licensors. Tuli and/or its licensors retain exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform.

  1. User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

 

  1. The Platform and Any Associated Services

The Platform may provide information concerning various restaurants, products, and services and the ability to purchase food and beverages, view additional information, and interact online with other users. Tuli may make available services to you including but not limited to ordering from restaurants (“Restaurants”) that have created accounts on the Tuli Platform. Please be aware that Tuli does not recommend or endorse any User Content or any Restaurants products, people, or information that may be mentioned on the Platform. This collective information is provided for informational purposes only. If you choose to rely on information found on the Platform, you do so at your own risk.  Tuli may update, change, modify, expand, suspend, or discontinue any services offered on the Platform at its discretion and without liability to you.  Tuli may use ambassadors that interact with the Tuli Platform, Tuli does not recommend or otherwise endorse any ambassador, the ambassadors do not represent Tuli and any ambassadors’ opinions or activities is solely the actions of the ambassador and Tuli shall have no liability with regards to the opinions or activities of any ambassador.

 

  1. Restaurants Accounts

 

Any User wishing to create a Restaurant account must agree to the Tuli SAAS Agreement and shall be subject to the Tuli SAAS Agreement in addition to this Agreement.  For more information regarding a Restaurant account please email us at support@tuli.com.

  1. Use of the Platform

When using our Platform, User is responsible for its use of the Platform. You agree to the following:

·           You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;

·           You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;

·           You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;

·           You may not use automated bots or other software to send more messages through our Platform than humanly possible;

·           You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;

·           You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;

·           You may not access our Platform in an attempt to build a similar or other competitive product;

·           You may not use the Platform in an unlawful manner;

·           You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; 

·           You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;

·           You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;

·           You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;

·           You may not violate any requirements, procedures, policies or regulations of networks connected to Tuli;

·           You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform; 

·           You may not interfere with or disrupt the Platform;

·           You may not violate any US state or federal laws or regulations and you solely are responsible for such violations; 

·           You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

  • You agree that you will not hold Tuli responsible for your use of our Platform; and

·           You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a third party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Tuli reserves the right to suspend or terminate any account at any time without notice or explanation. 

  1. User Content

Users may be able to post User Content (defined below) via Tuli Tribe or other portions of the Platform.  User’s ability to submit or transmit any information through the Platform, including but not limited to data, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We take no responsibility for any User Content, including any User Content submitted by Restaurants, submitted to the Platform and make no endorsements related to any User Content whether express or implied. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. 

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Tuli, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose deemed by us.   Additionally, you grant to Tuli a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Where any User Content is submitted we shall store such User Content in a secure and confidential manner that is compliant with our internal storage policies.

  1. User Content Guidelines

We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.

When submitting any User Content you agree to the following:

  • You agree that User Content submitted is truthful, accurate, and not misleading;

  • You agree not to submit any User Content that contains any confidential information;

  • You agree not to submit any User Content that contains nudity, pornographic, or sexually explicit content; 

  • You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;

  • You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, economic, nationality, veteran status, or sexual orientation/gender identity;

  • You agree not to submit any User Content that is considered spam; and

  • You agree not to submit any User Content that may be considered: bullying, illegal, misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.  Where you believe any users have abused the Content Guidelines, please contact us via the Platform or via email at abuse@tuli.com.

  1. Monitoring User Content

Tuli shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Tuli shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.

  1. User Content Storage Limits

The Platform may offer reasonable storage of all User Content.  However, all User Content storage is subject to our internal data storage limits.   We have no obligation to store any excess User Content. If you violate any storage limits, Tuli will notify you and may work with you to bring your usage into conformity with our data storage policies. 

  1. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.  Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.  

  1. Modification of Platform 

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

  1. Intellectual Property

The name “Tuli”, the Tuli Platform along with the design of the Platform and any text, writings, images, templates, compilations, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Tuli, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Tuli reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.

  1. Free Trials and Promotions

Tuli may offer free trials at its discretion.  Where User elects to participate in a free trial, User shall be enrolled as Subscriber (defined below) and may be charged for a subscription after the expiration of the free trial. Tuli has no obligation to offer free trials and free trials may be discontinued at any time.  Tuli reserves the right to implement rewards, referrals and/or promotional programs at any time, in its sole discretion and without notice to you.

