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Terms of service

Terms and Conditions of Use

1. Terms

By accessing or using this website, merchant application, consumer application, or mobile application  associated with Maillard Coffee Roasters INC  or making any purchases on or through the Site, you agree:

• to be bound by these Terms and Conditions of Use;
• you are, and shall remain, responsible for compliance with all applicable laws and regulations; and
• that if you are agreeing to be bound by these Terms and Conditions of Use on behalf of your employer or other entity, you represent and warrant to Maillard Coffee Roasters that you have legal authority to bind that entity to these Terms and Conditions of Use.

If you do not agree with any of the terms and conditions herein, you must forego using or accessing the Site. The Privacy Policy is incorporated herein by reference and forms an integral part of this agreement. As described more fully below, the materials contained in this Site are protected by applicable copyright and trademark law.

1. Our Services

Maillard Coffee Roasters may, from time to time, promote and provide you the opportunity to redeem unique promotional codes for discounts on products, goods, and services provided by local vendors and merchants (“Promotional Codes”). You understand and agree that your redemption of Promotional Codes shall be subject to the terms, conditions, and limitations set forth in conjunction with the Promotional Code. You understand and agree that Maillard Coffee Roasters and its local vendors and merchants are under no obligation to provide any Promotional Codes and that any Promotional Codes provided may be only available for a limited time. The Promotional Codes are subject to modification or cancellation at any time. The Promotional Codes may be limited to a one-time use and may be limited to qualifying products, goods, or services. The Promotional Codes are non-transferable and may not be resold. The Promotional Code must be redeemed at the time you place your order; Promotional Codes may not be redeemed retroactively for prior purchases or orders. You must agree to, and abide by, these Terms and Conditions of Use in order to be eligible to use the Promotional Codes. Promotional Codes may not be redeemed for cash or cash equivalents.

3. Maillard Coffee Roasters grants you permission to temporarily use the materials, information, and software on this Site (“Materials”) so long as you use the Materials as permitted by your merchant agreement or for personal, non-commercial (except for transacting via the Site) transitory viewing only. You agree and acknowledge this is the grant of a license, not a transfer of title, and under this license you may not:
4. modify or copy the Materials;
5. use the Materials for any commercial purpose except as permitted herein, or for any public display (commercial or non-commercial);
6. attempt to decompile or reverse engineer any Materials or the Site;
7. knowingly upload any files that contain software viruses or other harmful computer code;
8. use the Materials or the Site to send unauthorized messages including spam, to harass or engage in illegal conduct, or to induce others by means of deceit or fraud to transact via the Site;
9. interfere with the operation of Maillard Coffee Roaster’s web servers, website, merchant application, consumer application, computers, or network connections;
10. remove any copyright or other proprietary notations from the Materials; or
11. transfer the Materials to another person or “mirror” the Materials on any other server.
12. This license shall automatically terminate if you violate any of the above restrictions or any other term or condition of this Terms and Conditions of Use policy, and Maillard Coffee Roasters reserves the right to terminate your viewing or use of the Materials, or the use of this Site, at any time. Upon terminating your viewing and use of the Materials, or upon the termination of your license, you must delete any Materials in your possession whether in electronic or printed format. If you do not delete all Materials in your possession upon termination of this license, or upon termination of your viewing and use of the Materials, you will be in breach of this Terms and Conditions of Use policy and Maillard Coffee Roasters may take appropriate actions, including but not limited to legal action.
13. Ownership

The Materials and the Site consist of copyrighted works owned by Maillard Coffee Roasters. Subject to the license granted to you and other users, Maillard Coffee Roasters reserves all other rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Materials. Maillard Coffee Roasters has created, owns, has licensed, or otherwise has rights to use all of the content that appears in the Materials. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Materials.

15. When you use the Site to purchase goods and services, you may get rewarded for your loyalty. If you do not make a purchase on the Site within six (6) months of a previous purchase on the Site, any previous purchase or purchases shall expire and will not be applied towards the accrual needed to obtain a Reward. After receiving a Reward, you have one (1) year to redeem an awarded Reward before the Reward expires, except where the law prohibits expiration of such rewards.
16. Account Funds

You may deposit money, of any currency, in any value greater than twenty-five dollars ($25 USD) into your account to be used at any Maillard Coffee Roasters location (“Account Funds”). We shall hold all Account Funds in an escrow account until you choose to use the Account Funds, upon which the requested Account Funds will be released for you to use toward your purchase. Your Account Funds may be eligible for certain discounts, offers and/or rewards depending on the total balance in your account and funds spent. Account Funds on their own are not eligible for Rewards unless spent.

