Laughing Monk Cafe Terms of Use 


We, Laughing Monk Cafe. ("Laughing Monk Cafe", "we", "our", or the "Company") welcome you ("User",

"You") to our online ordering and loyalty platform (the "Apps") platform and our

website at: http://www.laughingmonkcafe.com/ (the "Site"). Our company build mobile apps and

website, and is a mediator between the user and the restiarant. Users may use the App

and Site in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

By installing our Apps (either from Apple store, Google play or browsers) , entering to,

connecting to, accessing, or using the App and/or Site, You acknowledge that You have

read and understood the following terms of use including the terms of the Privacy

Policy available at [Privacy Policy] (the "Privacy Policy") (collectively, the "Terms")

and You agree to be bound by them and to comply with all applicable laws and

regulations regarding Your use of the App and/or Site and You acknowledge that these

terms constitute a binding and enforceable legal contract between Laughing Monk Cafe and You. IF

YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL THE

APP, ENTER TO, CONNECT TO, ACCESS, OR USE THE APP AND/OR SITE

IN ANY MANNER AND PROMPTLY ERASE THE APP AND ANY PART

THEREOF, FROM YOUR MOBILE PHONE AND DO NOT USE IT IN ANY

MANNER WHATSOEVER.

2. The Apps

The App provides online ordering and loyalty usable in various restaurants, and other

food and beverage establishments ("Food Establishment"). By using our Apps you can

order food, receive a variety of discounts and special offerings, and pay using credit

card.

Using credit cards for purchasing via our apps or websites through online payment

gateway. Upon completing such purchase, a confirmation will be sent to User's email

address, and the discount and order will be sent directly to the business.

In addition, the Food Establishments which we cooperate with may offer you via our

Apps special offerings and gifts tailored just for You (for example, free gift on Your

birthday, or special offerings currently available in the Food Establishments You like

most, or any other promotion). Such personalized offerings are optional, and are

available to You if you choose to share certain personal information with us. Additional

information on this matter is available in our Privacy Policy.

Please note that the App also allows you to submit anonymously feedbacks regarding

the goods and service quality offered in a Food Establishment. Such feedbacks will be

forwarded by us to the applicable Food Establishment.

PLEASE NOTE: LAUGHING MONK CAFE HOPES TO ENHANCE YOUR CUSTOMER EXPERIENCE

WITH A VARIETY OF FOOD ESTABLISHMENTS AND SAVE YOU MONEY WHEN YOU

PURCHASE IN SUCH FOOD ESTABLISHMENTS; HOWEVER, LAUGHING MONK CAFE DOES NOT,

EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER

ASSUME RESPONSIBILITY FOR ANY OF SUCH FOOD ESTABLISHMENTS AND FOR

ANY TORTS OR DAMAGES INCURRED TO USERS AS A RESULT OF, OR IN

CONNECTION WITH, FOOD AND BEVERAGES PURCHASED WITH LAUGHING MONK CAFE

CARDS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE APP AND

LAUGHING MONK CAFE CARDS AT YOUR OWN RISK AND EXPENSE, AND THAT LAUGHING MONK CAFE IS

NOT IN NO WAY RESPONSIBLE FOR THE PRODUCTS/SERVICES OFFERED OR SOLD

TO YOU IN FOOD ESTABLISHMENTS.

3. App Activation

Use the App and Site is entirely free of charge. You do not have to register in order to

use the App, visit the Site or purchase. However, upon downloading/registration our

Apps (include website) you might be asked to provide a phone number before you may

activate the App. We will then send You an SMS text (to the phone number you

provided us with) with a login number which You will be required to enter in the first

time registration to opt in your account.

Users may visit the Site and use our Apps anonymously, without opt-in, and order

online. Our platform will still keep the order information for accounting and financial

reasons. However, if a User wishes to receive special offerings and gifts tailored just

for him (for example, free gift on Your birthday, or special offerings currently available

in the Food Establishments You like most), and, if a user would like to save his credit

card information, then such User will have to opt-in to the platform and might share

with us certain personal information (such as, date of birth, etc.) during opt-in process

and registration.

