Introduction

Welcome to Aftahours Inc. (“Company”, “we”, “our”, or “us”). This Privacy Policy governs how we collect, use, disclose, and safeguard your information when you access our website and use our services (“Services”). This document is designed to protect your privacy while ensuring compliance with applicable data protection laws, including Delaware statutes. By using our Services, you agree to the practices described herein. This policy applies to all users, including customers, partners, and visitors, and sets out our practices regarding data handling and security.

Information We Collect

Personal Data

We may collect personally identifiable information (“Personal Data”) directly from you or from third parties as necessary to provide our Services. This includes, but is not limited to:

• Identification Information: Name, date of birth, email address, telephone number, and mailing address.
• Financial Information: Payment details, billing address, credit card numbers, and transaction history.
• Account Information: Username, password, and profile information.
• Order Information: Details of your orders, preferences, and service feedback.

Non-Personal Data

We also gather non-identifiable information automatically as you interact with our Services:

• Technical Data: IP address, browser type, operating system, device identifiers, and geolocation data.
• Usage Data: Pages visited, links clicked, session duration, and navigation paths.
• Analytics Data: Aggregated data used to analyze trends and usage patterns.

Cookies and Tracking Technologies

We use cookies, web beacons, and similar technologies to personalize your experience and collect data about your usage patterns. This information helps us optimize our website functionality and tailor content to your preferences. Detailed cookie practices and opt-out mechanisms are explained in our Cookie Policy.

Use of Your Information

We use the information we collect for multiple purposes, including:

• Provision and Improvement of Services: Processing transactions, maintaining your account, and enhancing our platform functionality.
• Customer Support: Addressing inquiries, troubleshooting issues, and providing customer assistance.
• Marketing and Communications: Sending newsletters, promotions, and updates, subject to your consent where applicable.
• Legal and Regulatory Compliance: Meeting our legal obligations, responding to legal requests, and enforcing our policies.
• Security and Fraud Prevention: Monitoring for unauthorized activity, protecting user data, and maintaining system integrity.
• Business Analytics: Analyzing trends and user behavior to improve service offerings and user experience.

Sharing and Disclosure of Information

Third-Party Service Providers

We may share your data with trusted third-party service providers who perform functions on our behalf, such as payment processing, data analytics, email delivery, and customer support. All such providers are contractually bound to adhere to strict confidentiality and security standards.

Legal Obligations and Disclosures

Your information may be disclosed when required by law, regulation, or legal process. We will also disclose information if we believe in good faith that such disclosure is necessary to protect our rights, the safety of users, or to comply with legal proceedings.

Business Transfers

In the event of a merger, acquisition, or sale of company assets, your information may be transferred to the new entity. We ensure that any successor entity is bound by similar privacy obligations.

Publicly Available Information

Any information you voluntarily post on public forums or social media may be visible to other users. We are not responsible for the privacy practices of third parties or external sites.

Data Security

We employ robust security measures, including encryption, firewalls, and secure access protocols, to protect your data from unauthorized access, disclosure, alteration, or destruction. Regular audits and updates to our security practices help maintain data integrity. However, no system is completely secure, and we cannot guarantee absolute security.

Your Rights and Choices

Access and Correction

You have the right to access, review, and update your Personal Data. If you notice any inaccuracies or wish to make changes, please contact us using the details provided in Section 11.

Data Deletion and Portability

Subject to legal obligations, you may request deletion or a copy of your data in a commonly used format. Please note that certain information may be retained as required by law or for legitimate business purposes.

Consent and Withdrawal

Where your data is processed based on consent, you have the right to withdraw consent at any time, which may affect your ability to use certain services.

Rights Under Data Protection Laws

Depending on your location, you may have additional rights under applicable data protection laws (such as GDPR or CCPA). Please contact us for guidance on how to exercise these rights.

International Data Transfers

Your data may be stored and processed in countries outside your own. We take steps to ensure that your information receives an adequate level of protection consistent with this Privacy Policy, including the use of standard contractual clauses or other safeguards.

Children’s Privacy

Our Services are intended for users who are at least 13 years old (or older if required by local law). We do not knowingly collect Personal Data from children without parental consent. If you believe that we have inadvertently collected such data, please contact us immediately for removal.

Data Retention

We retain your Personal Data only as long as necessary to fulfill the purposes outlined in this policy or as required by law. Data retention periods may vary based on the nature of the information and legal obligations.