We collect data necessary to process your payment such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by a secure third-party payment gateway. We do not store your payment information, and we only share that information with our secure third-party payment gateway in order to process the payments  required for your account.  Maillard Coffee Roasters cannot guarantee the accuracy of payment information, which is the responsibility of the parties, and cannot be responsible for delay or interruption of payments due to inaccurate information. When you provide payment information to the Site, you consent to transactions initiated by you and enabled by the Site. Payment features are enabled through our secured third-party payment gateway, Stripe, which may request additional payment information from time-to-time to enable certain features of the Site, which features may become unavailable if you do not provide such additional information.

Because orders, payments and rewards incorporate Stripe services, by using the Site, you also agree to be bound by Stripe’s Terms and Conditions and Privacy Policies, available at: https://stripe.com/us/connect-account/legal.

17. Disclaimer

The Materials on Maillard Coffee Roaster’s Site are provided “as is with all faults,” without warranty of any kind, and Maillard Coffee Roasters hereby disclaims all warranties and conditions with respect to the Materials whether expressed or implied. Maillard Coffee Roasters hereby expressly disclaims any implied warranties or title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Maillard Coffee Roasters does not warrant against interference with your enjoyment of the Site, the availability of content, that the functions of the Site will meet your requirements, that the Site is free of viruses or other harmful components, that the operation of the Site will be uninterrupted or error-free, that defects in the Site will be corrected, or that the functions contained in the Site will function with other websites, merchant applications, consumer applications, or mobile applications. No oral or written information or advice given by Maillard Coffee Roasters or an authorized representative shall create a warranty. If a jurisdiction does not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, then the above exclusion will not apply. Maillard Coffee Roasters does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Site, or otherwise relating to such Materials or on any websites or applications linked to this Site.

18. Limitation of Liability

To the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Maillard Coffee Roasters or its agents, officers, directors, employees, successors, assigns, or affiliates be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, lost data, damaged data, inaccurate data, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of, or related to, your use or inability to use the Site or your consumption or order of coffee products or goods, however caused, regardless of the theory of liability (tort, contract, or otherwise) and even if Maillard Coffee Roasters has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability on implied warranties, or limitations of liability for consequential or incidental damages, so these limitations may not apply to you. In no event shall Maillard Coffee Roaster’s total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of monies paid for your access to the Site. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

19. Indemnification

By accessing this Site you hereby agree to indemnify, hold harmless, and defend Maillard Coffee Roasters, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand, or liability, including without limitation, reasonable costs and attorneys’ fees, which arise or result from your use of the Site, your order or consumption of products or goods, your breach of this Terms and Conditions of Use policy, or your unauthorized use of the Site.

20. No Price Guarantees

Maillard Coffee Roaster’s encourages to honor the prices posted on the Site. However, you hereby understand and agree that Maillard Coffee Roasters may increase the prices at any time.

You will be charged a $0.35 transaction fee for every product you order. This transaction fee will be listed as a line item upon confirming your order. This fee can be avoided by uploading funds in the amount of at least $25 – see Section 7 for more details on uploading funds.

21. Revision of Terms and Conditions of Use

Maillard Coffee Roasters may revise these Terms and Conditions of Use for Site at any time without notice. By using this Site you hereby agree to be bound by the then current version of these Terms and Conditions of Use. You do not have the right to modify this Terms and Conditions of Use policy with Maillard Coffee Roaster’s prior written consent.

22. Governing Law, Jurisdiction, Venue, and Attorneys’ Fees

Any action, claim, suit, dispute, or proceeding relating to Maillard Coffee Roaster’s Site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. All actions, claims, suits, disputes, or proceedings shall be brought in the federal or state courts in the State of New York . You hereby irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and state courts in the State of New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of New York and to the venue of any such action, claim, suit, dispute, or proceeding brought in any federal or state court in the State of New York. If you breach any of the terms or conditions of this Terms and Conditions of Use policy, you hereby agree to pay all reasonable attorneys’ fees incurred by Maillard Coffee Roasters in enforcing the terms and conditions of this Terms and Conditions of Use policy. The attorneys’ fees shall be paid by you irrespective of any damages recovered or relief afforded to Maillard Coffee Roasters.

23. Waiver

No waiver of any term, provision, or condition of this Terms and Conditions of Use policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate, disclose, and make use of Personal Information. If you do not agree with the terms of this Privacy Policy, do not use our website, mobile application, merchant application, or consumer application. Your continued use of our website, mobile application, merchant application, or consumer application constitutes your express informed consent and agreement to your personal data being processed pursuant to this Privacy Policy. Capitalized terms in this Privacy Policy have the meaning given, unless they are not defined, in which case they have the meaning given in the Terms and Conditions of Use.
The following outlines our Privacy Policy:

1. Types of Information Collected
   • Before or at the time of collecting Personal Information, we will identify the purposes for which information is being collected.
   • We will collect Personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned The Personal Information collected is stored and managed on servers and third-party hosting services.

