The OIDO web app, the website and the digital platform, which are the property of OIDO Order & Pay Systems, S.L., hereinafter referred to as OIDO, can be used in your company at your own risk and free will. It is mandatory that you read and agree to their ‘legal texts’ (hereinafter the Privacy Policy and the present Terms). If you do not agree with the content of the legal texts, you must stop using the app.
By registering for the app and subsequently using the app, the person acquires the status of ‘user’ and accepts the full provisions of the legal texts as published at the time of use of the platform. In addition, the user declares that he or she has sufficient legal capacity to enter into these terms and conditions personally and/or, where applicable, on behalf of a company or legal entity that has sufficient authority to bind it to these terms and conditions. In any case, OIDO reserves the right, at its sole discretion, to update, change, update, remove or add features, or otherwise modify the Services at any time.
Intellectual Property Rights
The Services and the content of the Services, including but not limited to text, graphics, images, audio clips, digital downloads, data compilations, or code, are the property of OIDO, its licensors, or other providers of such material and are protected by Spanish and international intellectual property or proprietary rights laws. All of OIDO's trademarks, service marks, and trade names are trademarks or registered trademarks of OIDO. You may not use such marks without the prior written consent of OIDO or the respective owner or as provided below under ‘Links and Third Party Sites.’ You acknowledge and agree that the Services are provided to you on a temporary, non-transferable, non-exclusive, non-sublicensable basis. You may and should only use the Services in compliance with all laws and regulations applicable to you and your business. You do not acquire any ownership rights in the Services under these Terms or any rights therein, but only the right to use the Services in compliance with these Terms. OIDO and its licensors reserve all right, title, and interest in and to the Services except as expressly granted to you in these Terms. Through your use of the Services, you may be able to submit, upload, post or otherwise provide text, audio or visual content, including comments and feedback (the ‘Content’) to OIDO. As between you and OIDO, you retain ownership of all Content you provide. By providing Content to OIDO, you grant OIDO and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise exploit Your Content, without any further notice or consent from you, and without any payment to you or any other person or entity being required. The Services may allow you to submit feedback, posts and comments from the user community, technical support information, suggestions, enhancement requests, recommendations, and messages related to the use and operation of the Service (collectively, ‘Feedback’). You (a) grant us a royalty-free, fully-paid, non-exclusive, perpetual, irrevocable, worldwide, transferable licence to display, use, reproduce, modify, publish, perform, translate, create derivative works from, sublicense, distribute and otherwise exploit the Feedback without restriction, and (b) agree that we may use such Feedback for any lawful purpose, without restriction. This right will survive any termination of these Terms.
CHANGES TO THESE TERMS AND/OR LINKED TEXT
We may make changes to these Terms from time to time. When we do, we will post the most current version of the Terms on the Site or otherwise through the Services, and if a revision is material we will also notify you of the new terms (e.g., by email to the address specified by you during registration or by a notice on or through our Services). Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue use of the Services.
Links and Third-Party Sites
The Services may be linked to other sites on the Internet that are operated by third parties, including, without limitation, those operated by third-party providers. We have no control over these linked sites, each of which has separate privacy and data collection practices, independent of OIDO. We are not responsible for, and do not endorse, the availability, content, products, services, or use of third-party websites, websites accessed from a third-party site, or changes or updates to such websites. These linked sites are only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage of any sort you may experience as a result of dealing with any such third party site. You should contact the site administrator or the specific third-party site administrator if you have any concerns regarding such links or any content located on such third-party sites.
Third-Party Service
The Services may include features designed to interact with products, applications or services not provided by us, including, but not limited to, third-party payment processing systems or devices (collectively, ‘Third-Party Services’). To use such features, you may be required to obtain access to such Third Party Service from its provider (each, a ‘Third Party Provider’) and provide us with access to your account(s) with such Third Party Service or provide other information to enable the appropriate integration between the Services and such Third Party Service. Customer must provide us, or cause the applicable Third Party Provider to provide us, with all information and materials reasonably requested by us that are necessary to integrate the Third Party Service with the Services.
