These Terms and Conditions govern your access to and use of the Platter restaurant management and point-of-sale platform and related services. Please read them carefully.
By creating an account, placing an order, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms.
1.Agreement to Terms
These Terms and Conditions (the “Terms”) are a legal agreement between you (the “Client,” “you,” or “your”) and Platter Management Inc. (“Platter,” “we,” “us,” or “our”), governing your access to and use of our website, point-of-sale (POS) application, Back Office dashboard, hardware offerings, and related services (collectively, the “Services”).
By creating an account, placing an order, clicking to accept, or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not access or use the Services.
2.Definitions
- Account means the account you register to access and use the Services.
- Authorized Users means your owners, managers, employees, and other personnel whom you permit to access the Services under your Account.
- Client Data means data and information you or your Authorized Users submit to, or generate through, the Services, including menus, orders, transaction records, and information about your own guests and staff.
- Subscription means the paid plan under which you access the Services.
- Third-Party Services means products or services provided by parties other than Platter that you choose to use with the Services (such as payment processors and delivery integrations).
3.Eligibility and Accounts
The Services are intended for businesses and the individuals who operate them. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract to use the Services.
To use the Services you must register an Account and provide accurate, current, and complete information. You are responsible for:
- maintaining the confidentiality of your login credentials and POS access PINs.
- all activity that occurs under your Account and by your Authorized Users.
- configuring user roles and permissions appropriately. and
- promptly notifying us of any unauthorized use of your Account or any security breach.
4.License and Access to the Services
Subject to your compliance with these Terms and payment of applicable fees, Platter grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business operations during the term of your Subscription.
The Services are provided on a software-as-a-service basis. We may update, enhance, or modify the Services from time to time. We may also release new features that are subject to additional terms or fees.
5.Subscriptions, Fees, and Payment
Access to the Services requires a paid Subscription unless otherwise agreed in writing. Fees, billing frequency, and plan details are set out in your order form, quote, or the plan you select.
- Fees are quoted and payable in Canadian dollars (CAD) unless otherwise stated, and are exclusive of applicable taxes, which you are responsible for.
- Unless otherwise stated, Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law or expressly provided in these Terms.
- You authorize us (or our payment provider) to charge your designated payment method on a recurring basis for all applicable fees.
- We may change our fees upon reasonable prior notice; changes take effect at the start of your next billing cycle.
- Late or failed payments may result in suspension of the Services in accordance with Section 14.
6.Payment Processing
Card payments made through the Services are processed by third-party payment providers Moneris and Stripe using the gateway you configure. Your use of these providers is subject to their respective terms and privacy policies, and may require you to enter into a separate agreement with them.
Platter is not a bank, money transmitter, or payment processor and does not store full payment card numbers. We are not responsible for the acts or omissions of payment providers, including processing fees they charge, holds, chargebacks, settlement timing, or account suspensions imposed by them.
7.Hardware
If you purchase or lease hardware (such as tablets, receipt or kitchen printers, or payment terminals) through Platter, additional terms, pricing, warranty, and return conditions may apply and will be provided at the time of order. Title and risk of loss for purchased hardware pass to you on delivery, except as otherwise stated.
You are responsible for maintaining hardware in good working order and for ensuring it meets the technical requirements needed to run the Services, including a stable internet connection.
8.Acceptable Use
You agree not to, and not to permit any Authorized User or third party to:
- use the Services in violation of any applicable law or regulation.
- copy, modify, reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law.
- resell, sublicense, rent, or otherwise make the Services available to third parties except as expressly permitted.
- interfere with or disrupt the integrity, security, or performance of the Services.
- attempt to gain unauthorized access to the Services or related systems. or
- upload or transmit malicious code, or any content that is unlawful, infringing, or harmful.
We may investigate and take appropriate action, including suspension or termination, for any violation of this Section.
9.Client Data and Privacy
As between you and Platter, you own your Client Data. You grant Platter a worldwide, non-exclusive license to host, process, transmit, display, and use Client Data solely as necessary to provide and improve the Services, to comply with law, and as otherwise permitted in these Terms and our Privacy Policy.
