Terms and Conditions For Businesses
Last update: 05/09/2022
This policy details the practice of IT DIGITAL POMELO SRL concerning the commercial conditions applied by the domain https://restaurant-reservations.wikoti.com/ and the wikoti app (hereinafter briefly, generically the App, respectively Website or Site), as well as certain commercial conditions applied by the businesses registered on the Website or App in this context (called Business(es)) and is intended to inform users about this subject, namely the contact persons of the businesses registered on the Webiste or App (natural persons referred to hereinafter as Business Users/Business Clients).
Name: IT DIGITAL POMELO SRL (hereinafter the Company, Owner or IDP)
Headquarters: Romania, Timis county, Timisoara, Calea Aradului, DN 69, KM 7 + 800 M
Registration no.: J35 /3433/2017
Fiscal code: RO38093953
Phone no:+40 356 630 630
The deadline for the Company to send a response is no more than 30 days from the receipt of the request.
Should an issue concerning a Business (and not IDP) be object to the respective claim, notification or request received on the contact data of the Company, IDP undertakes to transmit it to the Business within maximum 5 days as of the moment when it was received, so that the Business can take the suitable action within maximum 30 days period as of the moment when the Company received it. The same obligation is undertook correspondigly by the Business in regards to the claims, notifications or claims received which regard IDP.
These terms and conditions are undertook by the Company, but also by the users of the Site and/or App (namely you) whether registered or not.
Accordingly, the use of the Website/App by users, automatically implies acceptance of all those set out below and of the policies to which reference is made (where the law does not oblige additional steps to be made to express such acceptance), and assuming the obligation that they have the right and the free and full ability to access the Website/App and to provide information to the Company.
IF HOWEVER YOU DO NOT ACCEPT OR AGREE AT ALL TERMS AND CONDITIONS OR THE OTHER POLICIES DISPLAYED, PLEASE DO NOT USE THE SITE NOR THE APP.
If a Business User intends to benefit from the wikoti platform (for example to manage the bookings of the Business he/she/it represents), not only to see the services offered by the Owner, the Business User must register as an User and indicate all data required by IDP concerning the Business, implicitly undertaking to comply with the policies published on the Website and App.
IDP or its partners own the intellectual property rights to any and all protectable components over the Site and App, including but not limited to the name of the Site and App, artwork and end-user interface elements contained within, many of the individual features, and the related documentation. No user may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Site or App, which the Company or its partners own.
Users shall not act in any way that could infringe the rights of the Company or its partners, and undertake not to use any sign or name similar or identical to the marks or names used by the Company on the Site/App (including but not limited to “Wikoti” and “Digital Pomelo”).
The Company shall in no case be responsible for any loss of use, contracts, data, revenues or profits (regardless of whether they are considered direct claims or not) or any loss, damage or expense suffered by users based on or in connection to the Site or App.
Also, IDP shall not be responsible in any way for the manner in which some users use the information (even personal data) published by other Users on the Site/App, or which regard other persons.
IDP claims no intellectual property rights over the content users upload or provide using the Site or the App (such as testimonials or feedback from Business Users). However, by using the Site or App to send content, Business Users expressly confirm that others may view and share their content.
Any information sent by Business Users or belonging to them is not market otherwise as Private or Confidential, is by default considered public.
A valid credit card is required for Business paying accounts. A payment by transfer in the IDP bank account or by direct debit, is also possible.
A 30 days free trial period is granted for each Business, regardless of the type of plan chosen. A Business can benefit from the free trial only once (at the first set up of the account), even if it choses one plan and then another. In order to avoid any misinterpretation, the Company expressly states that, if for example, a Business choses the Snack option and benefits from the 30 days free trial, it cannot benefit again from the 30 days free trail if afterwards choses the Gourmet option, nor if that user decides to pay for the Snack option after the free trial period and wants to benefit afterwards again of free trial.
Business will be billed, after the end of the free trial period, by IDP:
Since IDP offers proffesional services, once the Business User creates the account and choses the plan, no refunds shall be made, regardless of the reasons (including if a Business wants to change its initially chosen plan). Thus, Businesses may decide to delete their account during the period covered by payment, but no partial or total refund of the price will be made.