If you choose to use a Third Party Service with the Services, you authorise us to allow the Third Party Service and its provider to access any data provided to OIDO in connection with the Services as is reasonably necessary for the interoperation of that Third Party Service with the Services. We are not responsible for any disclosure, modification or deletion of such data resulting from access by a Third Party Service or Third Party Provider. Any acquisition of a Third Party Service by you and any exchange of data between you and a Third Party Service or its Third Party Provider is solely between you and the respective Third Party Provider.
We do not guarantee or support any Third Party Service provider's services. In addition, we cannot guarantee the continued availability of any Service features that interoperate with a Third Party Service and we may stop providing these features without violating this Agreement, for example, and without limitation, if a Third Party Service provider stops making the Third Party Service available to interoperate with the applicable Service features in a manner acceptable to us.
INDEMNITIES
You agree to indemnify and hold OIDO and its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) your violation of these Terms or any applicable law or regulation, (ii) your violation of any rights of a third party, including your customers or third-party providers, or (iii) use or misuse of the Services (including negligent or unlawful conduct) by you or any other person accessing the Services using your account. The obligations in this section will survive termination of these Terms.
COMMUNICATIONS
You acknowledge and agree that OIDO may provide you with notices and other disclosures required by these Terms, any other agreement, or by law, by electronic means, by posting such notices or other disclosures on the Services or by sending an e-mail to you at the e-mail address you have provided. Such notices or other disclosures shall be deemed received by you after they are posted on the Services or twenty-four (24) hours after sending the email to you, as the case may be. User acknowledges and agrees that all telephone calls between User and OIDO's personnel may be recorded and/or monitored for quality assurance, security, legal liability or other business purposes.
COMPLAINTS
The user can submit a complaint via the email address oido@oido.me.Notwithstanding. The European Commission provides a freely accessible platform for the out-of-court resolution of disputes regarding online purchases (ec.europa.eu/consumers/odr), to which the parties can voluntarily submit by involving the so-called dispute resolution body, which acts as an impartial mediator between the two parties.
- Link to the complaint form: https://ec.europa.eu/consumers/odr/main/index.cfmevent=main.home.show&lng=ES-
- Link to the online dispute resolution entity search:
APPLICABLE LEGISLATION AND JURISPRUDENCE
The applicable law is Spanish common law. The place of jurisdiction is Barcelona. The foregoing is without prejudice to any extrajudicial proceedings to which the parties voluntarily submit, in accordance with the peremptory provisions and the provisions of the section above on CLAIMS.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Subject to any statutory provisions to the contrary, you agree that any cause of action arising out of or related to your use of the Services must be instituted within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The obligations in this section shall survive the termination of these Terms.
TERMS OF USE
PURPOSE OF THE SERVICES
The purpose of the service is to provide the company's customers with a simple and convenient way to view their product list, place orders and pay for them as needed.
DURATION AND AVAILABILITY OF THE SERVICE
The term of the contract is valid as long as the user subscription to the platform is active and paid for. You can cancel your subscription in the settings, and this will take effect at the end of the month for which you have paid. The platform is available 365 days a year. We may terminate your use of the services at any time for any reason, and we may prohibit you from using the services at any time at our sole discretion.
USER LICENCE
When accessing the App for the first time, the user agrees to provide true, accurate, current and complete information as prompted by the registration process (e.g. name, phone number, email, password, hereinafter ‘personal data’) and must in any case read and accept the privacy policy for the processing of personal data and these terms and conditions in order to access the App and use its services. After registration is complete, the contracted licence limits the number of orders supported through the OIDO platform. In the settings, there is an option to switch between licences and to increase or decrease the number.
The OIDO subscription supports only one user and one location. The user is responsible for keeping the password secure and for the use of the user account and must protect it from unauthorised use. In addition, the User can change the personal data of his user account at any time via the app itself and can cancel his account at any time via the app. The User is solely responsible for access to and use of the Services by anyone using his account, whether or not access to and use of his account has been authorised by the User.
