TERMS AND CONDITIONS OF USE
OF THE DELIPAL PLATFORM
GENERAL PART
domain http://delipal.ro/ it is owned and managed by the company DELI CLOUD S.R.L., a limited liability company, with headquarters in Brașov, Traian Demetrescu street, no. 12, office 2, floor E, apartment 2, Brașov county, registered at the Trade Registry Office attached to the Brașov Court under number J8/215/2022, unique registration code 45523018, hereinafter referred to as "The society”
Definitions
In this document, the following terms will have, unless the context indicates otherwise, the following meaning:
Site – the field http://delipal.ro/
Contenthas the following definition:
all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
the content of any message/offer sent to Users by electronic means and/or any other available means of communication;
data relating to the Company.
User - the natural person who has or obtains access to the Content, through any means of communication made available by the Company (electronic, telephone, etc.).
Abusive Use- represents the use of the Site in a way contrary to the practice in the field, the regulations and legislation in force or in any other way that may cause damage to the Provider or its affiliated companies.
Users of this Site are requested to read the terms and conditions of use carefully before visiting the Site. If they do not agree with them, Users will not continue visiting / using the Site. By continuing to visit / view / use the Site, Users express their express and unequivocal agreement with this document - "Terms and Conditions" - General Part.
Accessing / visiting the Site
The general part of this document establishes the terms and conditions of use of the Site and/or its Content by the User.
By creating the page http://delipal.ro/, The company aims to inform Users about the services and products offered. The access and use of the Site by the Users is conditioned by their compliance with this document and the applicable legal provisions. Using in any way, accessing, visiting and/or viewing the Content of the Site, implies the User's adherence to these "Terms and Conditions", unless the User has been informed that, for that content, separate conditions of use apply .
The user is solely responsible for all activities arising from the use of the Site/its Content. The User will be liable for the violation of this document and the use of the Site in violation of it, for the violation of the Company's rights and for any damages caused to the Site, its Content, the Company or any of its collaborators or contractual partners, regardless of the nature of the damages thus produced, being obliged to cover the entire damage thus caused. If the Company discovers irregularities and/or violations of any kind of the provisions of this document that lead to prejudice or disruption in any way to the Company's activity, the Company reserves the right, at its free choice, to cancel, limit, restrict, suspend or block the User's access to the Content. In this case, the User can contact the Company at the contact details indicated on the Site, in order to receive the necessary justifications in relation to the measures adopted for the purposes of this article and the date from which they were or will be applied.
The User may revoke his consent to the content of this document at any time he deems appropriate, by contacting the Company at the contact details indicated on the Site.
The user will be able to return at any time on the decision to revoke the given acceptance, by expressing the agreement regarding the content of the document, in the form in force at that time.
This Site is addressed to Users who are natural persons with a minimum age of 16 and Users who are legal entities, who have not been prohibited from accessing the Site, regardless of the reason that was the basis of that prohibition.
Copyright
The content, as defined in the preamble, including but not limited to texts, logos, commercial symbols, static or dynamic images, multimedia content, programs, scripts and any other data presented on the Site is the exclusive property of the Company and is protected in accordance with the provisions of Law no. 8/1996 on copyright and related rights.
Copying, distributing, publishing, transferring to third parties, modifying or altering, using, linking to, displaying, including any content in any context other than the one originally intended by the Company, including any content outside the Site, removing signs signifying the right of the Company's copyright on the Content, as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, without the express written consent of the Company, represents a violation of the Company's copyright and will give it the right to oblige the persons at fault for the payment of compensation, as well as for covering the entire damage caused to the Company. No Content transmitted to the User, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not give rise to a contractual obligation for the Company or the employee who mediated the transfer of content.
Any kind of information transmitted by the User to the Company through the Site, other than the User's personal data, gives the Company the non-exclusive, unlimited, free, irrevocable and retransmittable right to use, reproduce, modify, adapt, publish, translate, as well as the right to distribute, through any media, anywhere this information.