Updates to this Privacy Policy

We may update this Privacy Policy periodically. Any material changes will be communicated via our website and/or through direct notifications. The updated policy will include a revised effective date, and continued use of our Services will indicate your acceptance of the changes.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Aftahours Inc.
173 Weeden Street, Pawtucket, Rhode Island, 02860
Email: [email protected]
Phone: +1 (857) 636-1575

Acceptance of Terms

By accessing or using the Aftahours Inc. website and its associated services (“Services”), you agree to be bound by these Terms of Use (“Terms”). These Terms constitute a legally binding agreement between you and Aftahours Inc. If you do not agree to these Terms, please discontinue using our Services immediately. Your continued use indicates your acceptance of any future modifications.

Eligibility

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Engaging in any activity that violates local, state, federal, or international laws.
• Interfering with or disrupting the integrity or performance of our Services.
• Attempting to gain unauthorized access to our systems or any user accounts.
• Uploading, transmitting, or distributing malicious code or harmful software.
• Using our Services to harass, defame, or harm others.

Intellectual Property Rights

All content on our website, including text, graphics, logos, images, audio clips, and software, is the property of Aftahours Inc. or its licensors and is protected by intellectual property laws. You are granted a limited, non-transferable license to use the content solely for personal, non-commercial purposes. Any unauthorized use, reproduction, or distribution of our content is strictly prohibited and may result in legal action.

User Content

Submission Guidelines

Users may submit reviews, feedback, or other content (“User Content”) to our Services. By submitting User Content, you warrant that:

• You own the rights to the content or have obtained the necessary permissions.
• The content does not violate any third-party rights or applicable laws.
• The content is not defamatory, obscene, or harmful.

License to Use User Content

You grant Aftahours Inc. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, display, reproduce, distribute, and create derivative works from your User Content in connection with our Services.

Moderation and Removal

We reserve the right to remove or modify any User Content that violates these Terms or is deemed inappropriate in our sole discretion. We are not obligated to provide any notice prior to removal.

Specific Business Clauses

Responsibility for Sales Tax Filings

Aftahours Inc. clearly states that all responsibility for the calculation, filing, and remittance of sales taxes rests solely with the Merchant/Restaurant using our platform. Our platform is provided as a service, and we do not assume any liability or obligation for sales tax compliance.

No Refunds Policy

Meals delivered in good condition are final sale and non-refundable. By placing an order, you acknowledge and agree that once the meal is delivered and confirmed to be in acceptable condition, no refunds will be provided. This policy is strictly enforced to ensure clarity and consistency in our service delivery.

Disclaimer of Warranties

Our Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. Aftahours Inc. disclaims, to the fullest extent permitted by law, any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free operation of our Services, and you acknowledge that any reliance on our Services is at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Aftahours Inc. and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of or inability to use our Services. This limitation applies to all claims, including those based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Aftahours Inc. from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use or misuse of our Services.
• Any violation of these Terms.
• Any infringement of any intellectual property or other rights of any person or entity.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under these Terms will be resolved as follows:

• Good Faith Negotiations: Parties agree to attempt to resolve disputes amicably through direct negotiation.
• Binding Arbitration: If disputes cannot be resolved through negotiation, they shall be submitted to binding arbitration in Delaware in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
• Exclusive Jurisdiction: For any legal actions not subject to arbitration, you agree that the state and federal courts located in Delaware shall have exclusive jurisdiction.

Modification of Terms

Aftahours Inc. reserves the right to change, modify, or update these Terms at any time without prior notice. Any such modifications will be posted on our website and become effective immediately upon posting. Your continued use of the Services following the posting of changes constitutes your acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal under applicable law, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to reflect the original intent of the parties as closely as possible.

Entire Agreement

These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Aftahours Inc. regarding your use of the Services and supersede all prior understandings or agreements, whether written or oral, relating to the subject matter herein.

Contact Information

If you have any questions, concerns, or require further clarification regarding these Terms, please contact us using the following methods:

Aftahours Inc.
173 Weeden Street, Pawtucket, Rhode Island, 02860
Email: [email protected]
Phone: +1 (857) 636-1575

Introduction

This Merchant Terms of Use Agreement ("Agreement") is entered into between Aftahours Inc. ("Company," "we," "our") and the merchant partner ("Merchant," "you") and governs the use of our platform for facilitating food orders and related services. By accessing or using our services as a Merchant, you agree to comply with and be bound by the terms and conditions set forth in this Agreement. This Agreement is designed to protect both Aftahours Inc. and its Merchant partners and to ensure smooth, compliant, and high-quality operations.

Definitions

• Services: All functions, tools, and platforms provided by Aftahours Inc. to facilitate orders, payments, and communications between the Company and Merchant.
• Merchant: Any restaurant, food service provider, or other entity registered with Aftahours Inc. to offer food products through our platform.
• Customer: Any end user or consumer who places an order for food or related services through our platform.
• Order: A confirmed customer request for food delivery or pickup, as facilitated by our Services.
• State Sales Tax: Taxes imposed by state authorities on the sale of goods or services.