Additional information on the abovementioned matters is available in our Privacy

Policy.

4. Use Restrictions

There are certain conducts which are strictly prohibited when using the App and/or Site.

Please read the following restrictions carefully. Your failure to comply with the

provisions set forth may result herein (at Laughing Monk Cafe's sole discretion) in the termination

of Your access to the App and/or Site and may also expose You to civil and/or criminal

liability. You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify,

adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion

of the content made accessible by Laughing Monk Cafe on or through the App and/or the Site,

including any information, videos, text, graphics, software programs used by Laughing Monk Cafe

in connection with the Site and/or the App, material, data obtained from or through this

Site, as well as any information relating to the Food Establishments (collectively, the

"Content"), or publicly display, reproduce, create derivative works from, perform,

distribute, or otherwise use such Content, other than as permitted under these Terms;

(ii) make any use of the Content on any other website or networked computer

environment for any purpose, or replicate or copy the Content without Laughing Monk Cafe's prior

written consent; (iii) create a browser or border environment around Laughing Monk Cafe Content

(no frames or inline linking); (iv) interfere with or violate any other Site or user's right

to privacy or other rights, or harvest or collect personally identifiable information about

users of the App and/or Site without their express consent, including using any robot,

spider, site search or retrieval application, or other manual or automatic device or

process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or

otherwise violate the legal rights of others; (vi) transmit or otherwise make available in

connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware,

or any other computer code, file, or program that may or is intended to damage or hijack

the operation of any hardware, software, or telecommunications equipment, or any

other actually or potentially harmful, disruptive, or invasive code or component; (vii)

interfere with or disrupt the operation of the App and/or Site, or the servers or networks

that host the App and/or Site or make them available, or disobey any requirements,

procedures, policies, or regulations of such servers or networks; (viii) sell, license, or

exploit for any commercial purposes any use of or access to the App and/or Content of

this Site; (ix) frame or mirror any part of this Site without Laughing Monk Cafe's prior express

written authorization; (x) create a database by systematically downloading and storing

all or any of the Content from this Site; (xi) forward any data generated from the App

and/or Site without the prior written consent of Laughing Monk Cafe; or (xii) use the App and/or

Site for any illegal, immoral or unauthorized purpose; (xiii) use the App and/or Site

and/or Content for non-personal or commercial purposes without Laughing Monk Cafe's express

prior written consent; (xiv) remove, or disassociate, from the Content any copyright,

trademark or other proprietary notices contained in such materials (such as ©, TM, or

®); or (xv) infringe or violate any of the Terms.

5. Minors

To enjoy the App, You must be over the age of thirteen (13). We reserve the right to

request proof of age at any stage so that we can verify that minors under the age

of thirteen (13) are not using the App. In the event that it comes to our knowledge that

a person under the age of thirteen (13) is using our Apps, we will prohibit and block

such User from accessing the App and will make all efforts to promptly delete any

Personal Information (as such term is defined in our Privacy Policy at [Privacy Policy])

with regard to such User.

6. Privacy Policy

Laughing Monk Cafe respects Your privacy and is committed to protect the information You share

with it. Laughing Monk Cafe believes that You have a right to know our practices regarding the

information Laughing Monk Cafe collects when You connect to, access or use the App and/or

Site. Our policy and practices and the type of information collected are described in

our Privacy Policy available at [Privacy Policy]. If You intend to connect to, access or

use the Site and/or App, You must first read and agree to the Privacy Policy.

7. License and Intellectual Property Rights

Laughing Monk Cafe hereby grants to You, and You accept, a personal, nonexclusive, non- commercial, non-sub licensable and fully revocable limited license to use the App on

your mobile phone solely for the limited purpose of using the App for your internal use

according with the terms contained in this Agreement.

