Terms of Service
All services offered herein comprise an online platform through where The Company may digitize its back of house operation through the Supy platform (“Services”). The Company understands and agrees that the Sites are providing a platform for Users to manage their back of house operation including:
- Placing orders to their Suppliers
- Recording Supplier invoices
- Inputting menu recipes
- Recording sales orders
- Inventory counts
- Recording Wastages
- Downloading reports
(“Policy”), and to follow these Terms and all applicable laws and regulations governing the use of the Sites.
By accessing and/or using the Services, including by doing so after accessing these Terms, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.
3. Corporate Use
If you are using the Services on behalf of a company, you represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
Subject to your compliance with these Terms, Supy grants you a non-exclusive, non-sublicensable, nontransferable license to access the software and to use the services.
5. User Account, Accuracy, and Security
User Account. To use the Services, you must login the software with your mobile number or registered email. In order to create an account (“Account”), you will be asked to provide information that personally identifies you (“Personal Information”).
Account Information Accuracy. You represent and warrant that all User information you provide in connection with your Account and your use of the Services are current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile, or by submitting a message through the following email ID: [email protected]
- Supy shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge
- Supy is responsible for maintaining the technical security infrastructure of the account, which includes firewalls.
6. User Obligations
Users must input all product lists and names of:
- their suppliers and the price of each product, which must be accurate and maintained.
- their recipes and sub recipes
- their menu items
Supy will charge you a subscription fee for all services provided on its platform for the duration of the contract.
8. Data and information you give us
In order to make the Platform and Services available to you, or to meet a legal obligation, we need to collect and use the User Information set out below:
- Your user name;
- Your phone number; and
- Your and email address.
- The name and address of the company you work for;
- Prices of goods and products purchased from Suppliers;
- Quantity of goods and products ordered
- Recipes and Sub Recipes
- Menu items
- Sales orders
If you do not provide the information that we request, we may not be able to provide you with the requested Services. Any of the information we collect from you may be used for the following purposes:
- Provide you with the Software and Services;
- Create and manage User accounts;
- Identify you as a User in our system and maintain a record of your transactions and interactions through the Platform;
- Send administrative information;
- Respond to inquiries and offer support; and
- Request User feedback; and Improve User experience.
We may collect certain non-personally identifiable information about your use of the Platform and Services, including, without limitation, to prepare analyses and compilations of aggregate customer data that do not identify you, statistics relating to the use of the Platform and Services, performance metrics relating to the App and Services, and configuration settings (“Data”). This Data may be used to determine trends and help us improve the Services. To the extent that any Data is collected by us, such Data shall be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you, provided that the Data is used only in an aggregated form, but not in a manner that would identify you personally or the company or business your work for.
This Agreement may be terminated for the following reasons: with the written consent of The Client and the Company; or with one hundred and eighty (180) days notice through email by either The Client or the Company, or in the event of breach committed by The Client or The Company to any of its obligations, covenants or representations under this Agreement, and the Parties have failed to cure such breach for within twenty (20) days following the receipt of a notice.
10. Confidential Information
All data provided to Supy, including but not limited to: ingredient names, vendors, pricing, and recipes, will not be shared with any other party outside of Supy. The data shall remain the sole and exclusive property of the Disclosing Party. Such Confidential Information shall be used by Supy for nothing other than the Purpose and without limiting the generality of the foregoing, shall not, directly or indirectly, deal with, use, exploit (whether commercially or otherwise) or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever.
11. Retention of information
We may retain your User Information for a period of time consistent with the original purpose for collection. For example, we keep your User Information for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your User Information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
12. Information security
Supy takes security seriously. We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain commercially reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Information in its control and custody. We treat User Information as the confidential and proprietary information of the Supy User, subject to the terms of Service, and no such User Information may be shared with any other User.
However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your User Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the App and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
13. Data breach
In the event we become aware that the security of the Platform and Services has been compromised or User Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.
14. Intellectual Property
Trademarks. Supy and the Supy logo (collectively, the “Supy Marks”) and Tasty Brand’s logos are trademarks or registered trademarks of each party . Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Services may be the trademarks of third parties. Neither use of the Services nor these Terms grant the parties any right, title, or interest in, or any license to reproduce or otherwise use, the Supy and Client’s Marks or any third-party trademarks, service marks, graphics, logos, or domain names. It is agreed that any goodwill in the Supy or Client’s Marks generated as a result of execution of this agreement will inure to the benefit of Supy or of the Client respectively, and the parties agree to assign, and do assign, all such goodwill to Supy or the Client. The parties shall not at any time, nor shall they assist others to, challenge Supy’s or the Client’s right, title, or interest in, or the validity of each party’s Marks.
Copyrighted Materials; Copyright Notice. All content and other materials available through the execution of this Agreement, including without limitation each party’s logo logos, design, texts, graphics, and other files, and their selection, arrangement, and organization, are either owned by each party or are the property of each party’s licensors and suppliers. Except as explicitly provided, neither execution of this Agreement nor these Terms grant the parties any right, title, or interest in any such materials.
Both parties may make changes to their agreement by providing ninety (90) days written notice. Any changes will be notified to either party by email. By continuing to use the Services after either party has been notified with any such change, both parties thereby accept and agree to the changes.
Disclaimers; Limitation of Liability
- No Warranties. Supy, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Supy nor its licensors or suppliers warrants that the Services will meet your requirements, or that the operation of the Services will be uninterrupted or error-free. Supy disclaims all implied liability for damages arising out of the furnishing of the Services pursuant to these Terms, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Services, whether caused by acts of commission or omission, or any other damage occurring. Supy shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Supy, Supy Parties or Users, or their agents or representatives.
- Your Responsibility for Loss or Damage; Backup of Data.
- You agree that your use of the Services is at your sole risk. You will not hold Supy or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Services may contain bugs, errors, problems, or other limitations.
- Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your Account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
- Limitation of Liability. In no event shall Supy or its licensors or suppliers be liable to you for any claims arising from your use with the Services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Supy or its licensors and suppliers arising out of or in connection with your use of the Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Supy and you. The Services would not be provided without such limitations.
- Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Supy or between you and any of Supy’s licensors and suppliers. Supy’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Services or otherwise shall alter any of the disclaimers or limitations stated in this section.
Your Representations and Warranties
You represent and warrant that your use of the Services will be in accordance with these Terms and any other Supy policies, and with any applicable laws or regulations.
Indemnity by You
- Without limiting any indemnification provision of these Terms, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Supy and the Supy Parties (collectively, the “Indemnitees”) from and against any and all claims including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Supy, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Supy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of these Terms, including without limitation any representation or warranty contained in these Terms; (iii) your access to or use of the Services; (iv) your provision to Supy or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
- The Indemnitees has the right, but not the obligation, to participate through counsel of Supy’s choice in any defense by you of any claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any claim without the prior written consent of concerned Supy Parties.