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Terms & Conditions

Please read the following terms of this agreement carefully. By completing the signup process, you accept and agree to all of the terms and conditions set forth in this Customer Purchase agreement. You hereby acknowledge that you are 18 years of age or older. This Agreement (“Agreement”) is entered into by and between WEWA DESIGN INC. (“Company”) and You (“Customer”), for the COOS services.

  1. Website:

Customer hereby agrees to appoint the Company for the creation of Desktop and Mobile Ordering Applications, and Informational Website (collectively referred to as the “Website”).

  1. Setup:

If Customer opted for Company to setup its Website, Company will setup the Desktop and Mobile Ordering Applications Draft for first store location within 15 business days from date of the enrollment. Customer is responsible for providing Company all information needed for setup within 5 business days from date of enrollment. Initial setup of first location includes but not limited to setting up Customer’s location description, store hours, photos, product descriptions, menu items of choice, online menu design, payment gateway, and methods of receiving online orders. Setup is limited to the input of only 200 menu items of choice, and Company has the right to issue a charge of $0.75 for each additional menu item.

Customer must notify Company of any changes within 5 business days from the date when Customer was first notified to review the Website. Customer will receive two free Menu Revisions. Additional menu revisions may be billed at $85 per hour.

After setup is performed and website is agreed by both parties to be in proper working condition, Customer assumes all responsibilities to manage its Website. “Manage” is defined as updating the menu items and pricing, store description, contact info, hours of operation, photos, coupon codes, and payment details.

Customer can contact Company to assist to update its Website during Company’s regular business hours. “Update” is defined as updating the menu items and pricing, store description, contact info, hours of operation, photos, coupon codes, and payment details. Company will response and update in the reasonable time frame depends on the level of the update.

If Customer requests to finish the update after Company’s regular business hours, or in a short time frame, it will be considered as a “Rush Job”, Company may charge additionally based on the rate of $85 per hour. If Customer requests for the change that is beyond the definition of “Update”, it will be considered as an “Additional Project”, Company will charge additionally based on the rate of $85 per hour, plus any other third-party fee (e.g. software license, plugin, domain, web hosting or storage, etc.), depends on the level of the change.

  1. Content on the Website:

Customer shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, product and/or service descriptions, prices, photos, data, links, advertising, trade or service mark, trade name, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Company reserves the right to refuse to display information it believes to be illegal, false, derogatory, offensive, infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person.

Customer represents that any elements of text, graphics, photos, designs, trademarks, artwork, and all proprietary or intellectual property rights therein included on the Website are owned by Customer, or that Customer has express written authorization from the rightful owner to use and display the content, and will hold harmless, protect and defend Company from any claim or suit occurring from the use of such content.

No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, escort services or other content deemed adult related.

  1. Credit Card Processing:

Customer is responsible for the enrollment and fees associated with using a third-party payment processing and credit card gateway.

  1. Website Ownership:

Company owns all of the intellectual property rights associated with the Website (including the Domain). Furthermore, Company in no way, shape, or form is responsible for marketing Customer’s Website. Customer reserves the right to use the Website URL in any manner in any and all commercial venues and is solely responsible for marketing the URL.

  1. Charges and Fees:

Customer agrees to pay by credit card, and Company will automatically charge the service fees each month for the monthly subscription or each year for the annual subscription, and including any extra services and applicable taxes, at the rates in effect when the fees are incurred. For the annual subscription, the service fee shall be locked for one year. Company may, at its sole, reasonable discretion, agree to refund Customer certain fees paid in the event Customer cancels its annual subscription; provided, however, that Company reserves the right to withhold from any refund, and retain, an amount equal to its then-current setup fees, whether or not such setup fees were charged to Customer at enrollment.

Company will start billing the service fee right after launching each store’s Website. Company may change the fees then in effect, or add new fees, by giving Customers 60 days advance notice. Customer must provide Company with valid credit card and must promptly notify Company of changes to the account holder name, account number expiration date or billing address of Customer’s designated card. Customer must also promptly notify Company if Customer’s card is placed on hold by Customer’s card issuer or canceled for any reason.

Company reserves the right to suspend or terminate Customer’s Website without notice upon rejection of any card charges or if Customer’s card issuer seeks return of payments previously made to Company when Company believes Customer are liable for the charge(s). If Customer is liable for the charge(s), a $30 reactivation fee per store will apply to reactivate service. Once service is suspended, Company does not guarantee the same Web Domain will be available if service is reactivated. In addition, if the monthly service fee is over 10 days past due, Company has the right to issue Customer a $5 fee for each billing cycle that each monthly fee remains past due. Company will automatically renew and charge Customer’s credit card upon every expiration date of Customer’s subscription, unless Customer provides prior 3 days written notice to info@coosonline.com that Customer have terminated this authorization or wish to change Customer’s designated card.

The renewal charge will be equal to the original subscription price, unless Company notifies Customer otherwise in advance.

  1. Cancellation:

Customer may cancel use of Service by contacting Company, Company will send Customer a cancellation form for Customer to complete. In addition, the setup fees are nonrefundable. Upon receipt of Customer’s cancellation, Company will promptly terminate Customer’s access to the Website. Customer is still responsible for any charges already incurred up until cancellation, and there is no prorate for partial months. If Customer issues a Chargeback for any fees by Company, then Company has the right to collect any fees, fines, and penalties brought upon by the Chargeback from Customer as well as the original fees.

Company shall have no responsibility to notify any third party of any suspension, restriction or cancellation of Customer’s Website. Company shall have no obligation to maintain any orders, reports, data, or other content in Customer’s Website or forward any data to Customer or any third party.

  1. Fair Use Policy:

Company shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Website to Customers who are deemed by Company to be using the Website in a manner not reasonably intended by Company or in violation of law, including but not limited to suspending or terminating a Customer’s license to use the Website.

  1. Limitation of Liability:

Notwithstanding the foregoing, under no circumstance shall Company, its officers, directors, employees, or agents be liable to Customer or any third party for damages in excess of the amounts actually paid by Customer to Company. The price of the service shall be the rate in effect on the day Customer signed up for the service.

  1. Indemnification:

Customer agrees to defend, indemnify and hold harmless Company, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Website and any other conduct related in any way to the Website, including but not limited to breaching any provision contained in these Terms and Conditions.

  1. Termination:

If Customer breach these Terms and Conditions of Use, Customer’s right to Use the Website shall automatically terminate if Customer fails to cure the breach after seven (7) calendar days after notice from Company, unless Customer’s breach is due to violations in the sections of Lawful Use, No Transfers or Modifications by Customer, Indemnification, Trademarks, Government Restrictions, in which case termination will be without notice and without any right to cure.

  1. Modification:

Company, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (a) our email notification to you advising you of such changes or modifications (b) your continued use of the Services after Company posts the amended Agreement to https://coosonline.com/terms.

  1. Billing:

Customer must notify Company about any billing problems or discrepancies within thirty (30) days after they first appear on the statement Customer receives from its bank or credit card company or other billing company. Send such notification to us to info@coosonline.com. If Customer does not bring such problems or discrepancies to our attention within that thirty (30) day period, Customer agrees that it waives the right to dispute such problems or discrepancies.

  1. Miscellaneous:

These Terms and Conditions (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Company and Customer regarding the Website, and supersedes all prior agreements between Customer and Company regarding the subject matters hereof.

Last Modified: Aug. 01, 2020

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