Oshofree partner terms
Introduction
Welcome to Oshofree! By accessing and using the Oshofree platform, you agree to comply with and be bound by the following terms and conditions. These terms and conditions govern your use of our services, including our website,and software (collectively, the "Services"). Please read them carefully.
Definitions
Oshofree: The service provider offering booking and CRM solutions.
Restaurant: Any business entity using Oshofree's Services.
User: Any individual or entity using the Oshofree platform.
Services: The booking, CRM, and related software provided by Oshofree.
Acceptance of Terms
By using our Services, you agree to these Terms and Conditions. If you do not agree, you may not use our Services.
Licenses
Intellectual Property Rights: Each party retains all rights to, title of, ownership of, and interest in its respective hardware, software, trademarks, service marks, trade names, and all other intellectual property worldwide.
License Granted to Restaurant: Oshofree grants the Restaurant a limited, revocable, non-exclusive, non-transferable right and license to use Oshofree’s Services for its internal purposes during the Term. The Restaurant agrees that it will not:
Sublicense, copy, or distribute any part of the Oshofree Services or any software contained therein, or modify, translate, adapt, or prepare any derivative work based on the Oshofree Services or any software contained therein.
Make any use of the Oshofree Services other than as set forth in this Agreement.
Permit any third party to do any of the foregoing.
License Granted to Oshofree:- The Restaurant hereby grants to Oshofree a nonexclusive, royalty-free, irrevocable, worldwide, perpetual, sublicensable, fully paid license to use, copy, import, display, reproduce, perform, create derivative works, and distribute:
Any information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, or graphics provided by the Restaurant to Oshofree.
The Restaurant’s trademarks, trade names, business names, logos, descriptions, photographs, or other identifiers.
Any other content provided by the Restaurant to Oshofree, in connection with the provision, operation, and promotion of the Oshofree Services and Oshofree’s business (and the business of Oshofree’s successors and business partners), including on Oshofree’s customer or Restaurant lists, app, or website (“Restaurant Content”).
The Restaurant shall be solely responsible for all acts and omissions by any Restaurant Personnel. “Restaurant Personnel” means all individuals performing services at or for the Restaurant, whether such individuals are employed by the Restaurant or by a contractor providing labor to the Restaurant.
Notwithstanding the foregoing license grant to Oshofree, should the Restaurant, in its reasonable discretion, determine any use of the Restaurant Content by Oshofree may harm the reputation of the Restaurant, the Restaurant shall promptly notify Oshofree of such objectionable use, and Oshofree shall to the extent reasonably practicable use commercially reasonable efforts to promptly cease using the Restaurant Content in the manner found reasonably objectionable by the Restaurant.
Use of Trademarks
Subject to these Technology Service Terms, Oshofree grants the Restaurant a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use Oshofree’s trademarks, logos, and service marks (“Oshofree Marks”) as provided by Oshofree, solely for marketing and promoting the availability of reservations on the Oshofree Services.
If Oshofree determines, at its sole discretion, that any use of the Oshofree Marks by the Restaurant is objectionable, Oshofree will notify the Restaurant of such objectionable use. The Restaurant must then immediately cease using the Oshofree Marks in the manner deemed objectionable by Oshofree.
Payment Terms
Fees
The Restaurant agrees to pay all fees associated with the use of Oshofree’s Services as specified in the service agreement. These fees encompass all charges for accessing and utilizing the booking and CRM solutions provided by Oshofree. Fees are structured to cover the various functionalities and support offered through the platform, ensuring the Restaurant can manage bookings, customer relations, and other related operations efficiently. All fees are non-refundable, except where mandated by applicable law. This non-refundable policy emphasizes the commitment required from the Restaurant to engage with the Oshofree Services and the resources allocated by Oshofree to maintain service quality and reliability.
Billing
Oshofree will bill the Restaurant on a recurring basis as stipulated in the service agreement. This recurring billing ensures continuous access to Oshofree’s Services without interruption. The Restaurant authorizes Oshofree to charge the payment method on file for all fees due. It is the Restaurant's responsibility to maintain accurate and up-to-date payment information to avoid any disruptions in service. The billing cycle and payment terms will be clearly outlined in the service agreement, detailing the frequency (e.g., monthly, quarterly) and amount due for each billing period. Prompt payment is essential to maintain access to Oshofree’s comprehensive suite of services, ensuring seamless operational management for the Restaurant.
Termination
Termination by Restaurant
The Restaurant may terminate their account at any time by providing written notice to Oshofree. This notice must be sent via the designated communication channels specified in the service agreement. Upon termination, the Restaurant will no longer have access to the Services provided by Oshofree. However, termination does not relieve the Restaurant of any payment obligations incurred prior to the effective date of termination. This includes any outstanding fees or charges for the Services used up to and including the termination date. It is the responsibility of the Restaurant to settle all outstanding accounts promptly.
Termination by Oshofree
Oshofree reserves the right to terminate the Restaurant's account if the Restaurant breaches any of the Terms and Conditions outlined in this agreement. Additionally, if Oshofree decides to cease offering the Services, it may terminate the Restaurant’s account. In either case, Oshofree will provide notice of termination to the Restaurant. This notice will include the reason for termination and the effective date. Termination by Oshofree does not absolve the Restaurant from any prior payment obligations, and the Restaurant must fulfill any outstanding payments up to the termination date.
Limitation of Liability
Oshofree is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Services. This includes, but is not limited to, loss of profits, data loss, or business interruption. Oshofree’s total liability for any claim related to these Terms and Conditions or the use of the Services is limited to the amount paid by the Restaurant to Oshofree in the 12 months preceding the claim. This limitation ensures that Oshofree’s financial exposure is capped, allowing it to continue offering reliable and robust Services to all users.
Indemnification
The Restaurant agrees to indemnify, defend, and hold harmless Oshofree and its affiliates from any claims, liabilities, damages, losses, and expenses arising out of or in connection with the Restaurant's use of the Services or breach of these Terms and Conditions. This indemnification obligation includes, but is not limited to, claims brought by third parties alleging that the Restaurant's actions or content have infringed on their rights, caused harm, or violated applicable laws or regulations. The Restaurant's duty to indemnify encompasses legal fees, court costs, settlement amounts, and any other expenses incurred by Oshofree in defending against such claims. This provision ensures that Oshofree is protected from financial and legal repercussions resulting from the Restaurant's misuse of the Services or non-compliance with the agreed terms. By agreeing to indemnify Oshofree, the Restaurant acknowledges its responsibility to use the Services in a lawful and appropriate manner, adhering to all applicable regulations and standards. This indemnification clause is crucial for maintaining the integrity and sustainability of Oshofree's operations, allowing it to continue providing high-quality services to all its users.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Nigeria. Any disputes arising out of or relating to these Terms and Conditions will be resolved in the courts of Nigeria.
Contact Information
For any questions about these Terms and Conditions, please contact Oshofree at:
consultoshofree@gmail.com
By using the Services, the Restaurant acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.