Final provisions
Within the limits of the provisions of this document, the Company cannot be held responsible for any errors that may appear on the Site, regardless of the cause, including but not limited to changes, settings, etc., which are not made by the Site administrator . The company is not responsible for damages caused as a result of the complete or partial non-functioning of the Site, nor for those resulting from the impossibility of accessing certain links published on the Site. At the same time, the Company will not be responsible for the content and/or quality of other websites that can be reached through various links with the Company's Website. For the respective websites, the full responsibility will fall to the owners of the respective websites.
This Document, its content, the Site as well as any conflict that may arise between the User and the Company will be interpreted in accordance with Romanian legislation. All disputes will first be resolved amicably by mutual agreement. If this is not possible, the conflict will be resolved by the competent court.
If any provision of this document is declared void or unenforceable by a court, arbitral tribunal or any other competent authority, the other provisions will remain in effect. The void or unenforceable provision will be eliminated, and the Parties will make all efforts so that the void or unenforceable provision is replaced by a valid and enforceable provision, which will have, as far as possible, the economic effects of the void or unenforceable provision.
The Company reserves the right to unilaterally modify the Site/its structure and/or the Content, whenever it deems appropriate, without the prior notification and/or consent of the User, as well as to introduce advertising banners of any nature and/or links on any page of the Site, in compliance with the legislation in force.
PLATFORMA DELIPAL
The DeliPal Platform, hereinafter referred to as "Platform” is a software program of software-as-a-service type, addressed to individuals or legal entities in the HoReCa industry, referred to in the following individually as “Client”, through which they can manage various aspects of their activity.
Definitions
In this document, the following terms will have, unless the context indicates otherwise, the following meaning:
Subscription –means the period during which the Customer who purchased the Personalized DeliPal Package has the right to use this package; to avoid any interpretations, subscriptions for the DeliPack Package are monthly, and Extra Applications, respectively Extra Capacities can also be added according to monthly subscriptions;
Command – means an electronic document that acts as a form of communication between the Company and the Customer through which the Customer transmits to the Company, through the Website, its intention to purchase the Personalized DeliPack Package and / or Extra Applications, respectively Extra Capacities.
Cont – means the section of the Site consisting of an e-mail address and a password that allows the User to submit the Order and that contains information about the User / Customer and the Customer's history on the Site (Orders, tax invoices, etc.). The User is responsible for and will ensure that all information entered when creating the Account is correct, complete and up-to-date.
Contract – means this document, which will govern an Order confirmed and accepted by both parties.
The DeliPack – means the basic package related to the DeliPal Platform which includes the following functionalities: various applications for managing the activity of a restaurant, including but not limited to: applications for managing orders, for restaurant customer loyalty, for managing supply, management, production, sales , human resources, marketing activities, etc.
Extra Applications –means any of the extra applications to be added to the DeliPack at the Customer's request, respectively various additional applications compared to the basic package (DeliPack) for managing a restaurant's activity, including but not limited to: applications for accounting, calculation of nutritional values on products, automatic transfers between companies, integration with third-party service providers, etc.
Extra Capacity – means any of the extra capacities to be added to the DeliPack Package, at the Customer's request, respectively additional users, additional storage or additional operating space.
Hardware equipment – means the equipment to be provided to the Customer by the Company, at the Customer's request, for the operation of the Personalized DeliPack Package.
Services– means the analysis services of the management processes of the Client's activity ("Business Analyst Services"), for the implementation of the products at the Client's location or the training of the Client's employees to be carried out by the Company, at the request of the Client.
The Personalized DeliPal Package – means the customized DeliPack at the Customer's request with any or all available extra functionalities, namely Business Analyst Services, Extra Applications, Extra Capacity, Hardware, to be purchased by the Customer.
DeliPal Platform Description
The Platform provides the User with information on the functionalities of the products and on the services offered, on their prices and on how to purchase them.