 

  1. Subscriber Payments

From time to time portions of the Platform may require a paid subscription.  Where User wishes to subscribe to any of the services offered by the Platform, such User shall be referred to as a “Subscriber”. Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where you have properly paid for a subscription we shall grant you access to the Platform as permitted by your subscription.  Where any subscriptions are paid for through any third party application store (“Third Party App Store”) you agree that such Third Party App Store may charge you the subscription fee as stated on the Platform. All prices are listed in US Dollars.  All information that you provide in connection with a payment or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, Tuli may suspend or terminate your access to the paid portions of the Platform, without liability to us.

  1. Automatic Subscriber Renewals

Where a Subscriber has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, TULI MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT LOCATED ON THE THIRD PARTY APP STORE. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.

  1. Refunds for Subscription

We want you to be satisfied with the Tuli Services; however, no refunds will be permitted after the start of your paid subscription. If you have any questions regarding your subscription or our policies, please contact us. Where Tuli does not charge you taxes for any payments, you agree to pay any and all applicable taxes.  Subscriber agrees to comply with any requests to submit any tax documentation, as requested by Tuli and shall reasonably assist Tuli with any requests related to its tax compliance.   

  1. Pricing and Price Increases

The pricing for all paid subscriptions is listed on the Tuli Platform or within your account located on the Third Party App Store.  Additionally, Tuli may increase the price of any paid subscriptions at our discretion and we reserve the right to do so at any time. In the event of a price increase, Tuli shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase.  Where you have rejected a price increase this Agreement may be terminated immediately at our discretion. You agree that Tuli has no obligation to offer any services for the price originally offered to you at sign up.

21.  Cancellation or Termination of Your Subscription

You may cancel your subscription at any time via your Third Party App Store account dashboard or contacting us at support@tuli.com. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled.  We may terminate your subscription or this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement, any Third Party App Store rules, or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Tuli, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  

  1. Orders and Delivery

The Platform may allow Users to place an order (“Order”) for food or products from a Restaurant. You acknowledge when you place an Order, that such Order is solely between you and the Restaurant and Tuli is not a party to any agreement between you and the Restaurant.  Further, although Restaurants may be listed on the Platform, Tuli does not endorse or recommend any such Restaurant to User and makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of a Restaurant to provide any services or to fulfill your Order and therefore we have no liability to you in regards to any Orders or services provided by a Restaurant.  Tuli does not sell the products contained in your order nor have any control over the quality or safety of the products, and thus, has no responsibility or liability for any problems with your meal orders. Restaurants may state allergen, food preparation standards and/or ingredients on the Tuli Platform.  Please be aware that if you have specific needs regarding allergens or other questions regarding your Order, please contact the restaurant directly.  By using the Tuli Platform, you agree you understand that Tuli is not responsible for anything concerning the products contained in your Order.

Where User places an Order Tuli may immediately authorize your credit card (or other payment means) for payment.  If you have a question about a transaction on your account, please contact us at support@tuli.com.  Where User requires a refund regarding an Order, all refunds are subject to the refund policy of the respective Restaurant and Tuli may not process any refund requests without first receiving approval from the Restaurant with whom you placed an Order. Where you have a dispute with any Restaurant such dispute must be solely resolved between you and the Restaurant.

You may place an Order for delivery from a Restaurant, however, it is your responsibility to verify such Restaurants ability to deliver your Order to your specifications.   For restaurants that do offer delivery, your Order may be delivered by a Restaurant employee or a third party delivery person.  Tuli does not employ any delivery personnel, has no control of the delivery aspect of your order, and bears no responsibility or liability for the delivery process. 

 

  1. Idea Submission

We value your feedback and where applicable you may submit ideas, content, artwork, suggestions, or other works (“Submissions”) to Tuli. Where you submit any Submission, you agree that: (1) your Submissions and their contents will automatically become the property of Tuli, without any compensation to you; (2) where such a grant in sub-section (1) is not possible, your Submission shall be subject to the User Content license grant as stated within this Agreement ; (3) Tuli may use or redistribute the Submissions and their contents for any purpose and in any way; (4) there is no obligation for Tuli to review the Submission; and (5) there is no obligation to keep any Submissions confidential. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Tuli’s products might seem similar to ideas you submitted to Tuli.

