Enhancing Online Restaurants Presence

Wurkzen

TERMS AND CONDITIONS

These Terms and Conditions (“Terms or Agreement”) governs your use of Wurkzen’s services, websites, and our platforms, including our mobile applications, (“the Site”, “App”, “Us”, “We,” “Our”, “Company”, “Website”, “Wurkzen”). By using any of our services, website, subscriptions, or platforms, including our mobile applications (collectively, the “Services”) you signify that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”). These Terms and Conditions apply to all users of the Services, including browsers. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website or within the mobile application. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to Services following the posting of any changes constitutes acceptance of those changes.

This is a legal agreement between You and Wurkzen, Inc. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

These Terms and Conditions were last updated on November 12, 2022.

Section 1 – Account Creation.

You need an account for most Services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You must be at least 18 years or older and capable of entering into legally binding agreements in order to use our Services.

You have complete responsibility for your account and everything that happens on your account, including for any costs, fees, or damages incurred by you or someone using your account with or without your permission.

Section 2 – End User License Agreement.

2.1.     Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service, including our mobile application. The Company has the right to terminate your access to our Services at any time for any reason or for no reason. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.

2.2.      Our mobile application transmits certain data to the Company about or relating to the device in which it is installed, including information about Users’ access and use of the application. The information collected will be deemed User Content under the Agreement and subject to applicable terms therein.

2.3       Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement.

2.4       The Services are subject to applicable United States export laws and regulations. User must comply with all applicable laws and regulations, including without limitation all applicable United States and international export laws and regulations, with respect to the Services. Without limitation, Customer may not export, re-export or otherwise transfer the Services or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to a United States sanctions; or (iii) for any prohibited end use.

2.5       As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law; or (g) allow another person or entity to use your identity in order to access the Service.

Section 3 – Compliance with Laws

3.1       Our Services, including our Customer Relationship Management Services, allows you to manage your relationship with your customers, including storing their information and contacting them. You agree you will follow all laws, rules, regulations, and industry standards related to your use of the Services, including but not limited to, as applicable, the Telemarketing and Consumer Fraud & Abuse Prevention Act, Telephone Consumer Protection Act of 1991, and The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003.

3.2       Without limiting the foregoing, you agree that you may not use the Services to transmit or disseminate any: (i) unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; (iii) material or data, that is illegal, or material or data that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third party service providers or any third-party service provider involved in the provision of the Services.

3.3       You acknowledge and agree that certain Laws and the policies of the carriers and other service providers may limit the types of businesses or content that may be transmitted via SMS Text message or email. You agree to abide by these Laws and any policies we make available in the Services and we reserve the right to limit your future access to the Services if you do not comply.

3.4       You confirm that you will comply with applicable Payment Card Industry Data Security Standards, (“PCI DSS”) and the National Automated Clearing House Association (“NACHA”) rules, as applicable, if you collect any payment information through the Service. You agree to bind your Users of the Service to any restrictions in these Terms of Service, including, but not limited to, those stated above.

3.5.      Wurkzen generated websites may include a function that allows browsers of the websites to contact you. This functionality sends a text message to Users and allows Users to respond via text message. You hereby expressly consent to be contacted by Us or browsers of the Wurkzen generated website at the telephone number you provide to Wurkzen. You agree that you may be contacted in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If You do not wish to receive messages, you may notify us by email at info@wurkzen.com.

3.6       Users are solely responsible for collecting and remitting all applicable sales, use, VAT or other taxes applicable to sales and payments processed through the platform. Any features of the service allowing Users to charge their customers sales tax is solely for the convenience of the User. Wurkzen does not provide tax advice.

Section 4 – Privacy and Protection of Personal Information.

4.1       Notwithstanding anything else to the contrary contained in this Agreement, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our Services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company’s protection of your personal information, please refer to our Privacy Policy.

