Welcome to Toyaja Inc. Thank you for showing your interest in Toyaja Inc. software products. Toyaja Inc. allows restaurant business users/owners to do restaurant management of their customers through its website www.toyaja.com or Toyaja Inc. Apps and other affiliated websites owned and operated by Toyaja Inc.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN Toyaja Inc.,(“WE”,”US”, “RESTOmPOS” OR “RESTO-ERP”) AND BY YOU (“VISITOR” OR “USER”). IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND YOUR COMPANY TO THIS AGREEMENT, AND THAT YOU HAVE READ AND UNDERSTOOD THE THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU OR YOUR COMPANY DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCEPT IT.
Due to routine maintenance or technical problems, but not limited to any reason the service may not be available. During your utilization of our service, you understand and acknowledge that access to the Service may be suspended, terminated, or interrupted. Toyaja Inc. is not liable for any damages out of your access to the Service (see limited liability below). Toyaja Inc. reserves all the rights to terminate accounts/service, refuse service and remove or edit the content of available on the Service including 3rd party content. You must be at least 18 years of age to use the Service. If you are at least age of 13 you may access the Service with the involvement of Parent or Guardian.
When you or user visit or use the Service or send e-mails to us, you should communicate with us electronically. This also implies you to receive communications from us electronically. Our communication with your will be by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
By providing your phone number to Toyaja Inc. you are opting-in to an SMS short code service, you consent to Toyaja Inc. using the phone number to send you SMS messages. Message and data rates may apply for any messages sent to you from us and to us from you.
All information included on the Service, including but not limited to text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively “Content”), is the property of Toyaja Inc. or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.
By using the Service, the User agrees not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property right. The User acknowledges that all content distributed is an original work or a template provided by Toyaja Inc.
Toyaja Inc. does not control materials made available via the Service by third parties and is under no obligation to scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Toyaja Inc. respects the copyright interests of others and does not permit materials known by us to infringe another party’s copyright to remain on the Service. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our COPYRIGHT COMPLAINTS PROCEDURE detailed below.
Toyaja Inc. and other Service graphics, logos, page headers, button icons, scripts, and service names present on the Service are trademarks, registered trademarks, or trade dress of Toyaja Inc. in the U.S. and/or other countries. All other trademarks not owned by Toyaja Inc. that appear on this Service are the property of their respective owners.
License and service access
Toyaja Inc. grants you a limited license to access and make use of the Service This license does not permit any resale or commercial use of the Service or its contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Service or its contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service or any part thereof for any commercial purpose without the express written consent of Toyaja Inc.. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You are prohibited from using any meta tags or any other “hidden text” utilizing the Service’s name or trademarks without the express written consent of Toyaja Inc. Any breach of the foregoing license terminates the license granted by Toyaja Inc.
Hypertext linking to Toyaja Inc. and the Service is permitted so long as the link does not portray Toyaja Inc., or its products and services in a false, misleading, derogatory, or otherwise offensive matter. Toyaja Inc. reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Toyaja Inc., adversely affects the goodwill of Toyaja Inc. or any trademark or service mark of Toyaja Inc. or its affiliates or content suppliers. You may not use any Toyaja Inc. logo or other proprietary graphic or trademark as part of the link without the express written permission of Toyaja Inc.
Service Use And User Conduct
The User may make use of email addresses and mobile telephone numbers during utilization of the Service for the purpose of affirming, engaging, notifying, thanking, marketing to, or otherwise communicating with guests during real-time operation of the Service. Any email address or mobile telephone number displayed, provided, or otherwise furnished in operation to the User by the Service is on a temporary basis only and the User may not record, save, add to any marketing list, or otherwise use such number or address outside of the Service. The Service may provide marketing and loyalty programs to the User that utilize the email addresses and mobile telephone numbers inputted by the User. Toyaja Inc. reserves the right to suspend the Service to any User that utilizes any email address or mobile telephone number inputted into the Service for any purpose outside of the Service, or in any way that is not legally compliant. Moreover, the User may not “capture” email addresses or mobile telephone numbers apart from any feature that may be included in the Service, and the User agrees not to transmit any message (whether email, text message [SMS], or other) to an end-recipient that has not expressly agreed to receive said messages (i.e. has not “opted-in”) or that has subsequently withdrawn from a list (i.e. has “opted-out”).
The Service may provide Users an opportunity to post reviews, comments, and other content; write and send communications (e.g., email, text message [SMS], etc…); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information, and materials. By writing, posting, commenting, interacting, sharing on social media or otherwise adding content or information to the Service (collectively “Submissions”), you grant Toyaja Inc. the right to copy, edit, publish, and distribute your Submissions.
Toyaja Inc. reserves the right (but not the obligation) to remove or edit your Submissions but does not regularly review posted content. You are solely responsible for your Submissions to the Service and communications (including email messaging and text messaging [SMS]) and agree that you will not hold Toyaja Inc. responsible or liable for any content from your or other users that you access on the Service. You further agree to use the Service only for lawful purposes.