Downgrading a Business’ plan (for example when renouncing to certain additional features provided by the chosen A la carte plan), may cause the loss of content, features, or capacity of its account. IDP does not undertake any liability for such losses.
Any modification of the prices can be made freely made by IDP, at any time, without however afecting in any way the Businesses that have already paid for the services (they shall not be charged additionaly if the price shall increase, nor they shall receive any refund if the price shall decrease). Thus, unless expressly agreed upon in writting otherwise by the parties involved, any changes of the prices applied by the Company shall affect only the subscriptions made after the respective modification, by the newly registered Businesses or by the already registered Businesses.
The account owner (the Business) is the only person who can cancel an account or terminate a subscription.
Thus, each Business is solely responsible for properly canceling its account. Please ensure that the cancelation requests are made only by sending an email to the contact address indicated at point 1 above.
Account cancelations typically take about 5 business days to be processed by the Company. In case of cancellation, the service remains available until the end of the already paid period for Gourmet option and for any feature ‘subscription based’. However, for Snack option, the service will be turned-off and the account cancelled within maximum 5 business days as of the termination request moment.
Once an account is canceled, the account information will be kept for 6 months so that the Company may recover the data, in case the cancellation was sent by error. After the expiration of the 6 months period, all information related to that account which are not mandatory to be kept for an additional period of time according to the applicable legal provisions, shall be anonymized and the Company shall have no further access to those data and implicitly no possibility to recover the account. That Business won’t be charged again after the official cancelation date (for the avoidance of any doubt, the Company hereby states that for the 6 months retention of data period, no payment shall be owed by the Business which cancelled its account).
IDP, at its sole discretion, has the right to suspend or terminate a Business’s account and refuse any and all current or future use of its services, for any reason, at any time. Such termination or suspension will result in the deletion or temporary deactivation of that account, together with the forfeiture and relinquishment of all content of that account. IDP reserves the right to refuse service to anyone for any reason at any time, without however base such action on discriminatory grounds.
For extensive information on how such data is processed, please review the Privacy and Data Protection Policy.
The Company collects information from Business Users in three main ways: directly, from traffic reports recorded by the servers hosting the Website/App and through cookies.
Data collection of Business Users is done when:
– accessing the Site/App and filling in registration form by the Business Users for the acocunt of the Busines
– paying the price for the services provided by IDP to the Business
– administrating the account by IDP
– responding to messages from chat box or email by IDP
under the condition of checking the box for ackowledgement of the Privacy and Data Protection Policy.
The processing of all personal data, shall be carried out according to the provisions of the Privacy and Data Protection Policy.
When a website/app is accessed, users automatically disclose certain information, such as the IP address, the time of the visit, the place where the website/app was accessed.
The Company, like other operators, records this information and processes it in accordance with the Privacy and Data Protection Policy.
It should be kept in mind that everytime the Business User shall voluntarily disclose personal information in the online communication environment (such as the chat box, online forums, social media pages, discussion groups), the information disclosed can be easily collected and used by unauthorized persons.
ALTHOUGH THE COMPANY TAKES ALL REASONABLE MEASURES IMPOSED BY THE APPLICABLE LEGISLATION TO PROTECT THE PERSONAL DATA OF USERS, IT CAN NOT SECURE OR GUARANTEE THE SECURITY OF ALL KIND OF INFORMATION. THEREFORE, THE TRANSMISSION OF INFORMATION IN AN APPROPRIATE ENVIRONMENT IS DONE AT THE OWN RISK OF THE USER.
Upon filling in the existing forms on the Site and App (registration form, chat box, payment details), Business Users are obliged to communicate to the Company real and valid data.
Also, by using the Site/App, each Business User undertakes that he/she/it is fully capable to transmit the messages at the moment when the forms where filled in, and that he/she/it can express his/her/its valid consent (where appropriate), freely and without the need of prior approval from a third party which was not priorly obtained by the respective User (such as the prior consent of the Business when setting up its account by the Business User).
If the data provided shall undergo any changes, the Business User are obliged to immediately communicate this aspect to the Company, so that it can comply with its legal and contractual obligations (for example that of answering the requests sent by that user when accesing the chat box).