4.2       If you collect, store, input, access or otherwise obtain personal private information about your customers on or through the Service, you agree to post and comply with a privacy policy that informs your customers from whom you collect information that you and third parties may collect information about their interaction with your business or the Service, and how you handle that information. For your convenience, we may offer a sample privacy policy that you may adopt, customize or draw from to draft your own terms and privacy policy, but these model documents are for informational purposes only and should not be considered or relied upon as legal advice or legal documentation.

4.3       By using the Service, you may receive information about Customers or other third parties, which you should keep confidential and use only in compliance with any applicable laws or regulations. You may not use such information for marketing purposes unless you receive the express consent of the customer or other third party. You agree that you remain solely responsible for your compliance with applicable Laws.

Section 5 – Third Party Links.

5.1       Through your use of the Service, you may be provided with hyperlinks or opt-in selections to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will 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 information, goods or services available on or through any such site or resource.

5.2       Through your use of the Service, you may be provided with insurance quotes or referrals for insurance companies, payroll services, and other professional services, including CPAs. This Service is contracted and provided through a third-party, not by Wurkzen, Inc. That service is free for you to use. The contracted party may receive commission and fees. This service is only available to the residents of the United States. Any insurance offered by insurance companies may not be available in all states.  Wurkzen is not an insurer, nor does Wurkzen provide legal or professional advice. Any insurance offered to you is provided to you by the party listing the insurance policy, and not Wurkzen. The terms and conditions of any insurance product offered to you are provided by the insurance providers based on their underwriting and may vary based on a number of factors solely as determined by the insurers. We don’t provide advice or endorse insurance products or insurance companies that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our service and to make sure the policy that is of interest to you meets your specific needs. The quotes provided to you are provided to us by third parties. We do not guarantee their accuracy and whether they are the most current quotes available, nor do we guarantee that the insurance offered by the providers on our website or other forms of communication includes the best terms or lowest rates available in the market. We will pass the information we collect from you to third parties in order to provide our Services.

Section 6 – Intellectual Property. 

6.1       Certain information available through the Service is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. The Wurkzen logo, and any other marks used on the Site are trademarks of Wurkzen, Inc. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.

6.2       During your use of the Services, Users may upload, submit, or make available information, feedback, graphics, and other content to the platform (collectively, “User Content”). This allows Wurkzen to provide our Services to You, including to generate your website. Users retain the rights to User Content, however, by using the Services, you grant Wurkzen an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed). This includes a license to include your User Content and list your business on the Wurkzen Marketplace. By using the Services you agree that you will not be entitled to any compensation from Wurkzen for your information or for use of your information, including promotional or commercial uses.

Section 7 – Subscription Fee and Subscription Period

7.1       Certain Services are only available with an auto-renewing subscription. The Subscription Period will be selected by the User upon signing up for our Services. The subscription fee varies by level of service and Subscription Period selected. During the Subscription Period the User may access the Services. At the end of each Subscription Period, your subscription will be automatically renewed for successive Subscription Periods until cancelled. If you do not wish to continue your subscription, you may terminate your subscription before your current subscription period ends. Subscription prices may change from time to time and by continuing to use Wurkzen you agree to the price change.

7.2       The Company may offer certain customers various trial or other promotional subscriptions to the subscription plan, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose to cancel at any time prior to the end of the trial period. If you do not cancel during the trial period, users will automatically be enrolled in a paid subscription. If Users cancel during the trial period, your access to the subscription services will be terminated upon the expiration of your trial period.

7.3       Upon registering for a subscription, Users are required to provide a valid payment method. Subscription Fees must be paid using a lawfully issued credit or debit card for which you have authorization to make a charge. Wurkzen reserves the right to block access to your Account until a valid credit or debit card has been provided to cover all charges incurred by you. You are solely responsible for any late payment charges, overdraft fees or other charges incurred by you as a result of your use of a credit or debit card to pay a subscription fee.

