You will find hereby the terms and conditions ("terms") of use of the platform, along with its amendments and any operating rules or policies that we may publish later on
koein s.a.r.l. and its various affiliates, products and subsidiaries, ("spoonstream", “we”, “us” “our”) provide www.spoonstream.com (website) an end-to-end, online ordering platform (collectively “platform”) for businesses, which allows them to manage online websites and apps for the purpose of taking and processing online orders.
Agreeing to these terms entails that you have read and understood, have the capacity and authority to accept, agree to and be bound by these terms. Any features or tools that will be added to the current platform in later stages will also be subject to these terms. We reserve the right to update and change the terms, by posting updates and changes on the website. You are advised to check the terms form regularly for any updates or changes that may impact you. Should you keep on using the platform afterwards, you would have had automatically agreed on all the updates and changes applied to the terms. However, if you do not agree on any changes to the terms, refrain from using the platform. spoonstream may offer a mobile application and other supplemental software, which will allow you to access your order management tool through your mobile or other devices. In that case, you agree that these terms shall govern such access. Please read all of the paragraphs to completely understand the following terms.
You should be 18 years or older, or have at least reached the age of majority as stated by
the jurisdiction of your residence or the one from which you use the platform, to be
eligible to use spoonstream.
To access and use the platform, you must register for a spoonstream account (“account”) by using an online tool provided by us or by applying through one of our sales representative assistance. Providing your full legal name, current address, phone number, email address, and any other information indicated as required. You will provide true, accurate, current and complete information about you as requested, and you will update the information to keep it current.
You are responsible for keeping your password secure. we cannot and will not be liable for any loss or damage caused by your failure to maintain the security of your account and password. You are responsible for all activity and content such as data, graphics, photos and links uploaded under your account.
we may reject your application for an account or cancel an existing account, for any reason,
in our sole discretion.
The person signing up for the platform will be the contracting party (“account owner”) for the purposes of the terms, and will be the person who is authorized to use any correspondent account we may provide to the account owner, in connection with the platform.
If you are signing up on the platform on behalf of your employer, the latter shall be the account owner. you also represent and warrant that you have the authority to bind your employer to the terms.
For security reasons, only the account owner or the point of contact designated by the account owner will be allowed to make cancellations, or designate a new point of contact.
upon purchasing a domain name through us, domain registration will be preset to automatically
renew each year so long as your account remains active. you acknowledge that
it is your sole responsibility to inform us of your deactivation request for
the auto-renewal function, should you choose to do so.
Your subscription is considered active starting from your first successful login to the platform. You will receive a link for setteling the due payment by credit card or we may agree on an alternative payment method to collect payments.
If payment is not settled on time your account may be suspended. You can reactivate your suspended account, by providing a valid credit card or an alternative
payment method; and settle all your unsettled fees if any. However, if 30 calendar days
pass and you still haven’t provided a valid payment method, your online store and
your relative app published on the app stores will be deleted.
spoonstream charges a transaction fee on every order. Every 30 calendar days total
accumulated fees should be settled. If you have not settled your fees, within
14 calendar days after its due date, you will be subject to a late payment charge
of 2% interest per month, or the maximum legal rate allowed by law, whichever
If we do not receive the payment within 30 calendar days after the due date, we will automatically suspend and revoke your access to your account.
We may or may not contact you directly to notify you about your unpaid subscription price.
If your account is suspended for any reason, you will have 30 calendar days starting from the day of suspension to reactivate your account. You may contact us about your suspended account through sending an email to [email protected] we do not guarantee that your account will be reactivated.
All suspended accounts will be automatically deactivated and their content will be permanently deleted, if they were not reactivated within the 30-calendar day period.
Without limiting any other remedies, we may suspend your account if we suspect that you (by
conviction, settlement, insurance or escrow investigation, or otherwise) have engaged
in fraudulent activity in connection with the platform.
payments due under these terms will continue to accrue on suspended accounts as if they were not suspended. you will remain responsible for such payments during any such period of suspension.
