Terms and Conditions
BY USING THE SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS IN THIS SECTION. IF YOU OR YOUR COMPANY DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY DISCONTINUE USING THE WEBSITE AND/OR SERVICES.
As used in these Terms:
1) ”Remotely Hosted Software” referred as a software delivery model in which software and associated data are centrally hosted on a remote server, but not on the client server. Remotely Hosted Software is accessed by users using via a web browser and a client account, provided by us.
2) “Service” provides Remotely Hosted Software, together with any and all enhancements, upgrades and updates, hosting, technical support and maintenance.
3) Ezy Food Delivery, hereinafter referred to as ”Company” or ” Ezy Food Delivery ”, is the limited company registered in Spain, the legal owner of the domain name, website and the software provided through the Service.
5) ”Client” (hereinafter also refereed as ”You”) means individual or company who has registered for the Service and use the Service and the site.
I. USE OF SERVICE
1. The Service provides individuals and businesses with with remotely hosted food ordering system, which can be integrated on a website and use to facilitate food ordering process and the delivery service management.
2. You must register account before being able to use the Service. By completing the registration process, you consent to enter into this agreement and respect the Terms in regard of the Service. Company accepts this offer by activating the membership for the use of Service.
II. ACCOUNT TERMS
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. In the event of any changes in your data, you shall promptly make such changes known to the Company without undue delay. You shall not use pseudonyms or misrepresent yourself or take on the identity of someone else while using this service or for the purpose of creating and maintaining multiple profiles, or to engage in any illegal or prohibited activity.
4. One person or legal entity may not maintain more than one free account.
5. You are responsible for maintaining the security of your account and password. Ezy Food Delivery cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for providing and maintaining the internet access and all necessary telecommunications equipment, software and other materials, necessary for accessing the Service.
7. You are responsible for all materials posted and activity that occurs under your account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
9. Violation of any of these agreements will result in the termination of your Account. While the Company prohibits such conduct and materials on the Service, you understand and agree that the Company cannot be responsible for the materials posted and the content on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
III. FREE & PREMIUM ACCOUNTS
1. No payment is required prior to register your Free account. Paypal subscription payment is required to activate Premium Accounts or upgrade Free Accounts.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account or in case of closing your account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your country.
4. You must pay the fees and other charges for the Service. When upgrading or signing up for Premium Account you agree to pay monthly subscription payment and that your PayPal account will be automatically charged for each subscription period in advance. We reserve the right to adjust the monthly fee payable for the Service.
5. All clients are required to provide the Company with accurate and complete billing information, including legal name, physical address, e-mail address, telephone number, and, if applicable, automatic payment information. All customers are responsible for reporting to Ezy Food Delivery any changes in such billing information within twentyfive (25) days of such change.
IV. CANCELLATION, TERMINATION & REFUNDS
1. Client may terminate the use of the Service with or without cause by providing at least fifteen (15) days’ written notice to Ezy Food Delivery .
2. Premium Accounts automatically will be renewed unless canceled in writing prior to the monthly renewal date. Client may terminate his account by providing at least fifteen (15) days’ written notice to Ezy Food Delivery via e-mail to email@example.com. The effective date of termination must be the last day of a billing cycle, and written notification of termination must be received by Ezy Food Delivery no less than fifteen (15) days prior to the next billing cycle to be effective on the last day of the current billing cycle.
3. Free accounts are terminated immediately after the notice provided by Client.
4. Cancellation requests for Premium Accounts must be received before the due date for the next billing cycle.
5. Paid charges are not subject to refund. The effective date of termination must be the last day of a billing cycle and there will be no refunds or credits for partial months of service, or refunds for months unused with an open account or in case of closing your account.
6. Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ezy Food Delivery service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Ezy Food Delivery reserves the right to refuse service to anyone for any reason at any time.
V. SERVICE ALTERATION
1. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. Prices of Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the ezyFoodDelivery website and your account.
3. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
VI. PROPRIETARY RIGHTS
1. The Website, the Service and the software provided through is copyrighted by Ezy Food Delivery. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Ezy Food Delivery.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
3. We do not pre-screen content, but Ezy Food Delivery has the right (but not the obligation) in their sole discretion to refuse or remove any materials that is available via the Service.
VIII. OTHER CONDITIONS
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
2. Technical support is only available online or through email.
3. You understand that Ezy Food Delivery uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or with Ezy Food Delivery. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, any portion of the Website or access to the Service without the express written permission by Ezy Food Delivery.
5. We may, but have no obligation to, remove materials and Accounts containing materials that we determine in our sole discretion are unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
6. Under your registration for the Service you agree to receive emails with promotional materials. At any time you can unsubscribe to stop receiving such e-mails and promotional materials.
7. No part of the Website may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website without a prior written consent from the Company.
8. You may not use any of the pages of the Website in any way that will allow you to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
9. You may not use the Website or the Service in any manner that could damage, disable, overburden, or impair Ezy Food Delivery’s servers, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the Service offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
IX. DISCLAIMER OF WARRANTIES
1. The Services and all information on the Website is provided on an “as is” and “as available” basis.
2. Ezy Food Delivery does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations.
X. LIMITATION OF LIABILITY
1. You expressly understand and agree that Ezy Food Delivery 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 (even if Ezy Food Delivery has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
XI. INVALID PROVISIONS
1. If any provision herein is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right herein shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
XII. GOVERNING LAW
1. You agree that these Terms shall be governed in all respects by the laws and courts of Spain. The contracting parties agree that all disputes arising from and regarding these Terms will be resolved by common efforts of the parties. In case that the common consent can be obtain, any claim or dispute the User may have against Ezy Food Delivery. must be resolved by a court located in Spain.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. You agree to regularly review these Terms and be aware of the changes made. By continuing to use the Site after any posted revision, you agree to abide by it.