Terms And Conditions
Valid from: 01 May, 2020
ACCEPTANCE OF TERMSThis agreement sets forth legally binding terms for your use of Acuolina™. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Acuolina™. You agree to be bound by any modification to this terms and conditions when you use Acuolina™ after any such modification is posted; it is therefore important that you review this agreement regularly. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Acuolina™. You agree to be bound by any modification to this agreement when you use Acuolina™ after any such modification is posted; it is therefore important that you review this agreement regularly. You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
ELIGIBLITYYou may use the services only if you can form a binding contract with Acuolina™, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child. By registering and using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
ACUOLINAAcuolina™ offers through this website a virtual space where restaurant owners can publish their businesses, products and services. All published information about the restaurants, their products and services, seen on the website must be confirmed with the restaurants' staff. Images published by users may only be an example and cannot reflect reality. The content published by users, its reality and accuracy are the sole responsibility of the users. For more information about our services, please contact us, through our contact information, our support team will be attentive and available to answer your questions and concerns.
USERS (RESTAURANTS)If you wish to register with the Acuolina™, in order to publish your restaurant, services and products, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable laws and jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Acuolina™, (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Acuolina™ reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.
ACCOUNT AND SECURITYIf you register on Acuolina™, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Acuolina™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Acuolina™. Acuolina™ will not be liable for any loss or damage arising from your failure to comply with this agreement. By providing Acuolina™ with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.
ACCOUNT DELETION AND TERMINATIONThe users may terminate their accounts any time, for any reason, by following the instructions on Acuolina™. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Acuolina™. Acuolina™ reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Acuolina™ believes that you have breached any of these terms, furnished Acuolina™ with false or misleading information, or interfered with use of the website or the service by others.
SUBSCRIPTIONSAcuolina™ will offer subscriptions through this website. When you place an order for a subscription, you are offering to buy the subscription for the advertised price declared on the website, in accordance with the features offered on Acuolina™ website. Please check the price and characteristics of the subscription, before placing an order for a subscription. When a website user with the intent to purchase a subscription on the website, places an order online, Acuolina™ will send that user an email to confirm that the order for the subscription purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their subscription details. Acuolina™ may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the subscriptions at any time at its sole discretion. If an order is cancelled, any payment made for the subscription will be refunded in full. This does not affect your Statutory Rights.
AUTOMATIC RENEWALSubscription may include automatic recurring payments for periodic charges. You authorize Acuolina™ to renew your subscription and to be charged periodically and progressively. The Subscription Billing Date” is the date when you purchase your first subscription. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration.
PRICESAcuolina™ reserves the right to determine package prices. Acuolina™ will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Acuolina™ may change the fees for any package, including additional fees or charges. Acuolina™, at its sole discretion, may make promotional offers with different features and different pricing to any of Acuolina™ customers
PAYMENTSYour payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the subscriptions. Acuolina™ reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the subscriptions. Payment will be debited from your credit card or debit card, immediately on you placing the order for the subscription you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. The subscription will be active, and will show when the next payment date is. You can cancel the subscription at any time, but please note, once a payment is submitted and the subscription is active, we cannot offer a refund.
REFUNDSNo refunds or partial refunds are given should you terminate a subscription before your renewal date; however, you will retain access to the Service until the end of your payment term.
THIRD-PARTY MATERIALS“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
LICENSE TO USE THE PLATFORMAcuolina™ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Acuolina™ as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Acuolina™, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Acuolina™ website and/or third parties.