We may or may not contact you directly to notify you about your suspended account.
the platform allows you to receive payments in multiple currencies, through online payment providers. we engage third party payment providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Your use of the third party payment providers is governed by their respective terms and conditions. spoonstream shall have no liability for the third party payment providers’ failure or delay in performing its obligations.
spoonstream may share your personal or transactional information with the third party payment
providers when necessary to process payments. such use of your personal information is
governed by their respective privacy policies, which may or may not contain privacy protections
depending on your location and the service availability, we may create spoonstream payment account on your behalf.
Depending on your location and the service availability, we may also create your account(s) for other payment providers. it is your sole responsibility to activate and maintain all of your payment provider account(s). if you do not wish to keep any of the accounts, it is your responsibility to deactivate them.
spoonstream reserves the right to change, replace, or terminate the services of any payment
provider available on the platform.
The content management features of the platform may allow you to view, post, publish, share, store, or manage content. by providing your content to us via any method, you represent and warrant to us that (i) you have all necessary rights to distribute your content via the platform, either because you are the author of your content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the your content, and (ii) you do not violate the rights of any third party.
We will have the right to use and disclose your content posted in the platform or submitted directly to us for any lawful purpose.
In no event will you or anyone else be entitled to any compensation or acknowledgement for our use of any of your content. your provision of your content is entirely voluntary and will not create any confidentiality obligation for us.
The provisions in this section are not intended to and do not have the effect of transferring any ownership (including intellectual property rights).
you retain ownership over all store content that you upload to an spoonstream store; however, by making your store public, you agree to allow others to view your store content. you are responsible for compliance of store content with any applicable laws or regulations.
We may but have no obligation to, remove store content and accounts containing content that we determine, in our sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these terms.
You hereby grant us a non-exclusive right and license to use your name and such of your trade
names, trademarks, and service marks (collectively, "your marks") as provided
to us in connection with these terms (a) on spoonstream' own websites, (b) in printed
and online advertising, publicity, directories, newsletters, and updates describing the
platform and (c) in applications reasonably necessary and ancillary to the foregoing.
For our own operational efficiencies and purposes, we form regularly backup data on our servers,
but we are under no obligation or duty to you to do so under these terms. It is solely
your duty and responsibility to separately backup your files and data that may reside
on spoonstream servers. Under no circumstances will spoonstream be liable to anyone for
damages of any kind, under any legal theory, for loss of your files and/or data on any
Maintenance and updates
from time to time, we may update the platform for many reasons, including but not limited to, (a) maintaining pci compliance; (b) fixing bugs or problems in previous versions; and/or (c) enhancing functionality or features. we make no warranty that such updates will not affect your use of the platform, or introduce new but unknown bugs into the platform. Furthermore, we shall not be responsible for the effect an update has on any code that is not provided by us, and any modifications to such code to restore functionality shall be your sole responsibility and cost.
we will only provide technical support for the most recent update or version of the platform.
from time to time, we may provide support for an older version, however we reserve the
right to suspend or terminate such support at any time, with or without notice.
All payments are non-refundable.
spoonstream does not provide refunds or credits and does not provide refunds to account owners who do not use or log in to their accounts ,or do not receive orders.
spoonstream will not issue any refund of the fees in case your customer returns,
cancels or does not pay for the ordered item, or in case a refund or chargeback
is issued to your customer. You will deal with and be responsible for any and
all order cancellations, returns or non-payments directly with the relevant customer.
you acknowledge that customer returns, cancelled orders and fraudulent transactions are inherent risks in the business of selling online, and that issuing refunds for these risks will compromise the platform and your online store. thus, you agree to apply in-store policies to avoid encountering these risks and verify certain transaction details prior to shipping your product to customers.
When your billing period is over, we will send you an invoice to the email provided. you will have not more than 4 working days to bring up and settle any issues with the billing.
