Terms & Conditions - Privacy Policy

Terms & Conditions

These terms apply to all users of this website. This User Agreement ('Agreement') is a contract between you and Cybersoft Technologies, Inc. (Cybersoft) and applies to your use of SchoolCafé™ and any related products and services available through SchoolCafé (collectively the 'Service'). By accessing or using the Service, you are agreeing to the Terms and Conditions of this Agreement. If you do not agree to be bound by the Terms and Conditions of this Agreement, please do not use or access the Service. Before you register as a user of SchoolCafé you must read, agree with, and accept all of the Terms and Conditions contained in this Agreement and the Privacy Policy.

Cybersoft reserves the right at any time to change, add to, or delete any aspect or feature of the Service and the Terms and Conditions of this Agreement. Changes to the Terms and Conditions will be posted on the website without prior notification. You may review the current Terms and Conditions document at any time. In this Agreement, 'you', 'your', 'member', or 'user' means any person or entity using the Service ('Users'). Unless otherwise stated, 'SchoolCafé', 'Cybersoft', 'we', or 'our' will refer collectively to Cybersoft Technologies, Inc. and its subsidiaries including SchoolCafé™.

Registration and Service Usage

In order to use the Service you must register with SchoolCafé. Use of the Service is granted to legally authorized parents, guardians, students over the age of 13, and other Users authorized to act on behalf of the student.

All registered members will have complete access to view their own personal information and their students' information and will be permitted to make payments to their students' account using the Service.

Only parents, guardians, students over the age of 13, and other Users who are authorized to act on behalf of a student are permitted to perform activities on their students’ accounts. Certain designated administrative users are permitted to access students' information.

Cybersoft does not knowingly collect information from children under 13. If Cybersoft learns that it has collected information from a child under 13, that information will be deleted.

Payments

All payments made through our service will be credited to the students' corresponding school accounts.

Payments made using the service should be within the acceptable range as specified on the website at the time of payment.

SchoolCafé is not responsible for the school's handling of the payments after the school receives the funds.

Payments made online will be processed instantly. However, several factors, many of which are outside of our control, may contribute to when the funds are received by the school. We make no representations or warranties regarding the amount of time needed to complete the processing of service; any duration listed on the website is for example purposes only.

SchoolCafé imposes a convenience fee on every payment made using the Service. The convenience fee, an amount or a percentage of the payment, is set solely at the discretion of SchoolCafé and can be changed at any time without notice.

Bonus payment rules are set by the student’s school district and, at its discretion, can be changed or discontinued any time without notice. SchoolCafé cannot be held liable for any bonus-related issues.

Automatic Payments may be set up by a User. An Automatic Payment is a request to automatically replenish an account by charging a specified amount to a User-designated payment method once the account balance drops below the User-defined threshold. By enabling Automatic Payments, the User is consenting to the charge to their designated payment method without any additional notice.

Obtaining unused funds

All issues relating to unused funds on a student account should be addressed directly with the students' school districts. SchoolCafé cannot be held liable to the Users for any unused funds.

Credit Card Usage Policy

Users should contact SchoolCafé before contacting any other party (credit card company or bank) about any discrepancies in payments made using the Service.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE

WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED, OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SchoolCafé™ will make reasonable efforts to ensure that payments made by credit cards are processed in a secure manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the authorization process by our merchant banker.

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST MONEY, ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, INTERRUPTION OR INACCURACY OF DATA, OR SECURITY BREACHES (HOWEVER ARISING, INCLUDING THROUGH CYBERSOFT’S NEGLIGENCE). By your use of the Service and acceptance of the Terms of Use, YOU AGREE TO RELEASE AND HOLD SchoolCafé HARMLESS AGAINST ALL CLAIMS, LIABILITY, AND DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, INTERRUPTION OR INACCURACY OF DATA, OR SECURITY BREACHES (HOWEVER ARISING, INCLUDING THROUGH CYBERSOFT’S NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES.

YOU AND CYBERSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

THESE LIMITATIONS ARE SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT THEIR SCOPE.

Menus & Nutrition

The nutritional information contained on this site is for information purposes only and is not intended to provide advice to any individual or organization and should not be treated as such. Menus and ingredients are subject to change or substitution without notice. SchoolCafé and Cybersoft Technologies, Inc. does not make any warranties, expressed or implied, with regard to the use of the information provided, nor guarantees the accuracy, completeness, usefulness, or adequacy of any resources, information, system, product, or process available on this website. In no event shall SchoolCafé or Cybersoft Technologies, Inc. be liable for any incidental or consequential damages, lost profits, or any indirect damages.

Indemnification

You agree to indemnify, defend, and hold harmless SchoolCafé™, its parent, subsidiaries, affiliates, officers, directors, and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

Account & Agreement Termination

You may terminate this Agreement at any time by providing written notice to SchoolCafé customer service. Cybersoft Technologies, Inc. may terminate this Agreement without notice, for any reason including, but not limited to, any user conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. SchoolCafé reserves the right to terminate a registered member account without notice.

Trademarks

SchoolCafé™ is a trademark of Cybersoft Technologies, Inc. PrimeroEdge is a registered trademark of Cybersoft Technologies, Inc. All other trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners, including in some instances Cybersoft Technologies, Inc.

Governing Law

These Terms of Use and the relationship between you and Cybersoft Technologies, Inc. shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Any controversy or claim arising out of or relating to these Terms of Use or relating to use of the Service, in whole or in part, shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas.


Privacy Policy

SchoolCafé™ respects your privacy and has framed policies to ensure that your personal information is handled safely and responsibly. Any information which uniquely identifies you as an individual such as name, address, phone number, or email address and any financial information such as credit/debit card numbers come under the personal information category. This Privacy Policy is part of the Terms and Conditions, which governs your use of the Service.

Information Usage

All browser information is stored (like browser type, browser version, Internet provider, all the links you clicked within SchoolCafé, the paths that you take as you move from page to page). All this information is used for internal or security purposes and would not identify you as an individual. This information will be used to improve the layout, content, and design of our website.

All personal information you store in the site is used to complete the payment process successfully. This may include information such as your name, address, phone number, email address, and data associated with your payment method (credit/debit card or bank account information). All IP addresses from which the payment is being made will be captured. This is retained and used only in the event that there are issues relating to the origin of a payment transaction.

Your personal information is not sold or shared with anyone for any purpose other than to achieve successful completion of your payment transaction. Identifiable information is shared only with those parties entrusted with the processing of your payment. Please note that this policy does not apply to information we are required to disclose by law or in cooperation with law enforcement agencies.

Security of Data and Systems

We are committed to protecting the personal information that we collect. Secure Sockets Layer (SSL) protocol, an industry standard for transmitting data securely over the internet, is used to encrypt the information before it is transmitted to us. Once we receive the information, your data is protected through a combination of strictly enforced procedures and a secured computer network designed in accordance with best practice guidelines. Multiple firewalls, multiple layers of data encryption, and an Intrusion Detection System are all used to protect your data.

Policy Changes

This policy may be changed, modified, or amended at any time. However, such changes will not include the selling of information or provision to a third party except as required by law. Updates will be posted to this site. You are responsible for revisiting the site to view the latest Agreement.