After the purchase, the Platform offers the User the necessary tools to manage his activity in relation to the Company, including, but not limited to: management of personal data, access data to the Platform, transaction history (offers, orders, invoices) selection of payment methods payment, submission and follow-up of technical support requests related to delivered products.
Account creation
In order to purchase the Personalized DeliPal Package, Users must set up an Account by completing the form available on the Site.
For the creation of the Account, the Company will ask the Users to confirm the reading and acknowledgment of the Privacy Policy regarding the protection of personal data. User acceptance will be achieved by ticking the specific box, respectively:
I have read the privacy policy and I agree to the processing of my personal data as stated in the policy
By ticking the box related to the privacy policy, Users understand that the Company has respected their right to be informed about their personal data processed by the Company, in accordance with the provisions of articles 13 and 14 of the General Data Protection Regulation.
Account Protection
User access to the Account is protected by a username and password. The Company recommends Users not to disclose their username and password to anyone and to exit the Account (i.e. by logging out) at the end of each user session.
Users are responsible for maintaining the confidentiality of their Account information and username/password. Users will be solely responsible for the use of the recording, regardless of whether the use was made with or without their consent. The Company will not be liable for any moral or material damage caused by the Users' non-compliance with the data security measures used to access the Site.
Placing Orders
The order is sent electronically, through the Site, where the User must be registered and have a valid Account.
The order will contain all the information necessary to capitalize / monetize the Personalized DeliPal Package, respectively the duration of the Subscription both for the DeliPack Package and for the Extra Applications (if applicable) and for the Extra Capacities (if applicable), as well as the type of Services desired and the type of Hardware .
In order to place the Orders, the Company will ask the Users to express their agreement with these Terms and Conditions. User acceptance will be achieved by ticking the specific box, respectively:
I have read and accept the Terms and Conditions
By checking the box related to the Terms and Conditions, Users understand that they have concluded a contract with the company Deli Cloud S.R.L. ("The contract"), which will be governed by this document.
Duration of the contract
The contract enters into force at the time of payment of the value of the Personalized DeliPal Package and is valid until the term of the purchased Subscriptions expires. In order to avoid any interpretations, the duration of the Contract will be at least 1 month (the minimum period of the Subscription for the DeliPack Package).
The Agreement will be automatically extended, with the same duration as the initial one, if neither party notifies the intention to terminate the Agreement, at least 30 days before the expiration of the initial duration.
Price and method of payment
The price of the Personalized DeliPal Package will be determined at the time of placing / accepting the Order, depending on the duration of the Subscription for the DeliPack, the duration of the Subscription for the Extra Applications (if applicable) and for the Extra Capabilities (if applicable), as well as the type of Services desired and the type of Hardware and the related prices of these types of Subscriptions, services, products, as they are displayed on the Site at the time of placing / accepting the Order.
The prices displayed in the Platform are expressed in RON and do not include VAT. The Company may modify, at its own discretion, any of the prices displayed in the Platform, without sending a prior notification to the Customers, the prices to be applied from the beginning of the next tariff period.
Payment of the DeliPal Personalized Package Price is made online, with a bank card, through the Viva Wallet payment processing platform provided by the company Viva Payment Services Single Member S.A. The data entered by the Client are not recorded on any of the Company's equipment or within the Platform, they are transmitted directly to the server of the payment processor mentioned above.
Payments will be made in RON, at the exchange rate of the National Bank of Romania from the date of payment, without any withholding or deduction of any tax or commission of any kind; to avoid any interpretations, the Customer will cover the fees charged by the Viva Wallet payment processing platform.
The following rules apply to the payment of the price of the DeliPack Package:
The subscription related to the Personalized DeliPal Package comes into force when the trial period expires and is valid until the end of its term (for example, a subscription purchased on 03/04/2024 with a 30-day trial period comes into force on 04/04/2024 and expires on 04.05.2024 - if purchased for 1 month.