You have the obligation to review all charges for accuracy. you have 10 calendar
days from the date of billing to contact us to dispute the charge. Failure to
do so within the specified time frame will constitute your agreement that all
charges are valid, and you thereby waive any claims it may have had regarding
All fees and prices are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“taxes”).
You are responsible for all applicable taxes that result from your subscription or
purchase of spoonstream’ products and services. these taxes are based on
the rates applicable to the lebanese billing address you provide to us. such
amounts are in addition to fees for such products and services, including without
limitation, your subscription to or purchase of spoonstream’ online platform,
pos platform, pos equipment, apps, themes and domains (“taxable offerings”)
and will be calculated at the time of purchase of the applicable taxable offerings.
if you are exempt from payment of such taxes, you must provide us with an original
certificate that satisfies applicable legal requirements attesting to tax-exempt
status. tax exemption will only apply from and after the date we receive such
You must notify us of your intent to cancel your subscription at least 60 calendar days before the subscription renewal date. if notice is not received before such date, your subscription will automatically renew for the subsequent renewal period.
Upon cancellation of your subscription by either party for any reason:
we will cease providing you with the platform and you will no longer be able to access your account;
Any outstanding balance owed to us for your use of the platform through the effective date of such termination will immediately become due and payable in full; and your online store(s) and app(s) will be taken offline.
if you purchased a domain name through us, upon cancellation, your domain will no longer be automatically renewed. following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
to initiate a cancellation, email [email protected] we will send you an official confirmation
if and when your subscription has been cancelled.
The availability of technical support starts on the date you subscribed to the platform, and automatically renews with the subscription.
All packages are offered with free technical support. this support is available online through spoonstream tickets or emailing [email protected] All tickets are responded and addressed to on a “first come, first serve” basis.
Our support includes, support on any usability problems, support on any platform accessibility problems, platform usage consultancy, content update consultancy
For normal non time-critical requests. Our office hours are Monday to Friday, 8.00 am until 5:30 pm beirut time excluding official holidays. During this time we will respond to any support requests within 1 hour either via email or phone. Outside of office hours we will endeavour to respond within 24 hours, otherwise within the first 2 hours of the next working day.
For time-critical requests. A 24/7 support line or a live chat and email will be available during non-working hours. During this time we will respond to any critical support requests in less than 1 hour either via email or phone. Technical support personnel will be able to start acting immediately on resolving critical issues.
Critical issues are issue that renders the platform unusable, [ie not being able to post or process orders], causes loss/corruption of stored data, exposes security vulnerabilities or any severe performance issue.
Services not included in our support services obligation:. Issues related to logistical deliveries,
issues related to running your offline business, content updates [ After launch ], issues
related to your inability to take orders due to faults in your systems or internet connectivity.
Prohibitions and restrictions
Using the platform as a catalogue with no intention of using it as an online store is prohibited and will result in termination of your account without prior notice.
You may not use the platform for any illegal or unauthorized purpose, or to violate any laws in your jurisdiction (including but not limited to copyright laws).
Verbal or written abuse of any kind (including threats of abuse or retribution) of any spoonstream customer, employee, member, or officer will result in immediate account termination.
you represent, covenant, and warrant that you will use the platform in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold us and our content providers and the respective directors, officers, employees and agents of each harmless against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. although we have no obligation to monitor the content provided by you or your use of the platform, we may do so and may remove any such content or prohibit any use of the platform it believes may be (or alleged to be) in violation of the foregoing.
The terms are for the use of the platform. the terms do not grant you a license to any software.
you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
platform, use of the platform, or access to the platform without our express written
permission. you will not, directly or indirectly, reverse engineer, decompile, disassemble,
or otherwise attempt to discover the source code, object code, or underlying structure,
ideas, or algorithms of or included in the platform or any software, documentation or
data related to the platform; modify, translate or create derivative works based on the
platform or any software; or copy (except for archival purposes), distribute, pledge,
assign or otherwise transfer or encumber rights to the platform or any software; use
the platform or any software for timesharing or service bureau purposes or otherwise
for the benefit of a third party; or remove any proprietary notices or labels.