The App, the Site, the Content and any and all intellectual property rights pertaining

thereto, including, but not limited to, inventions, patents and patent applications,

trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs

(including the "look and feel" of the Site), specifications, methods, procedures,

information, know-how, algorithms, data, technical data, interactive features, source

and object code, files, interface and trade secrets, whether or not registered or capable

of being registered (collectively, "Intellectual Property"), are owned and/or licensed

to Laughing Monk Cafe and subject to copyright and other applicable intellectual property rights

under Israeli laws, foreign laws and international conventions.

You may not copy, distribute, display, execute publicly, make available to the public,

reduce to human readable form, decompile, disassemble, adapt, sublicense, make any

commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other

software, translate, modify or create derivative works of any material that is subject to

Laughing Monk Cafe's proprietary rights, including Laughing Monk Cafe's Intellectual Property, either by

Yourself or by anyone on Your behalf, in any way or by any means, unless expressly

permitted in the Terms.

Laughing Monk Cafe has no obligation to provide support, maintenance, upgrades, modifications,

or new releases under this Agreement.

8. Trademarks and Trade names

"Laughing Monk Cafe", Laughing Monk CafeTM, Laughing Monk Cafe Company's marks and logos and all other proprietary

identifiers used by the Company in connection with Laughing Monk Cafe ("Company

Trademarks") are all trademarks and/or trade names of the Company, whether or not

registered. All other trademarks, service marks, trade names and logos which may

appear on the Site belong to their respective owners, including, without limitation, any

OF the suppliers of the Online Learning Products' trademarks and trade names ("Third

Party Marks"). No right, license, or interest to the Company Trademarks and/or to the

Third Party Marks is granted hereunder, and You agree that no such right, license, or

interest shall be asserted by You with respect to the Company Trademarks or the Third

Party Marks and therefore You will avoid using any of those marks, except as permitted

under these Terms.

9. Links to Third Party Websites

Certain links provided herein permit You to leave this Site and enter non- Laughing Monk Cafe

World Wide Web sites or resources including, without limitation, the suppliers of

the Online Learning Products. Those linked sites are provided solely as a convenience

to You. These linked sites are not under the control of Laughing Monk Cafe and it is not responsible

for the availability of such external sites or resources, and does not endorse and is not

responsible or liable for any content advertising, products or other information on or

available from such linked sites or any link contained in a linked site. Laughing Monk Cafe reserves

the right to terminate any link at any time. You further acknowledge and agree that

Laughing Monk Cafe shall not be responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with use of or reliance on any such

content, goods or services available on or through any such linked sites or resource.

Most of such linked sites provide legal documents, including terms of use and privacy

policy, governing the use of such sites. It is always advisable to read such documents

carefully before using those sites.

10. Availability

The App and/or Site's availability and functionality depend on various factors, such as

communication networks. Laughing Monk Cafe does not warrant or guarantee that the App and/or

Site will operate and/or be available at all times without disruption or interruption, or

that it will be error-free.

11. Changes to The App and/or Site

Laughing Monk Cafe reserves the right to modify, correct, amend, enhance , improve, make any

other changes to, or discontinue, temporarily or permanently, the App and/or Site (or

any part thereof) without notice, at any time. In addition, You hereby acknowledge that

the Content provided under this Site may be changed, extended in terms of content and

form or removed at any time without any notice to You. You agree that Laughing Monk Cafe shall

not be liable to You or to any third party for any modification, suspension, or

discontinuance of the App, the Site and/or the Content included in this Site.

12. Disclaimer and Warranties

LAUGHING MONK CAFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS

REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE

RESULTS OF THE USE OF THE APP AND/OR SITE AND/OR CONTENT

AVAILABLE ON THE SITE (INCLUDING BUT NOT LIMITED TO THAT THE

RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS).