DISCLAIMERThe products or services published by the restaurants of Acuolina™ registered users are not offered or provided by Acuolina™. Acuolina™ services are limited to providing the platform to publish such services, products or restaurants. Acuolina™ is not responsible at any time for the products or services offered by Acuolina™ registered users. Acuolina™ makes no representation as to the accuracy, safety or legality of products, services or content published on Acuolina™ by users. Acuolina™ does not represent the services, products or restaurants of registered users. Use of these services and products is at your own risk. Acuolina™ does not accept any claims for content, products or services offered by restaurants published by Acuolina™ registered users. Acuolina™ is not responsible for any damage to the physical or moral integrity of people, such as injuries, death or any other moral damage such as threats, insults and slander that could fall on a natural person, as a result of the communications established in the Acuolina™ website. The communications and relationships established between users as a result of any connection within the Acuolina™ website is the sole and exclusive responsibility of the users. In the event that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in those claims or actions exempt Acuolina™ from any responsibility.
RESALE OF SERVICESUsers may not resell the services or any portion of the content or the functionality of the platform, to any other party without prior written permission from Acuolina™, which may be granted or withheld in Acuolina™ sole discretion.
SECURITY COMPONENTSYou understand that Acuolina™ and software embodied within Acuolina™ may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Acuolina™ and/or content providers who provide content to Acuolina™ platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Acuolina™.
COPYRIGHTAll materials on Acuolina™, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Acuolina™ or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Acuolina™ are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Acuolina™ prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Acuolina™ or any part of the material for any purpose other than its intended purposes is strictly prohibited.
COPYRIGHT COMPLAINTSAcuolina™ respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Acuolina™ website infringe upon your copyright or other intellectual property right, please send the following information to:
USER CONTENTCertain features of the website may permit users to upload content, which may be comprised of messages, photos, images, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. Acuolina™ is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
LICENSE GRANT TO ACUOLINABy providing User Content to or via the service, you grant Acuolina™ a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
USER CONTENT REPRESENTATIONS AND WARRANTIESAcuolina™ disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
USER CONTENT DISCLAIMERWe are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Acuolina™ may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Acuolina™ with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Acuolina™ does not permit copyright-infringing activities on the Service.
ACCURACY AND TIMELINESS OF INFORMATIONWe do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
NON-COMMERCIAL USEThe service may not be used in connection with any commercial purposes, except as specifically approved by Acuolina™. Unauthorized framing of or linking to any of Acuolina™ is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.
THIRD PARTIESAcuolina™ contains content of third-party licensors to Acuolina™, which is protected by copyright, trademark, patent, trade secret and other laws. Acuolina™ owns and retains all rights, title and interest in the content. Acuolina™ hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Acuolina™ or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Acuolina™ and using the services. Any dealings with third parties included within or on Acuolina™ involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Acuolina™ is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Acuolina™ does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Acuolina™ or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Acuolina™ is provided to you for informational purposes only. Acuolina™ encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Acuolina™ works to ensure the information on Acuolina™ is current and accurate.
ACCOUNT DELETION AND TERMINATIONThe users may terminate their accounts any time, for any reason, by following the instructions on Acuolina™. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Acuolina™. Acuolina™ reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Acuolina™ believes that you have breached any of the terms of this agreement, furnished Acuolina™ with false or misleading information, or interfered with use of the website or the service by others.
PROHIBITED ACTIVITIESThe content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Acuolina™ or licensed to the Acuolina™ by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
DISCLAIMER OF WARRANTIESAcuolina™ will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services. Because of the nature of the Internet Acuolina™ provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Acuolina™ for any loss or damage caused as a result. Acuolina™ will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Acuolina™ excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Acuolina™ and Acuolina™ shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
ELECTRONIC COMMUNICATIONSNo responsibility will be accepted by Acuolina™ for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
INDEMNIFICATIONYou agree to defend and indemnify Acuolina™ from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
CHANGES AND TERMINATIONWe may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
ASSIGNMENTThis agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Acuolina™ without restriction.
DISPUTESYou agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Acuolina™ website, the website will be settled by binding arbitration between you and Acuolina™, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Acuolina™ are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Acuolina™ otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
HEADINGSHeadings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONSThese Terms are governed by the law of USA. Use of Acuolina™ website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use. If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.