You are responsible for the accuracy and legality of Client Data and for obtaining all necessary consents and providing all necessary notices for any personal information you or your Authorized Users submit to the Services, including information about your own guests and staff. With respect to such information, Platter acts as a service provider that processes information on your behalf and under your instructions.
Our collection and handling of personal information is described in our Privacy Policy, which forms part of these Terms.
10.Intellectual Property
The Services, including all software, features, designs, text, graphics, and trademarks (but excluding Client Data), are owned by Platter or its licensors and are protected by intellectual property laws. Except for the limited license granted in these Terms, no rights are granted to you. “Platter” and associated logos are trademarks of Platter Management Inc.
If you provide feedback or suggestions about the Services, you grant Platter a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.
11.Third-Party Services and Integrations
The Services may interoperate with Third-Party Services, such as payment processors (Moneris, Stripe), delivery and online-ordering integrations (e.g., via Deliverect), messaging providers (e.g., Twilio), and application distribution platforms. Your use of Third-Party Services is governed by those parties’ terms, and Platter is not responsible for their availability, accuracy, or practices. We may disable an integration if a Third-Party Service is modified or discontinued.
12.Confidentiality
Each party may receive confidential information of the other. The receiving party agrees to protect such information using reasonable care, to use it only as necessary to perform under these Terms, and not to disclose it except to personnel and advisors with a need to know. This obligation does not apply to information that is public, independently developed, or rightfully obtained from another source, or that must be disclosed by law.
13.Service Availability and Support
We strive to keep the Services available and reliable, but the Services are provided on an “as available” basis. The Services depend on your internet connection and on Third-Party Services, and may be subject to downtime for maintenance, updates, or events beyond our control.
We provide customer support and onboarding as described on our website and in your plan.
14.Suspension
We may suspend your access to the Services, in whole or in part, if: (a) you fail to pay fees when due; (b) we reasonably believe your use poses a security risk or may harm the Services or other users; (c) you breach these Terms, including the Acceptable Use section; or (d) we are required to do so by law. We will use reasonable efforts to notify you and, where practicable, give you an opportunity to cure.
15.Term and Termination
These Terms remain in effect while you use the Services or maintain an Account.
- You may cancel your Subscription in accordance with the cancellation terms in your plan or order form.
- We may terminate or suspend these Terms or your Account for material breach that remains uncured after reasonable notice, or immediately for the situations described in Section 14.
- Upon termination, your right to access the Services ceases. We may delete Client Data after a reasonable period in accordance with our Privacy Policy and applicable law. You are responsible for exporting any Client Data you wish to retain before termination.
Provisions that by their nature should survive termination (including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.
16.Disclaimers
Except as expressly stated in these Terms, the Services and any hardware are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Platter does not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
17.Limitation of Liability
To the maximum extent permitted by law, Platter and its directors, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to these Terms or the Services, whether based on contract, tort, or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Platter’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts paid by you to Platter for the Services in the [insert: e.g., twelve (12)] months immediately preceding the event giving rise to the claim.
18.Indemnification
You agree to indemnify, defend, and hold harmless Platter and its affiliates and their respective personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Client Data; (b) your use of the Services in violation of these Terms or applicable law; or (c) your violation of the rights of any third party, including your guests and staff.
19.Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and provide notice as appropriate, such as by email or through the Services. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
20.Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Subject to the dispute resolution provisions below, the courts located in Ontario will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to their jurisdiction.
21.General Provisions
- Entire agreement. These Terms, together with the Privacy Policy and any order form or plan, constitute the entire agreement between the parties regarding the Services and supersede prior agreements on the subject.
- Severability. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
- Waiver. Failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may provide notices to you by email, through the Services, or by posting on our website. You may provide notices to us using the contact details below.
- Relationship. The parties are independent contractors; nothing in these Terms creates a partnership, agency, or joint venture.
22.Contact Us
If you have questions about these Terms, please contact us:
- Platter Management Inc.
- 6981 Millcreek Drive, Unit 11, Mississauga, ON, L5N 6B8, Canada
- Email: info@plattermanagement.com
- Phone: (833) 944-7587