• • By navigating the Site, certain non-personally identifiable information such as your IP address will be collected by our servers. We will use industry standard practices in collecting this non-personal information and this Privacy Policy discloses our practices with regards to cookies.
  Navigational Information and UDID. If you are visiting or using the Site, we may automatically collect “Navigational Information”, such as your IP address, the date and time of the visit and how long you remained on our Site, the referral URL, the pages visited on our Site and information about the device and browser (such as, browser type and version and operating system).. In addition to the information we collect on our Site, we may also collect your city location, device model and version, device identifier (or “UDID”), and OS version. This information is primarily needed to maintain the security and operation of our Services, and for Our internal analytics and reporting purposes. We do not sell this information to any third-parties, vendors, partners or affiliates.
• • There are areas on our website, mobile application, merchant application, or consumer application where you can share information that is unique to an individual, such as your name, phone number, email address, and credit card information (“Personal Information”). We ask for this information in order to deliver requested services and products to you, respond to your questions, or deliver a product. If you communicate with us by email or complete online forms, we may require Personal Information that personally identifies you.
  Payment Information. When you sign up to use the Site, we may collect data necessary to process payments associated with a purchase or order. Payment information may include your payment instrument number (such as a credit card number), and the security code associated with Your payment instrument. All payment data is stored by a secure third-party payment gateway, such as Stripe. You may find Stripe’s privacy policy link(s) here https://stripe.com/privacy.

Online Identifiers. Like many businesses, we may also collect information through cookies and similar technologies. We collect devices, cookie identifiers, or others such as the ones used for analytics and marketing, and other similar data. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services. To opt-out of interest-based advertising by advertisers visit http://www.aboutads.info/choices/.
Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. We do not sell this data with any third party or affiliate, and will only use this information according to this Privacy Policy.

All of the above information is considered Personal Information.

• • We do not knowingly solicit or collection information (including Personal Information) from anyone under 13 years of age. The use of our website, mobile application, merchant application by anyone under 13 years of age is prohibited. We ask that anyone under 13 years of age not submit information to us. Parents can contact us to access, change, or delete the Personal Information that has been submitted by a child.

