Terms of service

WEBSITE TERMS

1. IMPORTANT LEGAL NOTICE

This page (together with our Privacy Policy and the Cookies policy) sets out the terms and conditions (“Website Terms”) on which we, Youforget.me (“we”, “our” or “YFM”), provide access to our website www.ewink.es and our mobile application through which you order products (together, “the Website”). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the app (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference.

Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website www.ewink.es and any mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

E-wink app is property of Youforget.me S.L., company with address at Avenida de la Borbolla, 41, (41013) in Seville.

 

2.- WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

2.5 Information you provide: You confirm that all information provided by you to us (including to our Customer Care team) is true and accurate in all respects and at all times.

3. CAPACITY AND AGE: BY PLACING AN ORDER THROUGH THE WEBSITE, YOU WARRANT THAT:
  • 3.1.1. You are legally capable of entering into binding contracts with IT companies
  • 3.1.2. You are at least 16 years old.
  • 3.1.3. The placing of orders by a child under 16 years of age will always be understood to be carried out under the supervision and authorization of their parents, guardians or legal representatives.
4. HOW TO MAKE AN ORDER (REQUEST OF YOUR FREE DIGITAL FOOTPRINT) AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the product (free digital footprint) you wish to order and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button.

Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your Order as a guest, you are agreeing that E-wink will create a temporary E-wink guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order.  Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling six months after the date on which you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.

4.2. Amending or cancelling your Order: Once you have submitted your Order, you will be entitled to change or cancel your Order. If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to communicate your requests.

4.5. Delivery of your Order: Once your order is processed, it will be sent to the email address you have provided within 24-72 hours.  If we are unable to contact you by e-mail, (wrong e-mail) we try to call you in order to send you to a right email your free digital footprint.

5. PRICE AND PAYMENT
Billing

You can purchase a paid subscription directly from the application. The tax rates are calculated based on the information you provide us and the rate applicable at the time of your periodic charge, depending on the payment method you have chosen. Payment is made in advance of the subscription fee you choose.

You may also purchase a subscription using a code, gift card, prepaid offer or any other offer provided by or on behalf of YFM.

Price and tax changes

YFM may from time to time change the price of paid subscriptions, or the codes mentioned above, including the periodic subscription fees and the prepayment period for periods not yet paid. In any event, you will be notified of any price changes in good time. Price changes will take effect at the start of the next subscription period following the date of the price change.

Regarding to the applicable law, if you continue to use the app services after the price change takes effect, you will be deemed to have accepted the new price. If you do not agree to a price change, you may reject the price change by unsubscribing from the relevant paid subscription before the price change takes effect.

Tax rates are based on the rates applicable at the time of your periodic billing. These amounts may change over time depending on local tax requirements in your country, state, territory or even city. Any changes to the tax rate will be applied automatically based on the account information you provide.

Renewal and cancellation

Your payment will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the current subscription period. 

If you have any questions about how to proceed with the cancellation of your subscription, please contact our customer support team here. The cancellation will take effect the day after the last day of the current subscription period, and you will be upgraded to the free or Fremium version of the application. We do not provide refunds or credits for any partial subscription period, unless expressly stated in these Terms.

Right of withdrawal

If you purchase a paid subscription, you agree that you have fourteen days after your purchase to withdraw for any reason and you must pay us for the services provided until such time as you tell us that you have changed your mind. You expressly consent to the provision of the service immediately after your purchase, the loss of the right of withdrawal and you authorize Youforget.me to automatically charge you every month, quarter or year (depending on your subscription) until you cancel.

6. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by hola@ewink.es or by calling the telephone number shown on the Website. From the app, you can contact our customer service by clicking on the contact button. Our opening hours are Monday to Friday from 9.00 to 14.00 and from 16.00 to 19.00, except national and local bank holidays in the city of Sevilla. Time zone Europe/Madrid.

6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact you.

6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted you may contact E-wink using the contact details where available on the Website. Alternatively you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests.

6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of our report please consider providing us your feedback contacting our Customer Care. Your feedback are an important part of our quality control process. You are responsible for ensuring that all feedback you provide are accurate and based on your own, genuine experience.

7. LICENCE

7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

  • 7.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
  • 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
  • 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
  • 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. WEBSITE ACCESS

8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

9.1. General:

  • 9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
  • 9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

  • 9.2.1. breaches any applicable local, national or international law;
  • 9.2.2. is unlawful or fraudulent;
  • 9.2.3. amounts to unauthorised advertising; or
  • 9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

  • 9.3.1. contain any defamatory, obscene or offensive material;
  • 9.3.2. promote violence or discrimination;
  • 9.3.3. infringe the intellectual property rights of another person;
  • 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
  • 9.3.5. promote illegal activity or invade another\’s privacy;
  • 9.3.6. give the impression that they originate from us; or
  • 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.6. Images: Any images displayed on the Website are provided as a design feature of the Website.

9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website’s homepage (www.ewink.es), provided that:

  • 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
  • 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
  • 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
  • 10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS

11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

11.2. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1. General: Nothing in these Website Terms excludes or limits our liability under applicable law. Nothing in these Website Terms affects your statutory rights.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • 12.2.1. any loss of profits, sales, business, or revenue;
  • 12.2.2. loss or corruption of data, information or software;
  • 12.2.3. loss of business opportunity;
  • 12.2.4. loss of anticipated savings;
  • 12.2.5. loss of goodwill; or
  • 12.2.6. any indirect or consequential loss.

12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or 100EUR, whichever is lower.

12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

13. TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

  • 13.1.1. you have used the Website in breach of paragraph 7.1 (License);
  • 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
  • 13.1.3. you have breached paragraph 10.2 (Links to and from other websites);
  • 13.1.4. you have breached any other material terms of these Website Terms;
  • 13.1.5  there is unauthorised, fraudulent or otherwise suspicious activity taking place on your account; or 
  • 13.1.6 you have significantly or repeatedly breached paragraph 2.5 (Information).

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 
15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 15.2.1. strikes, lock-outs or other industrial action;
  • 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 15.2.5. impossibility of the use of public or private telecommunications networks; and
  • 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Police which you can see below.

16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it. All of these are incorporated into these Website Terms by this reference.

16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1. These Website Terms shall be governed by and construed in accordance with Spanish law. You can bring legal proceedings in respect of Website Terms in the Spanish courts. If you live in Spain or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the Spanish courts or the courts of your home country. 

17.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local l