Taïm Terms and
Conditions of Use
Last updated 11-22-2021
Consent to Terms and Conditions
Use of this Platform
Ownership of the Platform and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Taïm (collectively, "Taïm intellectual property") in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Taïm’s consent.
Except as otherwise indicated on this Platform, copying, reproducing, uploading, downloading, transmitting or any other use of this Platform or of any of the Materials, in whole or part, without the express permission of Taïm, is prohibited. Any unauthorized access to, use or copying of this Platform and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Provision of the Services by Taïm
You acknowledge and agree that if Taïm disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Creating An Account
Termination or Cancellation of Your Account
You may terminate your Account with Taïm at any time, at your sole discretion, by sending an e-mail to taïm@thanx.com.
We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services. Taïm may refuse service to anyone, at any time, for any reason.
Ordering Through Taïm
All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Olo. Please review carefully the terms and conditions of use on www.olo.com. Taïm is not liable to you for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by Olo’s terms.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Platform.
You are responsible for maintaining the confidentiality of your account information, and you agree that you will restrict access to your device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform and Services.
Limitation of Liability and Warranty and Use Disclaimer
Taïm endeavors to make sure that all information and data it originates on the Platform is accurate. However, Taïm is not responsible for any damages or loss related to the use of this Platform.
THIS PLATFORM, ALL CONTENT AND MATERIAL CONTAINED ON THIS PLATFORM, ALL SERVICES PROVIDED ON THIS PLATFORM AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE PLATFORM AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE PLATFORM OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. TAÏM RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE PLATFORM OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER TAÏM (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PLATFORM, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
TO THE FULLEST EXTENT PERMITTED BY LAW, TAÏM MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY PLATFORMS LINKED TO THIS PLATFORM; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF TAÏM’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE PLATFORM AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE PLATFORM.
With respect to all communications you make to Taïm directly and/or through the Platform, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Taïm shall have no obligation to protect your communications from disclosure; (ii) Taïm shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Taïm shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
At certain points in the ordering process, you may be prompted to provide feedback to Taïm. Your provision of feedback is entirely optional and, if you do provide feedback, such feedback will be used by Taïm solely for internal purposes. If we were to use this feedback for any purpose other than our own internal purposes, we will first obtain your express consent.
Acquisition of Business
Copyright Infringement - Notice and Take-Down Policy
Taïm values intellectual property and respects the intellectual property rights of others, and will remove materials on its Platform that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Platform, you may notify Taïm in writing as follows:
45 Spring Street
New York, NY 10012
Electronic Mail Address: info@taïmfalafel.com
In your notice, you must include the following:
- i.a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- ii.identification of the copyrighted work(s) that is (are) allegedly being infringed;
- iii.identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Taïm to locate such materials;
- iv.contact information (i.e., name, address, email address) sufficient to enable Taïm to contact you;
- v.a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- vi.a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Platform (the "Software") may be subject to United States export controls or the export controls of other countries from where you access the Platform. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Platform you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Platform, and/or the Content and/or the Materials.