Registration for the App and the subsequent use of it will give on the individual the capacity of “User” and entails full acceptance of the complete provisions set out in the legal texts according to the version published at the time the platform is used.
Furthermore, the User declares that has sufficient legal capacity to enter into this Terms & Conditions personally and/or, where applicable, on behalf of any company or legal entity, having sufficient authority to bind it to these Terms & Conditions.
In any event, OIDO reserve the right to update, modify, upgrade, remove or add functionality or otherwise change the Services at any time in our sole discretion.
Intellectual Property Rights
The Services and the content of the Services, including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code, are owned by OIDO, its licensors or other providers of such material and are protected by Spanish and international intellectual property or proprietary rights laws.
All trademarks, service marks and trade names of OIDO are trademarks or registered trademarks of OIDO. You may not use such marks without OIDO’s or the respective owner’s prior written consent or as provided below in “Third Party Links and Sites”.
You acknowledge and agree that the Services are provided under a term limited, non-transferable, nonexclusive license, and not sold, to you. You may only use, and shall only use, the Services solely in accordance with all laws and regulations applicable to you and your business. You do not acquire any ownership interest in the Services under these Terms or any other rights thereto other than to use the Services in accordance with these Terms. OIDO and its licensors reserve and retain their entire 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, publish or otherwise make available to OIDO textual, audio or visual content, including commentary and feedback (the “Content”). As between you and OIDO, any content that you provide remains your property. However, by providing content to OIDO, you grant OIDO and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sub licensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms.
The Services may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Service (collectively, “Feedback”). You (a) grant to us a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit Feedback without restriction and (b) agree we may freely use such feedback for any lawful purpose without restriction. Such right shall survive the termination of these Terms.
CHANGES TO THESE TERMS AND CONDITIONS AND/OR LINKED TEXTS
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on the Site or otherwise through the Services and, if a revision to the Terms is material, we will also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on or through our Services).
Changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. 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 your use of the Services.
Third-Party Links and Sites
The Services may link to other websites 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 a separate privacy and data collection practices independent of OIDO. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.
Third Party Service
The Services may contain features designed to interoperate with products, applications, or services not provided by us, including, without limitation, third party payment systems or devices (collectively, each a “Third Party Service”). 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 may be required to grant us access to your account(s) on such Third Party Service or provide other information to enable the appropriate integration between the Services and applicable Third Party Service. Customer shall provide, and shall cause the applicable Third Party Provider to provide, us with any reasonably requested information and materials needed to integrate the Third Party Service with the Services.
If you choose to use a Third Party Service with the Services, you grant us permission to allow the Third Party Service and applicable Third Party Provider to access any data provided to OIDO in connection with the Services as required 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 any Third Party Service or Third Party Provider. Any acquisition by you of a Third Party Service, and any exchange of data between you and any Third Party Service or its Third Party Provider, is solely between you and the applicable Third Party Provider.
We do not warrant or support Third Party Services. Further, we cannot guarantee the continued availability of any Service features that interoperate with a Third Party Service, and may cease providing them without being in breach of this Agreement, if for example and without limitation, the provider of a Third PartyService ceases to make the Third Party Service available for interoperation with the corresponding Service features in a manner acceptable to us.
You agree to indemnify and hold harmless OIDO and its officers, directors, employees, agents, licensors and suppliers from and against 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, whether or not referenced herein, (ii) your violation of any rights of any third party, including your customers or Third Party Providers, or (iii) the use or misuse of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your account. The obligations in this section shall survive the termination of these Terms.
You acknowledge and agree that OIDO may provide notices and other disclosures to you, required by these Terms, any other agreement, or law, electronically by posting such notices or other disclosures through the Services or by emailing it to you at any email address provided to OIDO by you. Such notices or other disclosures shall be considered received by you following the posting through the Services or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
User acknowledges and agrees that any telephone calls between User and OIDO staff may be recorded and/or monitored for quality assurance, security, legal liabilities or other business purposes.
The User may submit a claim using the email address firstname.lastname@example.org.
Notwithstanding the foregoing, the European Commission offers a platform that is freely accessible for the extrajudicial resolution of disputes in online purchases (ec.europa.eu/consumers/odr ) to which the parties may voluntarily submit by means of the intervention of the Dispute Resolution Body, as it is called, which acts as an impartial intermediary between both parties.
• • Claim form link:
• • Link to the online dispute resolution body search tool:
APPLICABLE LEGISLATION AND JURISDICTION
The legislation applicable shall be Spanish common law. The law courts having jurisdiction shall be in Barcelona. The foregoing shall be notwithstanding any extrajudicial procedures to which the parties voluntarily submit pursuant to mandatory regulations and the provisions of the above section 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 applicable law to the contrary, you agree that any cause of action arising out of or related to the use of the Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
This obligations in this section shall survive the termination of these Terms.