1. Use of Personal Information Collected
   • We will collect and use Personal Information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain your consent or as otherwise required by law.
   • We may use Personal Information you provide to customize your experience on our Site.
   • We will only retain Personal Information as long as necessary for the fulfillment of those purposes.
   • We will protect Personal Information by taking reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
   • We may share your information if we sell or buy subsidiaries or business units. In such transactions, customer information may be one of the transferred business assets. However, all Personal Information will remain subject to the obligations made under any pre-existing Privacy Policy unless you are notified otherwise.
   • We may share your Personal Information if we have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or our property ; (iii) enforce this Privacy Policy or our Term and Conditions of Use policy; (iv) protect the interests of other users of our website, mobile application, merchant application, or consumer application or any other person; or (v) operate or conduct maintenance and repair of our website, mobile application, merchant application, or consumer application.
   • We may share your Personal Information to affiliates and trusted business partners with which we partner.
2. When will information be shared?
   a. We Never Sell Your Data. Most importantly, we do not sell, share your Personal Information or any personally identifiable information with any entity or person, except as expressly described in this Privacy Policy or when we have a legal basis to do so, for instance with your prior written consent or a court order.
   b. Service Providers and Affiliates.
   i. We reserve the right to disclose parts or all of the Personal Information that we collect about you to service providers and affiliates who assist us in our business purpose either through partnerships, affiliations, contractors, and/or licensors. Some service providers and contractors used on our Site include, without limitation, processing payment services, analytics services, customer support services, internal administrative services, marketing, CRM, communications, maintenance of the Site, and providing business services to us or to you. In all cases where we share Data with such partners, affiliates, and service providers, we explicitly require them to acknowledge and adhere to our Privacy Policy and customer data handling policies. Such third parties are prohibited from using any Personal Information except for these stated purposes, and they are required to maintain the confidentiality of your data.
   ii. We and our affiliated entities may share information with third-party data controllers, law enforcement agencies and potential transaction partners where we and our affiliated entities have a legal basis to do so.
   c. By Law or Protected Right.
   i. We may disclose part or all Personal Information collected through the Site, if (1) required by law; (2) if we believe that disclosure is necessary to comply with the law; (3) to enforce our intellectual property rights; (4) to protect the rights, property or safety of us and our employees or agents; and (5) if necessary to defend against third-party claims. We may also disclose Personal Information collected on the Site when requested to comply with a court order, investigation, or governmental request. We will notify you of such use, either by a notification on the Site or by email to you.
   d. Business Transfers.
   i. If we go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your Personal Information. You further acknowledge and consent to the continued use of your Personal Information by the recipient, so long as they comply with this Privacy Policy or a similar policy. In this event, you will be notified via email and/or a prominent notice on our Site, of any change in ownership or business transfer, use of your Personal Information, and the choices you may have regarding your Personal Information.
   e. Vendors, Consultants and Third-Party Service Providers.
   i. We may share your Personal Information with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts, and communications. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Privacy Policy, we do not share, sell, rent or trade any of your Personal Information with third parties for their promotional or commercial purposes. We have contracts in place with our data processors that ensure they safeguard your Personal Information. This means that they cannot do anything with your Personal Information unless we have instructed them to do it or if they have a legal basis. They will not share your Personal Information with any organization apart from us. They will hold it securely and retain it for the period we instruct or required by law. However, we are not responsible for the privacy practices other content and/or services operated by third parties that are linked to or integrated with the Site, or for the privacy practices of any third party. Our provision of such third-party links, content and/or services does not constitute our endorsement of these third parties, their content, their owners, or their practices. Once you leave the Site via such a link, access a third party application, or click on a third party offer, you should check the applicable privacy policy of the third party or advertiser website to determine, among other things, how they will handle any Personal Information they collect from you.
3. Third-party Privacy Policies
   • Our Site may contain links to other websites, mobile applications, merchant applications, or consumer applications. We do not have control over the use of such other websites, mobile applications, merchant applications, or consumer applications and you should exercise caution when deciding to disclose Personal Information on these other websites, mobile applications, merchant applications, or consumer applications. We are not responsible for the privacy policies, practices, or other content of other websites, mobile applications, merchant applications, or consumer applications.
4. Changes to Privacy Policy
   • We reserve the right to change this Privacy Policy at any time by posting the revised Privacy Policy on our website, mobile application, merchant application, or consumer application. Changes to our Terms and Conditions of Use policy and Privacy Policy are effective immediately upon posting. Changes to our Terms and Conditions of Use policy and Privacy Policy will govern your use of our website, mobile application, merchant application, or consumer application, even if you do not receive notice of changes. We recommend you check this Privacy Policy frequently to stay abreast of any changes.
5. Transactions
   • By placing and receiving orders on our website, mobile application, consumer application, or merchant application, you also agree to be bound by Stripe’s Terms and Conditions, available at: https://stripe.com/us/connect-account/legal. If you want your credit card information to be deleted from Stripe, please contact us.
   We are committed to conducting our business in accordance with these principles in order to ensure that confidentiality of Personal Information is protected and maintained. If you have any questions or concerns about our Privacy Policy, please send us an email at info@maillardcoffeeroasters.com .
6. Who will your information be shared with?
   We may share and disclose your Personal Information with the following third parties, vendors, contractors and affiliates solely for the purposes of providing and improving the Site.
   a. Payment Processing: Stripe. We use this service to process payments associated with your account. We use a secure third-party payment gateway. Further we do not store your payment information.
7. How do we keep your information safe?
   a. We are committed to protecting your Personal Information and we implement appropriate administrative, technical, and physical safeguards designed to safeguard the information that we collect. For instance, we encrypt all data when in transit. However, no information system can be 100% secure. This means that we cannot guarantee the absolute security of your Personal Information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the internet and wireless networks, or the data that is stored on your device. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Site is at your own risk. You should only access the services within a secure environment.
8. Data Breach: We will comply with all applicable federal and state laws that require notification to individuals, entities, state agencies, or federal agencies in the event of a data breach. When we reasonably suspect and/or become aware of a disclosure or security breach concerning any Personal Information, we will notify the affected individual immediately and mitigate the damage of such security breach to the greatest extent possible. We further agree that we will fully cooperate, and assist as specifically requested. In the event of an actual data breach or the unauthorized access or disclosure of any sensitive or personal data, we will notify you in writing as soon as possible outlining the following information:
   i. What happened (date of breach is possible, or estimated date of incident, or the date range within which the breached occurred);
   ii. What information was involved (list the type of Personal Information);
   iii. What we are doing to help resolve or mitigate the issue (and if there was any delay in providing this notice due to law enforcement investigation);
   iv. What you can do to help us;
   v. How you can get more information or contact us;
   vi. Information about what we have done to protect individuals whose information has been breached;
   vii. Advice on steps that the person whose information has been breached may take to protect himself or herself; and

viii. Information about the steps we have taken to cure the breach and the estimated timeframe for such cure.