TERMS AND CONDITIONS OF SERVICE
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH E-WAND WEBSITE AND MOBILE APP, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY
Last Updated on 02/12/2020
1. ACCEPTANCE OF THE TERMS
Thank you for using E-Wand. These General Terms and Conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the E-Wand website at www.e-wand.paris (the “Website”) and the related E-Wand mobile and software applications, available through the iOS App Store and Google Play (the “Mobile App”), together referred to as E-Wand including but not limited to delivery of information via the Website or Mobile App.
Please read these Terms carefully.
By accessing or using the Website or Mobile App, you are agreeing to these Terms and concluding a legally binding contract with E-Wand Ltd. a company incorporated and existing under the laws of the Republic of Bulgaria. Do not access or use the Website and/or Mobile App if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website or Mobile App; or
- Actually using the Services. In this case, you understand and agree that E-Wand will treat your use of the Services as an acceptance of the Terms.
“Business” shall mean any third-party company listed on the Website or Mobile App, offering services to the User through either of those platforms. Business are neither related, nor affiliated with E-Wand.
“Content” will include (but is not limited to) images, photos, audio, video, location data, ‘nearby places’, and all other forms of information or data.
“E-Wand” is a mobile based Internet platform, owned by E-Wand Ltd.,
“E-Wand” means content that E-Wand creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and Third Party content. “Third Party Content” means content that comes from parties other than E-Wand or its Users and is available in or through the Services, such as any Content, including menus and listings of Businesses.
“Services” include any and all services, which E-Wand may offer to the User, through the Mobile App, including but not limited to ordering food using the Mobile App interface.
“User” or “you” or “your” refers to you, as a user of the Services. A User is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information, ordering food, etc. and includes other persons jointly participating in using the Services, including without limitation a User having access to the User Account features of the Mobile App.
“User Account” is a separate part of the Website and the Mobile App, containing User information required by E-Wand during registration. The User Account is accessed by the User through entering a username/email and a password.
“We” or “us” refers to E-Wand Ltd., a company incorporated and existing under the laws of the Republic of Bulgaria, registered under company number 205928555, having its seat and registered office at 48 Vitosha Blvd., 1000 Sofia, Bulgaria, which enables Users to use the Services of the Mobile App.
“Your Content” or “User Content” is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such any User Account information or any orders that you place through the interface of the Mobile App.
3. USING THE SERVICES
You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
3.2 Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
3.3 Website and Mobile App Availability
The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
3.4 User Accounts
3.4.1 You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website and Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
3.5 Communications from E-Wand
By creating a User Account, you agree to receive certain communications in connection with the Website and Mobile App.
3.6 Ordering Process
3.6.1 E-Wand provides online ordering services to Users, who enter into contractual arrangements with Businesses on a principal-to-principal basis. Business that can be seen on the Website or Mobile App list their items for online ordering via the E-Wand Mobile App. A User’s request to order from a Business on the Business’s page on the E-Wand Mobile App shall constitute an unconditional and irrevocable authorization issued in favour of E-Wand to place onsite orders for items against the Businesses on the User’s behalf.
3.6.2 An order, when placed on the User’s behalf and accepted by a Business, constitutes a separate contract of sale of goods and / or services. E-Wand is not a manufacturer, seller or distributor of such products / services and merely places an order against the Businesses on behalf of the User, pursuant to the unconditional and irrevocable authority granted by the User to E-Wand, and facilitates the sale and purchase of goods and / or services between User and a given Business, under the contract for sale and purchase of goods or services between the User and the Business.
3.6.3 E-wand shall not be liable for any acts or omissions on part of the Business including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
3.6.4 E-wand shall not be held liable in the event a given product or service ordered from a Business does not meet your dietary or any other requirements, restrictions or expectations.
3.6.5 E-Wand does not guarantee or make any representations regarding the quality of any products, services, prices, menus, availability or other items listed by any Business, which is why E-Wand shall bear no liability for any discrepancies with any listings a Business may place on the Mobile App.
3.6.6 All prices listed on the E-wand Platform are uploaded by Businesses. The final price a User is charged by a Business may be subject to change. In the event of a conflict between the price on the E-wand Mobile App and the price charged by the Business, the price charged by the Business shall be deemed to be the correct price.
3.6.7 The total price for items ordered, and other charges, will be displayed on the E-wand Mobile App when a User places their order. Users shall make full payment towards such items ordered via the E-wand Mobile App.
4. CHANGES TO THE TERMS
E-Wand may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
5. TRANSLATION OF THE TERMS
E-Wand may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with E-Wand. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
6.1 Responsibility for Your Content
6.1.1 You are responsible for the content you upload and transmit using your User Account. You assume all risks associated with the content you publish, including anyone’s reliance on its quality, accuracy, or reliability, disclosure, or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by E-Wand.
6.1.2 You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
6.2 Right to use Your Content.
6.2.1 By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content worldwide. This includes the right to sub-license and transfer.
6.2.2 By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
6.2.3 You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
6.3 Ownership of Content
As between you and E-Wand, you own Your Content. We own the E-Wand Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website and Mobile App Content, computer code, products, software and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights (“IP Rights”), associated with the E-Wand Content, the Website and Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the E-Wand Content, in whole or in part, except as expressly authorized by us.