  1. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TULI, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY TULI SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TULI, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. TULI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TULI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. TULI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TULI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. 

  1. Limitation of Liability

IN NO EVENT SHALL TULI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TULI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY TULI’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIVE HUNDRED USD ($500).

  1. Indemnity

You agree to defend, indemnify and hold harmless Tuli, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 

·       your use of and access to the Tuli Platform or violation of any term of this Agreement;

·       your interactions with any other users of the Platform; or

·       your violation of any third-party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Tuli Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

  • Your name.

  • The name of the party whose copyright has been infringed, if different from your name.

  • The name and description of the work that is being infringed.

  • The location on our Platform of the infringing copy.

  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Tuli, support@tuli.com

Counter Notice

In the event that you receive a notification from Tuli stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.

  • The notification reference number (if applicable).

  • Identification of the material and its location before it was removed.

  • A statement under penalty of perjury that the material was removed by mistake or misidentification.

  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).

  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

  1. Trademark Infringement

We respect the rights of trademark owners and if you believe that your trademark or trade name is being infringed by a user of our Platform, please send us an email with your contact information, the location of the infringing content, and the names of the users infringing on your marks.  Please be sure to provide accurate and detailed information.  All trademark complaints should be sent to support@tuli.com.  We may take any action that we deem appropriate in rectifying your complaint.

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California

  1. Disputes

Any dispute, relating in any way, to your access or use of our Platform or this Agreement shall be submitted to confidential arbitration in San Clemente, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Orange County, CA.

  1. Class Action Waiver

You and Tuli agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. 

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Tuli are deemed to conflict with each other’s operation, Tuli shall have the sole right to elect which provision remains in force.  

  1. Third Party App Store

You may download and use the Platform via a Third Party App Store such as Google Play or Apple iOS.  Please be aware that you may be required to abide by the Third Party App Store’s Terms of Service or user agreement prior to using our Platform.  Tuli acknowledges that: (1) this agreement is between you and Tuli only, and not with any Third Party App Stores, (2) Tuli is solely responsible for the Platform or any associated software, (3) the Third Party App Stores have no obligation to furnish any maintenance and support services with respect to the Platform, and (4) any relevant Third Party App Stores  are a third-party beneficiary of this agreement, with the right to enforce this agreement against you as a third-party beneficiary.

  1. Third Party Accounts

Through the Platform you may connect your Tuli account to third party accounts. By connecting your Tuli account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want your information shared in this manner, please do not use this feature.

  1. Third Party Websites and Services

The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Tuli and Tuli is not responsible for any content found on the Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tuli is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tuli of the site or any association with its operators. 

Certain services made available via the Platform are delivered by third party sites and organizations. By using any product, service or functionality originating from the Platform you hereby acknowledge and consent that Tuli may share such information and data with any third party with whom Tuli has a contractual relationship to provide the requested product, service or functionality on behalf of you the User. 

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, User Content, Access, Indemnification, Class Action Waiver, Severability, and Arbitration sections.

  1. Termination

We may terminate your access to the Platform or this Agreement if: (1) you have violated any applicable laws while using our Platform; (2) you have violated any portion of this Agreement or any of our Platform policies; or (3) where we believe your current or future actions may legally harm Tuli, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  

  1. Entire Agreement

This Agreement along with the Privacy Policy and SAAS Agreement (where applicable) constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  

  1. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform. 

41. Electronic Communications

The communications between you and Tuli use electronic means, whether you visit the Platform or send Tuli e-mails, or whether Tuli posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Tuli in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Tuli provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  1. Export Controls

The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

43.                International Users

The Platform is controlled, operated and administered by Tuli from the United States. If you access the Platform from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not access the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations within your home jurisdiction.

44. Platform Issues 

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at support@tuli.com

45. Contact and  California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Tuli must be sent to our agent for notice to: 

Tuli Technologies, Inc. 

131 Avenida Del Mar, Suite C

San Clemente CA 92672  

  

Email Address: 

support@tuli.com  

 

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Hungry Foodies looking to order from your favorite restaurants?

Address:

131 Avenida Del Mar 

San Clemente, CA 92672

Contact Us:

sales@tuli.com

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Copyright @2020 Tuli Technologies, Inc. All Rights Reserved