Before the expiration of the term for which the initial Subscription was purchased, the Platform will issue the invoice for the following period and send it to the customer by e-mail to be paid 10 days before the expiration date of the current subscription. If the customer opts to save the payment method, the payment processing platform mentioned above will debit the bank account related to the bank card used to purchase the first Subscription, with the amount related to a new subscription, of the same type as the original one, and the Platform will issue a notification in this regard.
If the amount required to purchase a new subscription is not available in the account related to the bank card used on the Platform, on the expiry date of the initial subscription or if the amount related to a new Subscription cannot be debited by the payment processor, for whatever reason, access to the account within the DeliPal Personalized Package is to be deactivated; in the latter situation, the Customer will have to access the Account to change the payment method, as well as to reactivate the account. The account will remain disabled until the payment is confirmed.
If the Client notifies the Company of its intention not to extend the Contract, according to article 6.2. above and/or will delete his account from the Platform, will cease any payment made according to the aforementioned. If, upon the intervention of any of the above situations, there are amounts owed to the Company, the Client will have the obligation to pay all amounts owed to the Company prior to the termination of the Contract.
The following rules apply to the payment of the price of Extra Applications / Extra Capacities:
Subscriptions for Extra Applications / Extra Capabilities cannot be purchased without a valid DeliPack Subscription,
The subscription related to the Extra Applications / Extra Capacities comes into force at the time of entry into force of the related DeliPack or its next extension after payment of their price via the payment processing platform mentioned above and is valid until the expiry of the related DeliPack .
Upon completion of the term for which the initial Subscription was purchased, the Customer will no longer have the right to use the Extra Applications / Extra Capacities unless they purchase a new Subscription for them; to avoid any interpretations, the Customer will be able to use the DeliPack Package according to the terms applicable to the Subscription related to this package.
The payment of the price of the Services, respectively of the purchased Hardware Equipment is made at the time of their purchase, according to the rates applicable at the time of placing / accepting the Order.
Right to use the DeliPal Platform
By purchasing and paying for the related Subscriptions, the Company grants the Customer a non-exclusive, non-transferable, time-limited license to use the DeliPack Package / Extra Applications / Extra Capabilities for the entire duration of the Subscriptions.
All rights, titles and interests in the Platform, including without limitation intellectual property rights, as well as any ideas, know-how or programs developed by the Company during the Contract, including any improvements or changes made by the Company to the Platform will remain permanently the property of the Company .
Customer shall not reproduce, disassemble or decompile the DeliPack / Extra Applications or any of its components, determine or attempt to determine any source code, algorithms, methods or techniques incorporated therein, regardless of the reasons for such actions.
Customer shall not copy, create derivative works or transform the DeliPack / Extra Applications or any of its components (including program updates), permanently or temporarily reproduce the Software, in whole or in part, by any means and under in any form, including where the reproduction is determined by installation, storage, use, etc., and will not obtain the translation, adaptation, etc., nor the reproduction of the result of these operations, nor even when any of the above actions are necessary for for the Customer to use the DeliPack / Extra Applications in accordance with the intended purpose, including by correcting errors; the parties agree that prior authorization by the Company is required for any reproduction or translation.
The Customer shall have the right to request a backup copy of the database generated by the use of the DeliPack / Extra Applications
Customer may not resell, rent, sub-license, assign, transfer or grant any right to use the DeliPack / Extra Applications to third parties.
Customer shall only access and use the purchased Extra Applications / Extra Capabilities and shall not directly or indirectly access or use any of them after they have been disabled.
Customer shall not encourage or assist any third party to do any of the above actions.
The use of the DeliPack / Extra Applications / Extra Capabilities, subject to the license under this document, will be made using the Cloud platform owned and operated entirely by the Company, the Customer being able to access the DeliPack / Extra Applications remotely.