6.4 Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Website or Mobile App will not infringe rights of third parties, not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
7.1.1 Violates any third party’s rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
7.1.2 Violates those Terms;
7.1.3 Violates any applicable law;
7.1.4 Threatens, harms, harasses others, or promotes discrimination;
7.1.5 Promotes a business or other commercial venture or event, or otherwise uses the Website and/or Mobile App for commercial purposes;
7.1.6 Engages in keyword spamming, or otherwise attempts to manipulate the Website’s and Mobile App’s search results;
7.1.7 Solicits personal information from minors or submits or transmits pornography.
Apart from that, the User agrees not to:
7.2.1 Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile App or its Content.
7.2.2 Use any robot, spider, site or mobile app search/retrieval application in the Website or Mobile App;
7.2.3 Make attempts to reverse engineer any portion of the Website or Mobile App;
7.2.4 Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or Mobile App;
7.2.5 Record, process, or mine information about other Users and clients;
7.2.6 Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile App, through hacking, password mining or any other means;
7.2.7 Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, “Viruses”).
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of E-Wand, and this action should be considered as if it was included in this clause.
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
8.2 Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
9. THIRD PARTY WEBSITES AND CONTENT
9.1 The Services may contain, or you may be sent through the Website or Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content, including but not limited to materials relating to reservation Services or onsite food and beverage delivery/ordering offered by Businesses. Such Third Party Websites and Third Party Content are not always investigated, monitored or checked for accuracy, appropriateness, safety or completeness by E-Wand and E-Wand is not responsible for any Third Party Websites accessed through the Website or Mobile App or any Third Party Content posted on, available through or installed from the Website or Mobile App.
9.2 You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
9.3 In addition, E-Wand makes no warranties or representations regarding the accuracy of any Third Party Content, available on the Website, such as any listings of Businesses. E-Wand shall bear no liability regarding any errors and omissions in such Third Party Content. The user agrees to settle any issues and disputes relating to such Third Party Content with the relevant Third Party / Business, without the involvement of E-Wand.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website or Mobile App may contain such advertising information or promotional material, or other material submitted to E-Wand by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or Mobile App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than E-Wand, found on or through the Website and/or Mobile App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. E-Wand will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website or Mobile App.
11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against E-Wand and its users, any claims and assertions of any moral rights contained in such Feedback.
12.1 Payment processing services for Users on the Mobile App are provided by MANGOPAY and are subject to the MANGOPAY Terms and Conditions. By agreeing to these Terms or continuing to operate as a User on E-Wand, you agree to be bound by the MANGOPAY Terms and Conditions, as the same may be modified by MANGOPAY from time to time. As a condition of E-Wand enabling payment processing services through MANGOPAY, you agree to provide E-Wand accurate and complete information about you. You also authorize E-Wand to share such information, including any transactional information, related to your use of the payment processing services provided by MANGOPAY, to MANGOPAY.
12.2 Payments to Businesses may be done directly to Businesses in cash or via credit/debit card, MANGOPAY, Apple Pay, as well as other mobile wallets. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription or order, you must ask the permission of the credit/debit cardholder before entering the payment details.
12.3 If the issuer of your payment card refuses to authorise payment, a message will appear informing you that the transaction cannot be processed. E-Wand Ltd., together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Mobile App are processed using a secure online payment gateway that encrypts your card details in a secure hosting environment. We do not hold your payment card details on a E-Wand Ltd. server.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website, Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, E-WAND LTD. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
14.2 DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. E-WAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE E-WAND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH E-WAND, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
14.3 E-WAND MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS ANY BUSINESSES THAT CAN BE SEEN ON THE WEBSITE OR MOBILE APP. E-WAND IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR TRANSACTIONS WITH THEM, THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE OR MOBILE APP.
14.4 YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. E-WAND’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO E-WAND FOR ACCESSING THE WEBSITE, MOBILE APP AND THE SERVICES.
14.5 E-WAND DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
15. DISPUTE RESOLUTION
15.1 You agree that any and all disputes and claims, against E-Wand, arising out of or in connection with these Terms, the Website, Mobile App and the Services shall be resolved individually, without resort to any form of class action.
15.2 Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to E-Wand for accessing the Website, Mobile App and the Services, but in no event attorneys’ fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of E-Wand.
15.3 This Agreement and all rights and obligations in connection with it are governed by English Law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent court of England and Wales
15.4 You also hereby agree to resolve any disputes that you may have with a given Business regarding services provided by the Business directly with that Business in the relevant jurisdiction and before the appropriate dispute resolution body, having the competence to hear any disputes between the User and the Business. E-Wand shall have no obligation to show involvement in any dispute between any User and Business.
i. You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website and Mobile App or providing E-Wand with a notice of termination.
ii. We may close your User Account, suspend your ability to use certain portions of the Website or Mobile App and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Mobile App, Your Content, E-Wand Content and/or any other related information.
iii. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
18. GENERAL TERMS
i. We reserve the right to amend, update, or discontinue the Website and/or Mobile App at our sole discretion, at any time, with or without reason, and without notice or liability.
ii.We may provide you with notices, including those regarding changes to the Terms, by email or through the Website and/or Mobile App.
iii. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
iv. The Terms contain the entire agreement between you and E-Wand regarding the use of the Website and Mobile App.
v. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated so that the Terms shall otherwise remain in full force and effect.
vi. The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website, Mobile App or the E-Wand Services, or to receive further information regarding the Services, please contact E-Wand using the following method:
e-mail: [email protected]
Click here to read our payment gateway’s (“Mangopay”) terms and conditions.