C3 Food Systems, a Blue World Application
Custom Catalog Creator
Contact Information
appC3.com
Blue World (New York), Inc. (hereinafter, “Blue World”)
Product and Pricing
C3 Food Systems found at AppC3.com (the “Site”)
Product Description—A subscription based online application by which a user may manage food production
and ordering at the route, account, machine, or food item level, and track waste for optimized and predictive modelling.
Four Levels of Pricing (each a “Subscription Level”).
- Tier One – Up to ten routes or
one hundred machines. Seven hundred and ninety nine ($799.00) dollars per month
- Tier Two – Up to twenty routes
or two hundred machines. Nine hundred ninety nine ($999.00) dollars per month
- Tier Three – Up to 40 routes
or four hundred machines. One thousand two hundred and ninety nine ($1299.00) dollars per month
- Tier Four – Call or email
for customized services and pricing
- Integrations to Vend Management Systems (VMS) may be available for C3 to post orders using web
services. If Subscriber requests to enable a VMS integration subscription rate will increase by
three hundred dollars ($300) per month.
The related fees (as set forth above) associated with each Subscription Level are known as “Subscription Fees”.
Billing of credit cards will take place on the first Tuesday of each month (the “Billing Date”) and
shall apply to the calendar month in which the user is billed for Subscription Fees. Billing of non-credit
card invoices will occur quarterly or annually to the designated email address of the subscriber.
Cancellations of subscriptions or change to status of Subscription Level must be placed prior to the next Billing Date.
Shipping and Delivery
Upon Subscription user is given access to the features commiserate with their related Subscription Level.
Minimum access requirements must be met by user for access with includes Internet access and a modern
compatible web browser reasonable updated to its latest version. No shipping, delivery or off-line use is available.
Refund Policy
Subscriptions may be cancelled to avoid future Subscription Fees. No refund is available for partial
month cancellations (or quarterly or annually as applicable) and access to the Site may continue until
the end of the calendar month or period for which payment has been made.
Terms of Use
Terms of Service and Subscription.
Custom Catalog Creator (AppC3.com) (the “Site”) and all related services for which any user may subscribe,
including 30-day free trails, discounted subscriptions or any other free or discounted subscriptions (“Subscription”)
are owned and operated by Blue World (“We”, “Us” or “AppC3.com”). By using, accessing or subscribing to
Our Site, you (“You, “Your” or, “User”) agree to these Terms of Service and Subscription (the “Terms of Service”).
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, IMMEDIATELY STOP ACCESS TO THIS SITE.
Subscriptions and Fees
By subscribing to the Site You acknowledged and agree to the following billing practices:
Users agree that a valid credit card is required to access any Subscription services available via the Site whether
billed or not. A valid credit card shall consist of a VISA®, Master Card®, Discover® or American Express® Card which
is unexpired and accompanied by a valid CVV (“Valid Credit Card”). You must maintain a Valid Credit Card at all times.
You acknowledge and agree that Subscription Fees (fees incurred for Subscriptions) shall be billed on the first
Tuesday of each month for the current calendar month (the “Billing Date”). You agree that all cancellations or
downgrades of Subscriptions must be made by midnight prior to the Billing Date to be effective for such month’s
billing cycle. All cancellations shall be effective at the end of the current calendar month and User may continue
using the services under its Subscription for the remainder of such calendar month so long as the User continues to
comply with these Terms of Service. All Subscription upgrades shall be effective upon payment for the difference
in price for such Subscription and shall not be pro-rated for the month in which it is incurred.
Intellectual Property.
You agree and acknowledge that all content and information on the Site is the property of Blue World and is protected
by all applicable rules and laws relating to proprietary and intellectual property rights.
Disclaimer of Warranty.