The Company will make a reasonable effort to ensure that the operation of the DeliPack / Extra Applications / Extra Capabilities is stable and to facilitate their use by the Customer in accordance with the terms and conditions set forth in this document through its own or third-party servers.
The Company will inform the Customer of any known defect that could interfere with the stable operation or functionality of the DeliPack / Extra Applications / Extra Capabilities.
The successful operation of the DeliPack / Extra Applications / Extra Capabilities may depend on the correct configuration of the device with which the Customer must access the Platform. The Customer must follow the Company's instructions and have the specified hardware and software requirements. Configuration of Customer's device and availability of specific hardware and software to meet access requirements is Customer's sole responsibility.
In addition, in order to use the DeliPack / Extra Applications / Extra Capabilities, the Customer must have access to the Internet. The operation of the DeliPack / Extra Applications / Extra Capabilities application may depend on the quality and speed of the connection used by the Customer to access the Platform. The Company will not be held responsible for the provision of the Customer's telecommunications lines, internet access or connection or any other technical means necessary to access and use its data. All costs and risks in this regard are the responsibility of the Customer.
Technical support services. update
During the entire period of validity of the Subscriptions for the DeliPack Package / Extra Applications / Extra Capacities, the Company will offer the Customer services to eliminate Errors within them, the cost of these services being included in the value of the Subscriptions. To avoid any interpretations, for the purposes of this article, "Error” means any error in the DeliPack / Extra Applications / Extra Capabilities that prevents them from performing their function, in full, according to its specifications.
The Company offers the Customer online support (user documentation, frequently asked questions section, explanations published on the Site, through the chat available on the Platform) or by accessing the Customer's Account, upon request and with his consent. All means of online support are provided by the Company to the Client free of charge.
This document applies to all improvements, changes, variations, revisions, updates, supplements, add-ons and replacements for the Platform, hereinafter referred to as "update”, which the Company may provide or make available for the Platform
Updates will only be made with the Customer's consent, which will not be unreasonably withheld or delayed.
The Company has no obligation to perform Updates, does not guarantee that any Updates will be performed, and nothing herein shall be construed as an obligation on the part of the Company to create, provide or install Updates.
Contractual response
The Company and the Client shall be responsible for complying with their respective obligations as set forth in this document.
The Client shall indemnify the Company for any damages suffered by it as a result of the Client's use of the Platform for purposes contrary to the law and this document.
By using the Platform, the Client declares, accepts and confirms that he is aware and agrees that the Company cannot be held responsible and is absolved from any liability regarding any direct or indirect damage, incidental or not, including regarding the unrealized benefit / profit, on the data, confidential information, databases, clientele, goodwill of the Client or any other damage, tangible or intangible, that could be suffered by the Client (including regarding the right to the image), which could result from use of the Platform.
Only in the event that serious fault or the intention of the Company in causing the damage would be proven, based on a decision or judgment of a public authority or competent courts, the Company may be obliged to pay compensation in the amount of a maximum of 50% of the amount that The Customer has actually paid it to the Company during a period of 12 months prior to the period in which the event that caused the damage occurred.
The Company will not, in any case, be liable for unrealized profits or any indirect loss or damage resulting from the Client's use of the Platform.
The Company will not be responsible in any way whatsoever for the results obtained by the Client by using the Platform. Also, the Company will not have any responsibility or liability for defects that are the consequence of external factors, including other software programs, or the consequence of the integration or interaction between the Platform and the Client's hardware and software environments.
Termination of the Contract
The contract ends:
by agreement of the Parties,
by unilateral denunciation, by the Client / deletion of the Account; Subscriptions in force on the date of termination will cease on the date of termination of the Contract, without the Company having the obligation to refund their price or a part of their price,
by termination, according to the applicable legal and contractual provisions.