The purpose of the Service is to provide a simple and comfortable service to the clients of the establishment to browse the products, place orders and pay according to their needs and convenience.
DURATION AND AVAILABILITY OF THE SERVICE
The duration of the agreement shall be in effect while the user subscription in the platform is active and paid for. Cancelation of the subscription is possible in the Settings and will be effective at the end of the month that is paid for. The platform shall be available 365 days a year. We may terminate your use of the Services at any time for any reason, and we may prohibit your use of the Services at any time in our sole discretion.
Upon accessing the App for the first time, User agrees to provide true, accurate, current, and complete information requested by the registration procedure (such as name, phone number, email, password, hereinafter “Personal Data”)..
The OIDO subscription only supports one user and one location.
User is responsible for safekeeping the password and for the use of the User account and protect it from unauthorised use. In addition, the User may change his/her User account Personal Data at any time in profile from the App itself and cancel his/her account at any time from the App.
User shall be solely responsible for all access to and use of the Services by anyone using his/her account, whether or not access to and use of his/her account is authorised by the User.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorise third parties to: (a) rent, lease, or, except as explicitly set forth in these Terms, otherwise permit third parties to use the Service; (b) use the Service to provide services to third parties as a service bureau or in any way that violates applicable law; (c) circumvent or disable any security or other technological features or measures of the Service, or attempt to probe, scan or test the vulnerability of a network or system, or to breach security or authentication measures; (d) upload or provide for processing any information or material that is false, misleading, illegal, defamatory, offensive, abusive, obscene, or that violates privacy or intellectual property rights of any third party; (e) use the Service to harm, threaten, or harass another person or organisation; (f) send, store, or distribute any viruses, worms, Trojan horses, or other disabling code or malware component harmful to a 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”, engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, 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 on the Services or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents; (h) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source; or (i) use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorisation from us. 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 will not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service or its underlying software. You will neither alter nor remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part 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 license.
From time to time, we may make available for you to try, at your sole discretion, certain functionality related to the Service, which is clearly designated as beta, pilot, limited release, non-production, or by a similar description (each, a “Beta Version”). Beta Versions are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. We may discontinue Beta Versions at any time in our sole discretion and may never make them generally available. We have no liability for any harm or damage arising out of or in connection with a Beta Version.
Reservation of Rights
We retain all right, title, and interests in and to the Service, its underlying technologies, and all related intellectual property rights, including without limitation any modifications, updates, customisations, cards, apps, or other add-ons. Your rights to use the Service on are limited to those expressly set forth in these Terms. We reserve all other rights in and to the Service and its underlying technologies. There are no rights granted by implication, estoppel or otherwise.
You are responsible for making Your Data available that is necessary for us to provide the Service. Actual service coverage, speeds, locations and quality may vary. We will attempt to provide the Services at all times, except for periods for maintenance and repair or in the case of emergencies or outages. The Services may be subject to unavailability for a variety of factors beyond our control including, without limitation, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, data, our systems, or the Services. The accuracy and timeliness of data received is not guaranteed.
PRICES, ADDITIONAL EXPENSES AND METHOD OF PAYMENT
The prices of the subscriptions are detailed on the website and in the App. Nevertheless, OIDO reserves the right to change the price of their services in our sole discretion.
Payment for all subscriptions are made with credit card. OIDO reserves the right at any time to change its payment and billing methods.
Sometimes we change the pricing structure for our services. When we do so we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so we give at least 30 days notice and will notify you via the email address on record.
We shall not be liable to you or to any third-party for any modifications, price change, suspension or discontinuance of the service.
RIGHT TO WITHDRAWAL AND LEGAL GUARANTEE
OIDO informs the User that there is no obligation to issue consumers with a withdrawal document in order to revoke the ordering of the Service via the App. This is because the Service involves a manufactured goods supply agreement in accordance with clearly customised or consumer specifications or goods which cannot be returned due to their nature or indeed which may quickly expire or deteriorate, in accordance with in accordance with paragraphs c), d) and l) of Article 103 of the Spanish General Law for the Defense of Consumers and Users.
Nonetheless, if the Service received is not in accordance with the characteristics ordered by the User based on the description of the products in the App, or if the quality falls short of expectations, the User may notify the restaurant of this.
In cases where, at the discretion of the restaurant, the return of products or orders proceeds, returns for any reason will be made as a credit to purchase outside the App.
FOR FURTHER INFORMATION
Last updated: December 19th, 2022.