The categories of prohibited content below are examples and are not intended to be exhaustive. Without limitation, you are prohibited from posting on the Service or transmitting through the Service (including via email or text message [SMS]), any content that:
is illegal or encourages conduct that would constitute a criminal offense;
is harmful, threatening, abusive, harassing, or defamatory;
is vulgar, obscene, or sexually explicit;
is profane or contains “masked” profanity (i.e. F#%@);
is hateful, discriminatory or promotes racism, bigotry, or physical harm of any kind against any group or individual;
is invasive of privacy;
infringes intellectual property rights or promotes illegal or unauthorized copying of another person’s copyrighted work;
is fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind.
You agree not to post or transmit to other users any content that contains:
software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; any advertising, promotional materials, 3rd-party services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, political campaigning, or any other form of solicitation for a business, campaign, or organization that is not directly owned by User of the Service. In the case that the User owns multiple restaurants or retail establishments that use the Service, the User may use the Service to transmit content about any of these establishments (e.g. at one restaurant location, User promotes another restaurant location that has recently opened).
User Account Obligations
To make use of features of the Service, you may require creating a user account. You agree to provide true, accurate, and current information about yourself when creating a user account. Also, you agree to maintain the confidentiality of your account and password restrict access to your computer and mobile device and accept the responsibility for all activities occur under your user account
You the User and other users created by you under your account are solely and exclusively responsible for keeping any login credentials confidential and limiting access to the account, including, without limitation, any use by any unauthorized third party, and are further responsible for changing login information (such as the password) to maintain continued confidentiality and limited access to your account. Toyaja Inc. will not be responsible for any losses arising out of the unauthorized use of the User’s username, password, and/or account and the Users agrees to indemnify and hold harmless Toyaja Inc., its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same.
The User may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to the origin of the User’s communication or other content. If the User provides any information that is untrue, inaccurate, or not current, Toyaja Inc. reserves the right to suspend or terminate the User’s account and refuse any and all current and future use of the Service. The User further agrees to immediately notify Toyaja Inc. of any unauthorized use of the User’s password or account or any other breach of security.
The User further agrees not to access the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or “bot”).
Toyaja Inc. may, from time to time, provide the User with statistical information relating to visitors to the use of the Service. The User may only use or disclose this information to a third party for internal record keeping. The User may not otherwise use this information and may not disclose this information to a third party including, but not limited to, for the purpose of reselling this information for profit.
If you chose to upgrade your Toyaja Inc. account as a paid service, here by you agree to pay all fees including taxes and charges associated with your account on timely basis. Toyaja Inc. reserves all the rights to suspend or terminate account access due to failure to pay applicable fees. The fees and prices subject to change and Toyaja Inc. reserve the right to modify or change fees or price without any notice to users associated with the Service. Any change in fees or prices shall not affect contractually agreed upon prices during the term of any such contract or agreement.
Amount once paid or credited into your account will not be refundable under any circumstances. The amount can be fully utilized till credit becomes zero or till subscription last date, whichever applicable.
Toyaja Inc. may make Service updates available to the users from time to time. The “Updates” means any updates, upgrades or error corrections to the service. The updates of the Service may at no cost or subject to additional fees is sole discretion of Toyaja Inc..
3rd Party Content
Toyaja Inc. may permit 3rd Parties to publish content on the Service or include 3rd Party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, and pricing and promotional information. Despite our best efforts, typographical and/or pricing mistakes may, on rare occasions, appear on the Service, and Toyaja Inc. cannot guarantee the price of any promotion or offer. Toyaja Inc. is not the publisher or owner of this content and assumes no liability therefore. Toyaja Inc. further assumes no liability whatsoever for third-party promotions and offers, including but not limited to third-party representations as to price, quality, value, or availability.
Toyaja Inc. makes no representations or warranties of its services, 3rd party hardware, or telecommunications networks utilized to provide the Toyaja Inc. services. Toyaja Inc. does not warrant that it services or information, content, or materials provided through the service are completely secure, uninterrupted or error free.
Limitation Of Liability
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
The User agrees to indemnify, defend and hold harmless Toyaja Inc., its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys’ fees arising from: any violation of these Terms; the User’s content, information and other materials that the User or anyone using the User’s account post on the Service or transmit to other users; the User’s use of information, content, materials and products (including software) made available by the Service, or; the User’s violation of any rights of another.
This Service may, on occasion, provide links to a third party’s website. These links allow you to leave the Service, and we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy statements of each and every third-party website that you visit. The linked web services are not under Toyaja Inc.’s control and Toyaja Inc. is not responsible for the contents of any linked website, or any link contained in a linked website. Toyaja Inc. is not responsible for examining or evaluating such web services, does not warrant or endorse them, and is not affiliated with the offerings, content, or practices of any third party web services.
By visiting the Service, you agree that these Terms shall be governed by and construed in accordance with the laws of the Government of India, without reference to its choice of law provisions.
Toyaja Inc. reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.
Copyright Complaints Procedure
Toyaja Inc’s Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Toyaja Inc., Legal Department
By email: email@example.com
Toyaja Inc. reserves the right to terminate the account of any User who is the subject of three or more notices of claimed copyright infringement as described above.
© Toyaja Inc., 2023. All rights reserved.
THESE TERMS ARE EFFECTIVE AS OF January 01, 2023