Merchant Responsibilities

State Sales Tax Filing

• Merchant Responsibility: The Merchant is solely responsible for the accurate calculation, timely filing, and remittance of all applicable state and local sales taxes.
• Documentation: Merchants must maintain appropriate documentation and records evidencing tax calculations and filings. Such documentation must be made available for audit upon request.
• Compliance: Failure to comply with state tax obligations may result in penalties, and the Merchant shall indemnify and hold Aftahours Inc. harmless from any tax-related claims or liabilities.

Order Fulfillment Responsibilities

• Obligation to Fulfill Orders: Once a customer order has been approved via our platform, the Merchant is obligated to fulfill the order within the specified time frames.
• Timelines and Deadlines: Orders must be prepared and dispatched promptly in accordance with the delivery or pickup times indicated during order placement. Late fulfillment may be subject to penalties, including temporary suspension from the platform.
• Quality Control: Merchants must implement quality control measures to ensure orders are accurately prepared and delivered in optimal condition.
• Issue Resolution: In the event of an order-related dispute or issue (e.g., incorrect items, delays, or quality concerns), the Merchant must promptly address and resolve the matter in coordination with Aftahours Inc.'s customer service team.

Food Quality and Standards

• Quality Assurance: Merchants shall adhere to the highest standards of food safety, preparation, handling, and delivery. All food products must meet or exceed industry standards as well as any applicable health and safety regulations.
• Periodic Audits: Aftahours Inc. reserves the right to conduct periodic quality audits and inspections. Merchants must cooperate fully and address any deficiencies noted during these audits.
• Consequences for Non-Compliance: Failure to maintain the required quality standards may result in penalties, suspension, or termination of the Merchant's account. Repeat violations will lead to immediate disqualification from the platform.

Additional Critical Clauses

Dispute Resolution

• Negotiation and Mediation: In the event of any dispute arising from this Agreement, both parties agree to first attempt to resolve the dispute amicably through direct negotiation.
• Binding Arbitration: If disputes remain unresolved after negotiation, they shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction of Delaware, and the arbitrator's decision shall be final and binding.
• Court Jurisdiction: For disputes not subject to arbitration, the state and federal courts located in Delaware shall have exclusive jurisdiction.

Indemnification

Merchant Indemnity: The Merchant agrees to indemnify, defend, and hold harmless Aftahours Inc. and its affiliates, officers, directors, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Non-compliance with any applicable laws or regulations
• Failure to adhere to the responsibilities and quality standards set forth in this Agreement
• Any breach or alleged breach of this Agreement

Compliance with Local Laws and Regulations

• Legal Compliance: The Merchant must comply with all applicable local, state, and federal laws, regulations, and ordinances in the conduct of its business and the provision of services via the Aftahours Inc. platform.
• Health and Safety: This includes, but is not limited to, compliance with food safety regulations, labor laws, and any licensing requirements.
• Documentation: Merchants must obtain and maintain all necessary permits, licenses, and certifications required for the operation of their business.

Data Protection and Confidentiality

• Data Handling: The Merchant agrees to handle all customer data, order information, and any other sensitive information in accordance with applicable data protection laws and Aftahours Inc.'s privacy policies.
• Confidentiality: The Merchant shall not disclose any confidential information pertaining to Aftahours Inc.'s operations, customer data, or proprietary methods without explicit written consent.
• Data Security: Adequate measures must be taken to safeguard electronic data from unauthorized access, loss, or theft.

Overall Structure and Legal Robustness

Clear Headings and Sections

This Agreement is organized into clear, numbered sections and subsections for ease of reference. Each section addresses a specific aspect of the Merchant relationship and operational requirements.

Detailed and Explicit Terms

All terms in this Agreement are detailed and explicit to prevent any ambiguity or potential loopholes. The language used is intended to be legally binding and enforceable.

Amendments and Updates

• Modification of Terms: Aftahours Inc. reserves the right to modify or update this Agreement at any time. Any changes will be communicated to the Merchant and will be effective upon posting on the Aftahours Inc. platform.
• Notification: The Merchant is responsible for reviewing this Agreement periodically to stay informed of any modifications.

Termination

• Breach of Agreement: Aftahours Inc. may terminate the Merchant's access to the platform if any term of this Agreement is breached.
• Notice of Termination: In the event of termination, the Merchant will be notified in writing, and any outstanding obligations will survive termination as necessary.

Miscellaneous

Entire Agreement

This Agreement, including all schedules and attachments referenced herein, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous understandings or agreements, whether written or oral.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles.

Contact Information

Aftahours Inc.
173 Weeden Street, Pawtucket, Rhode Island, 02860
Email: [email protected]
Phone: +1 (857) 636-1575