You acknowledge that we will use the email address you provide as the primary method for communication. It is under your responsability to notify us of any email issues you are encountering.
For every email messages you send in connection with the platform, you acknowledge and agree
that the recipient has agreed to receive such communication and that you will not engage
in the act of sending unsolicited emails.
No credit card information is stored in any way.
You acknowledge and agree that: (a) the platform including without limitation, any modifications,
enhancements and updates, and any originals and copies thereof, in whole or in part,
and all intellectual property rights therein (collectively, "proprietary information")
are owned by us and/or our third party sponsors, partners, and other co-branders (collectively,
"content providers"), (b) the proprietary information contains valuable copyrighted
material and is protected by local and international copyright and other intellectual
property laws, (c) the proprietary information is licensed, rather than sold, to you
pursuant to these terms, and (d) you have no rights in the proprietary information, other
than the rights and licenses granted to you herein.
"spoonstream" and our logos (both words and design) either are our trademarks,
service marks, or registered trademarks or our content providers, and may not be copied,
imitated or used, in whole or in part without our prior express written consent or that
of our content providers. in addition, all page headers, custom graphics, design and
user interface elements, and scripts are service marks, trademarks, and/or trade dress
of spoonstream and may not be copied, imitated, or used, in whole or in part without
our prior written permission, which consent may be withheld in our sole discretion.
Limitation of liability
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall we or our suppliers be liable for lost profits, or any special incidental or consequential damages, arising out of or in connection with the platform or these terms (however arising including negligence). you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
spoonstream, our officers, directors, employees, and agents, separately or collectively,
will in no event be liable for more than the total fees actually received by spoonstream
from you for the services during the one-month period before the claim or cause of action
arose. multiple claims will not expand this limitation.
your use of the platform is at your sole risk. the platform is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
we do not warrant that the platform will be uninterrupted, timely, secure, or error-free.
we do not warrant that the results that may be obtained from the use of the platform will be accurate or reliable.
we do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you through the platform will meet your expectations, or that
any errors in the platform will be corrected.
You agree to defend, indemnify and hold us and our content providers and the respective directors,
officers, employees and agents of each harmless from and against any and all claims,
losses, damages, liabilities and costs (including, without limitation, reasonable attorneys'
fees and court costs) arising out of or relating to your breach of any of these terms
or use by you or any third party (authorized, permitted or enabled by you) of the platform,
except to the extent the foregoing directly results from our own gross negligence or
willful misconduct. we reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you. this foregoing
indemnification will survive any termination or expiration of these terms or your use
of this website or the services.
We reserve the right at any time, and from time to time, to modify or discontinue, the platform (or any part thereof) with or without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the platform.
We reserve the right to refuse the use of the platform to anyone for any reason at any time.
Term and termination
Ee may terminate the terms or the platform at any time with or without cause, and with or without notice. we will have no liability to you or any third party because of such termination.
If at the date of termination of the platform, there were any outstanding fees, you will receive one final invoice via email. once that invoice has been paid in full, you will not be charged again.
Upon termination or expiration of the terms by either party for any reason, (a) we will cease from providing the platform, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to us for your usage of the platform through the effective date of such termination or expiration will immediately become due and payable in full. all sections of these terms which by their nature should survive termination will survive termination, including and without limitation, warranty disclaimers and limitations of liability.
Upon termination or expiration of these terms by either party for any reason, we may delete
your archived data within 30 days after the date of termination.
termination shall not affect the rights of spoonstream to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys’ fees or expert witnesses’ cost or other costs of any kind under these terms.
Third party platform
In addition to these terms, you also agree to be bound by the additional service-specific terms applicable to services you purchase from or that are provided by our partners, or other third parties.
