Terms & Conditions

Merchant Terms & Conditions

By using our service You are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Cumulus Point's relationship with You. If You disagree with any part of these Terms and Conditions, please do not use our service.

The term ‘Cumulus Point' or 'us' or 'we' refers to the owner whose registered address is Cumulus Point Ltd,1409 1 Ave NW, Calgary, AB T2N 0A9.

The company registration number is 2016132462. The company is registered in Alberta, Canada. The term 'You' or 'Your'  refers to the Merchant using our service.

Cumulus Point reserves the right to amend the functionality of the service provided and these terms and conditions at any time. Any amendments to these terms and conditions will be published on the Cumulus Point web site. You will receive a notification by email if the Terms and Conditions of service are changed.

Registration

To use the Cumulus Point service You are required to register and provide information about your business and your menu. The management of this information is covered in the Cumulus Point Privacy Policy available on the website.

By registering and providing Your information you warrant that the information provided is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights of any third party.

You are required to keep your store information and menu information current, accurate and up to date as required.

You will keep Your user name and password secure and use it for Your personal use only.  You will not impersonate any other entity or use another persons registration details.

Products and Ordering

CumulusPoint will clearly indicate the location of the Merchant’s premises. Cumulus Point is not responsible for orders placed which the customer is unwilling or unable to collect.

Using Cumulus Point You are able to receive orders from your customers via email, fax or GRPS printer.

Cumulus Point does not supply or produce any of the products that are displayed when using the service. Cumulus Point facilitates the transaction between the Customer and You.

The product descriptions and images presented by Cumulus Point are supplied by You.

If there are disputes arising about the quality of products, these shall be directed to You. Cumulus Point will not refund any purchases to the Customer without Your specific consent.

Any dispute between the Customer and You must be resolved between the Customer and You. Cumulus Point is under no obligation to partake in or resolve these disputes.

Displaying a product does not guarantee its availability. Cumulus Point is providing an ordering service for a customer to pass a request for purchase to You.  You need to ensure that the items advertised on Your menu are available.

Confirmation that an order is received and available for collection comes from You. Cumulus Point assists You with conveying this information to the Customer.

Order confirmation is final and informs the Customer that the order has been successfully placed with You. An order cannot be cancelled once it is placed.

If You provide a delivery service, delivery is Your responsibility.  CumulusPoint does not manage the physical delivery of the food.

In App Payments (when enabled)

In App Payments are managed via a third party electronic processing system. Customers payment details are encrypted and not viewed or stored by Cumulus Point.  All orders for products are displayed in the correct currency and include information about local taxes where applicable.

Payment for the purchase will be processed at the time the order is confirmed. The Payment will be first collected by CumulusPoint then transferred to the Merchant after a deduction has been made to cover the agreed CumulusPoint service fee.

At the time Credit Card Payments are established the Merchant and Cumulus Point will agree the service fee charging structure and the payment cycle from Cumulus Point to the Merchant.  A separate agreement is required to be in place prior to enabling Credit Card Payment Processing.

Termination of Access

CumulusPoint reserves the right at any time to terminate access to the services provided. Termination can occur for any reason deemed appropriate by Cumulus Point.

Liability and Indemnities

Your use of Cumulus Point is entirely at Your own risk. It shall be Your own responsibility to ensure that any products, services or information available through this service meet Your specific requirements.

Intellectual Property Rights

The Cumulus Point copyright notice is applicable. The copyright notice is provided on the Cumulus Point website.

All trade marks reproduced which are not the property of, or licensed to, CumulusPoint are owned and used with permission of the third party.

General

By using this service You acknowledge that any disputes in relation to Cumulus Point are to be determined by the courts of Canada, in accordance with the laws of Canada.

CumulusPoint accepts no liability for failure to comply with these terms and conditions where a failure or delay is due to circumstances beyond the control of Cumulus Point.

If the ownership or control of Cumulus Point transfers to another company. Cumulus Point reserves the right, without giving notice to You, or seeking any additional consent from You, to transfer Your personal information to the new party.