If one of the Parties fails to fulfill its contractual obligations on time or properly, the other Party will send a written notification in which it will give 15 calendar days to the Party at fault to remedy the reported problems. If, after the expiration of the 15-day period granted, the reported problems have not been remedied, the Party that is not at fault will be able to consider this Agreement terminated by law, without delay and without the intervention of the courts.
The termination of the Agreement will not affect the obligations already due between the Parties.
Processing of personal data
Personal data processed by the Company as a result of the Customer's use of the DeliPal Platform ("Customer Data") will be processed strictly for the purpose and only to the extent necessary to fulfill the obligations assumed by this document and in accordance with the written instructions of the Client.
The Company will act as the authorized person when processing the Client's Personal Data and will have the following obligations:
provide reasonable assistance, information and cooperation to enable the Customer to ensure compliance with its obligations under applicable law, including responding to requests from data subjects to exercise their rights in relation to their personal data and to allow and contribute to reasonable audits carried out by or on behalf of the Customer's supervisory authorities.
communicates to the Client, within 48 hours of the discovery by the Company, of any event that involves any compromise of the confidentiality, integrity or availability of the Client's Data and/or the networks, systems or databases on which the Client's Data are stored, transmitted or processed, including, but not limited to, accidental, unlawful or unauthorized disclosure, use, viewing, destruction, loss, modification, acquisition or access of Customer Data ("Breach of Security").
promptly respond to all Customer inquiries regarding the Company's processing of Customer Data and, within (1) business day of receipt, notify Customer of any inquiries received from a data subject or data protection authority data or from another government regulatory authority regarding the Company's processing of Customer Data.
implements and maintains appropriate technical and organizational measures in relation to the processing of Customer Data, so as to ensure an adequate level of security with respect to the Customer Data it processes.
ensures that its employees and agents authorized to process Customer Data have undertaken to maintain confidentiality or are under a legal obligation of confidentiality.
does not disclose or make available to third parties Customer Data, unless:
the third party is a subcontractor that processes Customer Data in connection with the fulfillment of the Company's obligations under this document;
The Company sent the Client a prior written notification regarding their use by the subcontractor; and
The Company has entered into a written contract with the subcontractor that requires the subcontractor to comply with terms substantially equivalent to those set forth in this agreement regarding the processing and protection of Customer Data.
The Licensor shall be responsible for all its subcontractors with respect to the processing and protection of Customer Data and any act or omission by the subcontractor shall be deemed an act or omission by the Company;
does not transfer Customer Data to jurisdictions outside the EEA, except in compliance with the provisions of the General Data Protection Regulation.
Final provisions
Each party undertakes to maintain the confidentiality of all data and information, in whatever form it may be presented (oral, written, magnetic, graphic or digital recording), made available by the other party. In this case, each party undertakes not to use this information in its own interest, to keep it under conditions of maximum confidentiality and not to disclose information to third parties, with the exception of its lawyers or consultants or at the request of the authorities when the Company has the legal obligation In this regard.
Information that the Company can prove was previously public and/or for reasons other than the fault and without any implication of the Company or its employees are not confidential information.
The Parties are exonerated from any responsibility for the partial or total non-fulfillment of the contracted obligations, if the Parties are under the effect of force majeure, confirmed by the Chamber of Commerce and Industry of Romania / other competent authority.
The Customer expresses his express consent for the name of the Customer, as well as his quality as a customer / partner of the Company, to be publicly communicated by the Company for promotional purposes, including through the mass media (e.g. print media, TV), on the Site, in promotional materials or offers issued by the Company.
This document, the Orders and any other document, notification, agreement or convention signed, issued or concluded in connection with this document, the Orders or the use of the Platform are governed by and will be interpreted according to the provisions of Romanian law.
Any dispute arising from or in connection with this document or, in general, in connection with the use of the Platform, will be resolved as far as possible amicably by the parties, through discussions and negotiations. Any dispute that cannot be resolved amicably within 15 (fifteen) business days of its occurrence will be resolved by the competent courts.