PERMISSIBLE USE
Except as otherwise expressly provided in these Terms or as expressly permitted by applicable law, you will not allow or authorise any third party to:
(a) rent, lease or otherwise allow third parties to use the Service, except as expressly set forth in these Terms;
(b) use the Service to provide services to third parties as a service bureau or in any manner that violates any applicable law;
(c) circumvent or disable any security or other technical feature or measure of the Service or attempt to do so; probe, scan, or test the vulnerability of any network or system or breach any security or authentication measures;
(d) upload or submit for processing any information or material that is false, misleading, illegal, defamatory, libelous, abusive, obscene or in violation of a third party's right of privacy or intellectual property rights;
(e) use the Service to harm, threaten or harass any other person or entity;
(f) transmit, store or distribute any viruses, worms, Trojan horses or other disabling code or malware components that are harmful to any network or system;
(g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, ‘data mine,’ collect email addresses or other personal information, make unsolicited email, call or mail, spoof, flood ing, overloading, spidering, screen scraping, database scraping or any similar or equivalent manual process to access, copy or monitor any portion of the Services or any Content, or in any way reproduce, circumvent, remove or disable navigation structure or presentation technology or any technology or any content on the Services;
(h) trace or attempt to trace information on other users of or visitors to the Services back to its source; or
(i) use, display, frame or mirror any part of the Services, our names, trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page without our prior written permission. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service or any underlying software. You will not alter or remove any trademark, copyright or other notice of ownership from copies of the Service and will include all such notices on any copies. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your licence.
Beta Version
From time to time, at our sole discretion, we may make certain features related to the Service available for you to try, which are clearly labelled as a beta, pilot, limited release, non-production version, or with a similar description (each, a ‘Beta Version’). Beta versions are for evaluation purposes and not for productive use, are not supported and may be subject to additional conditions. We may discontinue Beta versions at any time at our sole discretion and may never make them generally available. We do not accept any liability for damages arising out of or in connection with a Beta version.
Reservation of rights
We retain all right, title and interest in and to the Service, the underlying technologies and all related intellectual property rights, including without limitation any modifications, updates, customisations, maps, applications or other add-ons. Your rights to use the Service are limited to the rights expressly set forth in these Terms. We reserve all other rights in the Service and its underlying technologies. No rights are granted by implication, estoppel, or otherwise.
Service Availability
You are responsible for providing your information that we require to provide the Service. Actual Service coverage, speeds, locations, and quality may vary. We endeavour to provide the Services at all times, except for periods of maintenance and repair or in the event of emergencies or outages. The Services may be unavailable due to a variety of factors beyond our control, including, but not limited to, emergencies, third-party service outages, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, restricted or curtailed. Delays or omissions may occur. We are not responsible for any data, messages or pages that are lost, undelivered, delayed or misdirected as a result of interruptions or performance issues with the Services or communications services or networks. We may impose usage or service restrictions, suspend the Services, or block certain types of usage at our sole discretion to protect users, data, our systems, or the Services. The accuracy and timeliness of the data received is not guaranteed.
PRICES, ADDITIONAL COSTS AND PAYMENT METHOD
The prices for the subscriptions are indicated on the website and in the app. However, OIDO reserves the right to change the prices for its services at its own discretion. Payment for all subscriptions is made by credit card. OIDO reserves the right to change its payment and billing methods at any time.
Sometimes we change the pricing structure for our services. When we do this, we generally exclude existing customers from these changes. However, we may decide to change prices for existing customers. In this case, we will provide you with at least 30 days' notice and notify you using the email address provided in your records.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
RIGHT OF CANCELLATION AND LEGAL GUARANTEE
OIDO draws the user's attention to the fact that there is no obligation to provide the consumer with a cancellation document to cancel the order of the service via the app. This is because the service is a contract for the supply of goods clearly made to the consumer's specifications or goods that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, as provided for in paragraphs c), d) and l) of Article 103 of the Spanish General Law for the Protection of Consumers and Users. However, if the service received does not match the characteristics contracted by the User based on the description of the products in the App, or if the quality is below expectations, the User may communicate this to the Restaurant; in which case, if the Restaurant, at its discretion, accepts the return of products or orders, the return will be made for any reason as a credit for purchase outside the App.
FURTHER INFORMATION
In addition to the provisions contained in these Terms and Conditions, the User should also read the Privacy Policy. Please note that all of these texts are binding, i.e. part of the purchase of our services.
Last updated: 19 December 2022.