Customer Terms & Conditions

Background

By using our service You are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Cumulus Point’s relationship with You.  If You disagree with any part of these terms and conditions, please do not use our service.

The term ‘Cumulus Point' or 'us' or 'we' refers to the owner whose registered address is Cumulus Point Ltd, 1409 1 Ave NW, Calgary, AB T2N 0A9.  The company registration number is 2016132462.  The company is registered in Alberta, Canada.  The term ‘You’ or ‘Your’ refers to the user of our service.

Cumulus Point reserves the right to amend the functionality of the service provided and these terms and conditions at any time.  Any amendments to these terms and conditions will be published on the Cumulus Point web site. You will receive a notification by email if the Terms and Conditions of service are changed.

Cumulus Point will clearly indicate the location of the Merchant. Cumulus Point is not responsible for orders placed which You are unable or unwilling to collect from.  You must ensure that You are able to access the location of the Merchant You are ordering from.

Registration

To use the Cumulus Point service You are required to register and provide customer information.  The management of this information is covered in the Cumulus Point Privacy Policy.

By registering and providing Customer information You warrant that the information provided is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights of any third party.

You are required to keep Your customer information current, accurate and up to date as required.  You will keep Your user name and password secure and use it for Your personal use only

You will not impersonate any other person or use another persons registration details.

Cumulus Point is not responsible for any actions (including purchasing of products) that happen as a result of the disclosure by You of Your user name and password to Third Parties.

Products and Ordering

Using Cumulus Point You are able to purchase goods or services (products).  These products are supplied by Third Parties (Merchants).

Cumulus Point does not supply any of the products that are displayed when using the service.  Cumulus Point facilitates Your transaction with the relevant Merchant.

The product descriptions and images presented by Cumulus Point are supplied by the Merchant.

If there are disputes arising about the quality of products, these shall be directed to the Merchant.

Any dispute between You and the Merchant must be resolved between You and the Merchant.  Cumulus Point is under no obligation to partake in or resolve these disputes.

Confirmation that an order is received and available for collection or delivery comes from the Merchant.  Cumulus Point assists the Merchant with conveying this information to You.  The confirmation will be sent to You by email to the email address used to register your account.   If there are adjustments made to the delivery time You will see this information in the order confirmation email.

Order confirmation is final and informs You that Your order has been successfully placed with the Merchant.  An order cannot be cancelled once it is placed.

Payments

Payments are managed via a Third Party electronic processing system.  Your payment details are encrypted and not viewed or stored by Cumulus Point.

All orders for products are displayed in the correct currency and include information about local taxes where applicable.

You acknowledge that any service fees imposed by Your credit or debit card provider are Your responsibility.  Cumulus Point is not responsible for any such additional fees associated with the use of Your cards or the management of Your accounts.

Payment for the purchase will be processed at the time the order is confirmed.  The payment will first be collected by Cumulus Point then transferred onto the Merchant.  Your statement will display that a payment has been made to Cumulus Point followed by the name of the Merchant.

Termination of Access

Cumulus Point reserves the right at any time to terminate Your access to the services provided. Termination can occur for any reason deemed appropriate by Cumulus Point.

Liability and Indemnities

The use of Cumulus Point is entirely at Your own risk.  It shall be Your own responsibility to ensure that any products, services or information available through this service meet Your specific requirements.

Intellectual Property Rights

The Cumulus Point copyright notice is applicable.  The copyright notice is provided on the Cumulus Point website.

All trade marks reproduced which are not the property of, or licensed to, Cumulus Point are owned and used with permission of the Third Party.

General

By using this service You acknowledge that any disputes in relation to Cumulus Point are to be determined by the courts of Canada, in accordance with the laws of Canada.

Cumulus Point accepts no liability for failure to comply with these terms and conditions where a failure or delay is due to circumstances beyond the control of Cumulus Point.

If the ownership or control of Cumulus Point transfers to another company.  Cumulus Point reserves the right, without giving notice to You, or seeking any additional consent from You, to transfer Your personal information to the new party.