THE CONTENT AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES

OR ERRORS. LAUGHING MONK CAFE DO NOT GUARANTEE THE ACCURACY OF, AND

DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES

RELATING TO THE DESCRIPTION OF THE FOOD ESTABLISHMENTS

DISPLAYED ON THIS SITE AND TO THE PRODUCTS AND SERVICES

OFFERED BY THE DIFFERENT FOOD ESTABLISHMENTS (INCLUDING,

WITHOUT LIMITATION, THE PRICING, THE TASTE, THE SERVICE OFFERED

BY THE FOOD ESTABLISHEMENT ETC.). LAUGHING MONK CAFE DOES NOT ENDORSE

OR RECOMMAND ANY OF THE FOOD ESTABLISHMENTS THAT OFFER

THROUGH THE APP. LAUGHING MONK CAFE MAKES NO REPRESENTATIONS THAT THE

INCLUSION OR OFFERING OF ANY OFFERED THROUGH THE APP

CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF THE

RELEVANT FOOD ESTABLISHMENTS.

THE APP, THE SITE, , AND/OR THE CONTENT ARE ALL PROVIDED ON AN

"AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR

QUALITY OF APP, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR

IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE OR USE.

LAUGHING MONK CAFE DISCLAIMS AND MAKES NO REPRESENTATIONS OR

WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY,

RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS,

USEFULNESS, OR EFFECTIVENESS OF THE APP, THE SITE, THE LAUGHING MONK CAFE

CARDS AND/OR THE CONTENT AND THE USE OF THE SITE AND/OR THE

APP. THE USE OF THE APP, THE SITE, THE LAUGHING MONK CAFE CARDS AND/OR THE

CONTENT ARE ENTIRELY AT YOUR OWN RISK AND LAUGHING MONK CAFE SHALL

HAVE NO LIABILITY RELATING TO SUCH USE.

LAUGHING MONK CAFE DOES NOT WARRANT THAT THE OPERATION OF THE APP

AND/OR SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE,

UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS,

OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, THE

SITE, THE LAUGHING MONK CAFE CARDS AND/OR THE CONTENT ARE ENTIRELY

AT YOUR OWN RISK.

13. Limitation of Liability

IN NO EVENT SHALL LAUGHING MONK CAFE, INCLUDING ITS OFFICERS, DIRECTORS,

SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE

LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN

CONNECTION WITH YOUR USE OF THE APP, THE SITE, THE LAUGHING MONK CAFE

CARDS, AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY

DAMAGES ARISING FROM FOOD OR DRINK PURCHASED AT A FOOD

ESTABLISHMENT USING LAUGHING MONK CAFE CARDS, POOR SERVICE OFFERED AT

A FOOD ESTABLISHMENT WHICH OFFERS LAUGHING MONK CAFE CARDS, ETC.),

INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN

AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS

RESULTING FROM OR ARISING OUT OF THE APP, THE CONTENT, THE

LAUGHING MONK CAFE CARDS AND/OR SITE, OR THE USE OR INABILITY TO USE THE

APP AND/OR SITE, OR FAILURE OF THE APP AND/OR SITE TO PERFORM AS

REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE

PERFORMANCE OR FAILURE OF LAUGHING MONK CAFE TO PERFORM UNDER THESE

TERMS, ANY OTHER ACT OR OMISSION OF LAUGHING MONK CAFE BY ANY OTHER

CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY,

BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER

LEGAL THEORY, REGARDLESS OF WHETHER LAUGHING MONK CAFE HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to defend, indemnify and hold harmless Laughing Monk Cafe from and against any and

all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including

but not limited to attorney's fees) arising from: (i) Your use of the App, the Content, the

Laughing Monk Cafe Cards and/or Site; (ii) Your violation of any term of these Terms; (iii) any

damage of any sort, whether direct, indirect, special or consequential, You may cause

to any third party which relates to Your use of the App and/or Site (including Your

violation of any third party rights); and (iv) any claims for damages arising out of any

decision made or action taken or not taken in reliance on the Content contained on the

Site.