The Company reserves the right to modify / update the content of the Website and the App, including the policies to which reference are made to, at its sole discretion, at any time and for any reason (including but not limited to the occurrence of legislative or jurisprudential changes that may affect the consequences to those published on the Site/App). The revision of all online policies of the Company in the future shall be signaled by modifying the “Last update” date at the top of this policy. After the moment the updated policy is published, accessing the Site/App shall represent the user’s acceptance of those updated conditions.
However, if there are significant changes that could affect the rights and freedoms of users, informing them about those changes shall be made by easily visible indications posted on the Site/App (pop-ups) or by sending emails on the addresses provided (if applicable). Such significant changes shall enter into effect for users as of 15 days from posting the pop-up in question or from sending the email (how the information shall be provided being decided by the Company, on a case to case basis).
The Company has the free and exclusive right to limit / refuse access to the Site and to the App (without applying discriminatory measures and only in compliance with the legal provisions), but also to suspend or even close this Site and/or the App with immediate effect, as well as to have modify its functionality.
The Site/App may contain links or referrals to websites/apps of other companies, including those of the registered Businesses. The respective websites/apps may contain terms and conditions or policies different from those of the Company, or Businesses may have lower security measures. ACCESSING THOSE LINKS AND IMPLICITLY ACCESSING THE RESPECTIVE THIRD PARTY’S WEBSITE/APP SHALL BE MADE TO THE USER’S EXCLUSIVE LIABILITY.
Also, the content of the Site/App may include advertising sections in which advertising messages of third parties shall be displayed. Neither Site, nor the App, nor IDP is responsible in any way for the content provided by third parties, whether it is advertising or not, nor for the way in which those third parties understand to comply with their legal obligations.
Users are the ones solely responsible for selecting, obtaining, configuring and maintaining the equipment and internet connectivity used to access the Site and the App.
Thus, the Company does not offer any guarantee regarding aspects related to, among others:
However, Company’s liability for the processing of personal rights is not excluded by this clause and is not reduced below the minimum allowed by the legislation specific to this field.
The insertion of references and links directing to the Site/App, the copying / modification / transmission / publication / use in any way of the information indicated on the Site/App, is forbidden without the express written permission of the Company.
In addition, users shall use the Site and the App only for lawful activities and shall not infringe the rights of third parties. They shall also not submit documents or requests claiming to be another person, nor shall they take any action that could affect the integrity of the Site/App or the data contained herein (including but not limited to viruses, deletion or modification of information, electronic abuses, fraud, use of personal data without complying with the applicable law).
Failure to comply with the obligations set forth herein, as well as any other obligations established by law for web site users, shall lead to their liability and the obligation to cover the damages generated by the cuplable action taken.
The Website and the App are protected by competitive security systems. However, like most web sites and web applications, they cannot be completely free of vulnerability.
Consequently, the information transmitted by users using the Website or the App, may be subject to activities that lead to a breach of confidentiality and security which go beyond the direct control of the Company (such as sending spam messages, viruses used equipment, theft of IP addresses, unauthorized access to e -mail) and for which IDP does not undertake any responsibility, although it tries to avoid such unpleasant events.
The confidentiality of the users data is an important aspect for the Company.
Our Privacy and Data Protection Policy forms an integral part of these Terms and Conditions and may be consulted by the user at any time.
The rights and obligations of the parties (ie. the Business Users, the Business and the Company), as well as all the legal effects that the activity of the Site and App produces, shall be interpreted and governed by the Romanian law.
Any dispute shall be brought for settlement before the common law courts from the Company’s headquarters.
Neither party shall be liable for non-performance of the obligations undertook, if such failure to execute on time and / or properly, in whole or in part, is caused by an event of force majeure. The parties agree that such an event may be virusing of the Site or App or of the IT platform behind it, for reasons that do not pertain to an action of the Company. A certificate issued by an authority in this regard is no needed, but informing ( by e-mail or by publishing on the Site and App) the affected persons is required.
This policy applies to the Company and to the Site and/or App users.
If any provisions above is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
These terms together with the online policies uploaded on the Website/App, set forth the entire understanding involving the Individual Users and IDP as to the Site and App, and supersedes any prior agreements involving those parties (including, but not limited to, prior versions of these terms).
This document is part of the Company’s set of security policies. Other policies can be applied to the topics addressed in this document and shall be reviewed according to specific needs.