You expressly agree that use of the Site or any Subscription thereof is at Your sole risk and discretion. The
Site and all content provided by Us and other information contained on the Site (“Provided Content”) is provided
on an “As is” and “As Available” basis without warranty of any kind, whether express or implied. All information
which You or a User under your Subscription provide or input into the Site (“User Content”) shall be at Your sole
risk and discretion. We shall have no responsibility for accuracy or updates relating to User Content. AppC3.com
will use its reasonable commercial efforts consistent with prevailing industry standards to maintain the Site in a
manner which minimizes errors and interruptions in the Site, however, We make no warranty that (i) the Site, Provide
Content, User Content or Third Party Content (each as defined herein) shall be uninterrupted, timely, secure or
error-free; or (ii) the results that may be obtained from use of the Site or Subscription will be effective, accurate
or reliable. The Site and Provided Content may include technical mistakes, inaccuracies or typographical errors. You
acknowledge and agree that the User Content, its accuracy and reliability, is Your sole responsibility and You bear
the responsibility of maintaining updates and the accuracy of the User Content. AppC3.com may change, at any time and
without notice, the Site and Provided Content. User acknowledges and agrees that compliance with all applicable rules,
regulations and laws relating to such food products, its consumption, costing, recipe management, and nutrition labelling
is ultimately the Users sole responsibility. You specifically acknowledges that the accuracy and compliance of nutritional
labels varies from jurisdiction to jurisdiction and knowledge of and compliance with each such jurisdiction is solely Your
responsibility.
Limitation of Liability.
In no case shall AppC3.com be liable in an amount in excess of one month’s Subscription fees for any damages regardless
of the actual amount of damages claimed, incurred or proven. Any claim of damages must be made to AppC3.com in writing
within 30 days of User’s receipt of notice or shall such claim shall be forfeited and null.
In no event shall AppC3.com or its affiliates be liable for any indirect, incidental, special, regulatory, punitive damages
or consequential damages of any kind, including, but not limited to fines, consumer complaints or actions, or regulatory
fines , or any damages whatsoever arising out of or relating to your use of the Site, the Provided Content, User Content,
Third Party Content or any other information obtained within the Site.
Third-party Advertisements, Links, Sites and Content.
The Site may contain access other websites, advertisements, recipes or content provided by third parties via a link,
option or opt-in (“Third Party Content”). All Third Party Content is provided solely as a convenience and does not
imply an endorsement of, accuracy of or association with Appc3.com.
Modifications to these Terms.
We reserve the right to change or modify any of the terms and conditions of this Terms of Service at any time.
You acknowledge and agree that it is Your responsibility to review the Site and the Terms of Service from time to time.
Your continued use of the site and its Subscription after the modification to the Terms of Se vice will constitute
acknowledgement of the modified Terms of Service and your agreement to be bound by the modified Terms of Service.
Termination of Use.
AppC3.com shall have the right to immediately terminate or suspend, at its sole discretion, Your access to all or
part of the Site upon the occurrence of any of the following events:
Cancellation of Your Subscription;
Failure to pay for Your Subscription;
Expiration of or the decline of your Valid Credit Card; or
Probable breach of any of these Terms of Service or operating
outside of authorized use, determined solely at the discretion of AppC3.com.
Governing Law.
Any dispute arising out of or relating to these Terms of Service and /or any use by You of the Site or Your Subscription
shall be governed by the laws of the State of New York, without regard to the conflicts of laws provision therein.
Privacy Policy
AppC3.com is committed to protecting Your privacy. The AppC3.com Privacy Policy (“Privacy Policy”) describes the privacy
practices for the Site (as defined in the Terms of Service). This Privacy Policy is part of, and is hereby incorporated
into, the Terms of Service including all defined terms. If You do not agree with the Terms of Service in its entirety,
do not use this Site.
Collected Information.
We may collect the certain information (“Collected Information”) when you register on or fill out a form on the Site. Such information may include:
Email address, Name, Address, Company and/or Security Questions
Uses of Collected Information.
All information You provide to Us is used solely to provide access to the Site and provide a better service experience. We may use Your Collect Information for the following reasons:
Communication with you regarding Your Subscription, Your service request or inquiry
Questionnaire relating to Our Services or the Site to improve the quality thereof.