15. Payment

Laughing Monk Cafe accepts credit cards through payment gateways which enables you to send

payments securely online. Laughing Monk Cafe is not affiliated with any Payment Gateway, as each

is an independent contractor, and neither is the agent or employee of the other, and

neither is responsible in any way for the actions or performance (or lack thereof) of the

other. Use of credit card information is on your sole discretion and sole liability.

16. Amendments to the Terms

Laughing Monk Cafe may change the Terms from time to time, at its sole discretion and without

any notice. We will notify regarding substantial changes of these Terms on the

homepage of the Site and/or we will send You an e-mail regarding such changes to the

e-mail address that You provided us. Such substantial changes will take effect seven (7)

days after such notice was provided on our website or sent by email. Otherwise, all

other changes to these Terms are effective as of the stated "Last Revised" date and your

continued use of the Site and/or App after the Last Revised date will constitute

acceptance of, and agreement to be bound by, those changes.

17. Termination of Your Account and Termination of Site's operation

At any time, Laughing Monk Cafe may block Your access to the App, the Site and/or temporarily

or permanently limit, suspend or terminate Your Account, for any reason, at its sole

discretion, in addition to any other remedies that may be available to Laughing Monk Cafe under

any applicable law. Such actions by Laughing Monk Cafe may be taken if Laughing Monk Cafe deems that You

have breached any of these Terms in any manner.

Additionally, Laughing Monk Cafe may at any times, at its sole discretion, cease the operation of

The App and/or Site or any part thereof, temporarily or permanently, without giving

any prior notice. You agree and acknowledge that Laughing Monk Cafe does not assume any

responsibility with respect to, or in connection with the termination of The App and/or

Site operation and loss of any data. The provisions of the Intellectual Property Rights,

Disclaimer and Warranties, Limitation of Liability, Indemnification and General

sections,will survive the termination, or expiration of the Terms.

18. General

These Terms do not, and shall not be construed to create any partnership, joint venture,

employer-employee, agency, or franchisor-franchisee relationship between the parties

hereto. Any claim relating to this Site or use of this Site will be governed by and

interpreted in accordance with the laws of the State of Israel, without reference to its

conflict-of-laws principles. Any dispute arising out of or related to Your use of this Site

will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the

competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is

found to be unlawful, void, or for any reason unenforceable, then that provision will be

deemed severable from these Terms and will not affect the validity and enforceability

of any remaining provision. You may not assign, sublicense or otherwise transfer any

or all of Your rights or obligations under these Terms without Laughing Monk Cafe's prior express

written consent. No waiver by either party of any breach or default hereunder will be

deemed to be a waiver of any preceding or subsequent breach or default. Any heading,

caption or section title contained herein is inserted only as a matter of convenience, and

in no way defines or explains any section or provision hereof. These Terms are the

entire terms and conditions between You and Laughing Monk Cafe relating to the subject matter

herein and supersedes any and all prior or contemporaneous written or oral agreements

or understandings between You and Laughing Monk Cafe. Notices to You may be made via email

or regular mail. This Site may also provide notices of changes to these Terms or other

matters, by displaying such notices or by providing links to such notices. Without

limitation, You agree that a printed version of these Terms and of any notice given in

electronicform shall be admissible in judicial or administrative proceedings based upon

or relating to these Terms to the same extent and subject to the same conditions as other

business documents and records originally generated and maintained in printed form.

19. For information, questions or notification of errors, please contact:

If You have any questions (or comments) concerning the Terms, You are most

welcomed to send Laughing Monk Cafe an email at: support@laughingmonkcafe.com, and Laughing Monk Cafe will make

an effort to reply within a reasonable timeframe.
 

© 2019 Laughing Monk Cafe