7.4       Wurkzen reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect, you agree to accept the new price.

7.5       You may cancel your subscription of the Services at any time, and you will continue to have access to the Services throughout your Subscription Period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused Account, or by reason of your dissatisfaction with the Services. As the subscription gives you access to the Services instantaneously after the purchase, Wurkzen does not offer a right of return (such as refunding the subscription fee). To cancel your Subscription, go to the profile settings when logged in on your User Account and follow the instructions for cancellation.

7.6       In addition to the Subscription Fee, Wurkzen charges a service fee for all transactions processed on the platform.

Section 8 – Marketplace.

8.1       Wurkzen operates as an online marketplace that connects Service Businesses with consumers. Wurkzen does not employ, endorse, or control the services businesses. Wurkzen may receive a referral fee from customers and/or Service Businesses that use the marketplace. Users operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for consumers through the Marketplace. Wurkzen does not control or direct the User’s performance of their services or set their work locations or work hours. Users provide services under their own name or business name, and not under Wurkzen’s name. Users are free to accept or reject consumers and contracts. Users are not penalized for rejecting consumers, though if Users accept a customer through the Marketplace they are expected to fulfill their contractual obligations. Wurkzen is not an employment agency service or business and Wurkzen is not an employer of any User. Users acknowledge and confirm that they are responsible for exercising their own business judgment in entering into contracts through the Marketplace.

8.2       If a User enters into a contract with a consumer through the Marketplace, the contract is a contractual relationship directly between the User and the consumer. Each party has complete discretion both with regard to whether to enter into a contract with each other and with regard to the terms of any contract. You acknowledge, agree, and understand that Wurkzen is not a party to any contract between the User and the consumer, that the formation of a contract between Users will not, under any circumstance, create an employment or other service relationship between Wurkzen and any User or a partnership or joint venture between Wurkzen and any User.

Section 9 – Disclaimers; Limitations; Waivers of Liability.

9.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “WURKZEN PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBPAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

9.2.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WURKZEN PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE GRATSY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE WURKZEN PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED (100) US DOLLARS.

9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

9.4       Wurkzen partners with co-working spaces to provide our Users with access to offices and properties owned and operated by our partners. Wurkzen shall not  be responsible for any actions of our co-working space partners nor shall Wurkzen be liable for an injuries or damages sustained by our Users while utilizing the coworking spaces. User’s use of the coworking space is subject to our Partners’ terms and conditions.

9.5       USERS HEREBY REPRESENT AND WARRANT THAT THEY ARE AWARE AND UNDERSTAND THAT ACCESSING ANY COWORKING SPACE PARTNERED WITH WURKZEN MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. USERS ACKNOWLEDGE THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COWORKING SPACE PARTNER. NOTWITHSTANDING THE RISK, USERS ACKNOWLEDGE THAT THEY ARE VOLUNTARILY ACCESSING THE COWORKING SPACE WITH KNOWLEDGE OF ANY RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF WURKZEN OR OUR PARTNERS.

Section 10 – Release.

You forever release, discharge, and covenant not to sue the Wurkzen Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Wurkzen Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Wurkzen Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), Subscription, the Service, or this Agreement.

Section 11 – Indemnification.

You agree at all times to indemnify, defend and hold harmless the Wurkzen Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.

Section 12 – Governing Law and Dispute Resolution.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Florida, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida.

You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Miami-Dade County, Florida under the rules of the American Arbitration Association then in effect.

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Section 14 – Severability.

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Section 15 – Miscellaneous.

(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. If you choose to delete your Account or the Mobile Application, such action will indicate intent to terminate by the User.

(c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you.

(d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.

(e) The section headings used in this Agreement are for convenience only and will not be given any legal import.

(f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement.

(g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Your use of our mobile application and Services constitutes acceptance of this Agreement.

Section 16 – Entire Agreement.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 17 – Contact Information.

Questions about the Terms and Conditions may be sent to Wurkzen via email at support@wurkzen.com.