We may from time to time recommend, provide you with access to, or enable third party software, applications (“apps”), products, services or website links (collectively, “third party platform”) for your consideration or use. Such third party platform are made available only as a convenience, and your purchase, access or use of any such third party platform is solely between you and the applicable third party services provider (“third party provider”). Any use by you of third party platform offered through the platform is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such third party platform before using them.
We do not provide any warranties with respect to third party platform. you acknowledge that we have no control over third party platform, and shall not be responsible or liable to anyone for such third party platform. the availability of third party platform on spoonstream, or the integration or enabling of such third party platform with the platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. we strongly recommend that you seek specialist advice before using or relying on third party platform, to ensure they will meet your needs. in particular, tax calculators should be used for reference only and not as a substitute for independent tax advice. when assessing the correct tax rates you should charge to your customers.
If you install or integrate with a third party platform for use with the platform, you grant us permission to allow the applicable third party provider to access your data and to take any other actions as required for the interoperation of the third party platform with the platform, and any exchange of data or other interaction between you and the third party provider is solely between you and such third party provider. we are not responsible for any disclosure, modification or deletion of your data or store content, or for any corresponding losses or damages you may suffer, as a result of access by a third party platform or a third party provider to your data or store content.
Under no circumstances shall we be liable for any direct, indirect, incidental, special,
consequential, punitive, extraordinary, exemplary or other damages whatsoever, which
result from any third party platform or your contractual relationship with any third
party provider. these limitations shall apply even if we have been advised of the possibility
of such damages. the foregoing limitations shall apply to the fullest extent permitted
by applicable law.
Reservation of rights
We reserve the right to provide our services to your competitors, and make no promise of exclusivity in any particular market segment, or any feature of the platform. You further acknowledge and agree that spoonstream employees and contractors may also be spoonstream customers/merchants, and that they may compete with you, although they may not use your confidential information in doing so.
Except for the rights expressly granted to you pursuant to these terms, you acknowledge that
you have no right, title or interest in or to this website, the platform or proprietary
information. All rights not expressly granted by us in these terms are hereby reserved
by spoonstream. there are no implied rights.
These terms constitute the entire agreement between you and us and govern your use of the platform, superseding any prior terms between you and us (including, but not limited to, any prior versions of the terms).
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.
If any provision of these terms is found to be unenforceable or invalid, that provision will
be limited or eliminated to the minimum extent necessary so that these terms will otherwise
remain in full force and effect and enforceable.
you may not assign the terms without our prior written consent, which we may refuse in our sole discretion. any attempt by you to assign these terms without our prior written consent will be deemed null and void. we may assign these terms at any time.
Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
The failure of spoonstream to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture or employment is created as a result of these terms, and you do not have any authority of any kind to bind spoonstream in any respect whatsoever.
Nothing in these terms shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect of these terms. there are no third party beneficiaries of these terms.
We will have no liability to you or any third party for our failure to perform our obligations
under these terms in the event that such non-performance arises as a result of the occurrence
of an event beyond our reasonable control, including without limitation an act of war
or terrorism, natural disaster, failure of electricity supply, riot, civil disorder,
or civil commotion or other event of force majeure.
governing law; jurisdiction
Any dispute arising out of these terms or the performance thereof shall be resolved by submitting the same to nonbinding mediation and thereafter, if not resolved, by any other legal processes available at law. mediation shall be conducted by an independent qualified mediator agreed to by both parties. if the parties fail to agree as to a mediator within ten (10) days of the first notice of mediation from one party to the other, the choice of a mediator shall be made by another mediating or arbitrating entity selected by both parties at a location in lebanon or via teleconference. in any action at law or in equity or in any proceeding to enforce or interpret the terms of these terms, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, paralegal fees, costs of discovery, all fees and costs of appellate proceedings, and necessary disbursements in addition to any other relief to which such party may be entitled.
the laws of lebanon will govern the validity and construction of these terms and any dispute arising out of or relating to these terms, without regard to the principles of conflict of laws. you hereby consent and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to the jurisdiction and venue of the courts located in lebanon.
Last updated: 21 Oct 2017