Our use of legal use of Collected Information may occur, be disclosed, or be required due to any of the following reasons:
An Order or in compliance with the law or legal process
Protect and defend Our property rights
For the safety and protection of You, Your rights, or the general public
For the protection of the Site
As part of a corporate transaction such as a merger, acquisition, divestitures,
consolidation, restructuring or asset sale.
AppC3.com agrees not to use Your User Content for any reason other than in the provision of services under Your Subscription,
unless specifically authorized for limited or broader use by AppC3.com or another User, or unless specifically shared with
another User, or group of Users via the Site.
Meta-data may be collected with respect to recipe details and may be provided on an anonymous basis to third-parties for
analysis, discussion and procurement of value-added services for the Site.
In furtherance of Your protection, We have placed procedures and policies to guard your Collected Information. When accessing
the Site, you must do so using a modern web browser Secure Socket Layer (SSL) technology for server authentication and data
encryption to help ensure that the data You transmit to Us remains safe and secure.
Usage of Cookies.
A cookie may be used to support for Your session based log-in.
As a User that the terms of this TOU as applicable to You in all cases and for a period of five (5) years following the
termination of your rights hereunder by BW or Licensee. User agrees only to use the Data Set in keeping with the instruction
of the Licensee and only in the furtherance of Licensee’s legitimate business interest. User agrees not to share the Data
Set or any portion thereof with any other party not authorized by Licensee. User may not transport the Data Set or any
portion thereof to a separate database or co-mingle the Data Set with other information.
User agrees not divulge or share their log-in information (User Name and Password) with any other third party. User agrees
they will not display the Site or its functionality to any third party for any reason. User agrees that BW retains full
and complete title to the Site and its content, design, and software including reporting formats, application tools and
methodology and to all of the associated intellectual property rights associated therewith. User agrees that Data Owner
retains full and complete title to the Data Set to all the associated intellectual property rights associated therewith.
User may not redistribute or sell, reverse engineer, disassemble, or otherwise convert any of the Site to any other form.
User agrees that should it be informed by Licensee, its employer or BW that User is no longer authorized, or if User is
granted access to the Site pursuant to their employment and such employment ceases, User shall under no circumstances
log in or access the Site and shall not use any portion of the Data Set User may have in its possession. User agrees
that all such cases of the pervious sentence, User shall destroy and render unless all portions of the Data Set in its
possession and shall not transfer any such portion to a third party or its private environment.
User agrees that any violation of these terms may cause irreparable damage to BW , Licensee or Data Owner. User agrees
that if in any way violates the Terms of Use or if the Terms of Use by User, BW, Data Owner and Licensee may not have
an adequate remedy at law. In the event of an actual or threatened violation by User of its responsibilities and obligations
under the Terms of Use, User agrees that BW, Data Owner and/or Licensee shall be entitled to seek an injunction or specific
performance for any violations or breaches by User, its employees or agents without the necessity of such damaged party
showing that monetary damages would not afford an adequate remedy.
JURISDICTION AND OTHER MATTERS
BW controls and operates the Site from its offices in Manhattan, New York, in the United States of America. This in no way
implies that the information or materials on this site is appropriate or available for use outside of the United States.
If you use this site from locations outside of the United States, you are responsible for compliance with any applicable
local laws.
This Terms of Use, and the agreement they create, shall be governed by all applicable Federal laws of the United States of
America and the laws of the State of New York (without applying the state's conflict-of-law principles). Further, User
agrees that any and all claims, disputes or causes User may have shall only be brought in the proper court or authority
within the jurisdiction of New York, New York.
Further, User agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or relating to your use of the Site or this Terms of Use must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability
of any remaining provisions. These Terms of Use, and the agreement created thereby may be amended, at any time, simply
by updating this posting and without any further notice to User. This constitutes the entire agreement between User, BW,
Data Owner and Licensee Blue World regarding the terms and conditions of your use of the Site.