WEBSITE TERMS

1. IMPORTANT LEGAL NOTICE

This page (together with our Privacy Policy and Cookie Policy) sets out the terms and conditions (“App and Website Terms”) on which we, Youforget.me (“we”, “us”, “our” or “YFM”), provide access to our www.ewink.es website and our mobile application through which you order products (collectively, “the Website”). Please read these Website Terms carefully before ordering any products through the website. By ordering products through the app (either 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 recommend that you print a copy of these Website Terms for future reference.

The use of your personal information submitted through the Website is governed by our Privacy Notice and Cookie Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future versions of our www.ewink.es website  and any mobile applications through which you access and use our website, in each case, whether accessed through any current or future platform or device (including,  including but not limited to any mobile website, mobile application, affiliate website or related website to access and use our website which 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 agree to these Website Terms, you must leave the Website immediately and you will not be able to order any products through the Website.

E-wink app is owned by Youforget.me S.L., a company with registered office at Avenida de la Borbolla, 41, (41013) Seville.

2.- ACCESS TO THE WEBSITE AND CONDITIONS

2.1. Access to the Website: You may access some areas of the Website without placing 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 agree to these Website Terms, you must leave the Website immediately and may not 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 as they are binding on you. You will be subject to the policies and terms and conditions in effect at the time you place an Order through us.

2.4. Liability: You are responsible for making all arrangements necessary 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 you provide to us (including our Customer Service 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 able to enter into binding contracts with IT companies
• 3.1.2. You are at least 16 years of age.
• 3.1.3. The placing of orders by a minor under 16 years of age will always be understood to have been carried out under the supervision and authorization of their parents, guardians or legal representatives.

4. HOW TO PLACE AN ORDER (REQUEST YOUR FREE FINGERPRINT) AND HOW IT IS PROCESSED

4.1. Compilation of your order: Once you have selected the product (free fingerprint) 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 “continue”, “place my order” or similar button. It is important that you check all the information you enter and correct any errors before clicking or selecting this button.

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

4.2. Modification or cancellation of your Order: Once you have submitted your Order, you will have the right to change or cancel your Order. If you wish to change or cancel your Order, you may contact our Customer Service team as described in paragraph 6.3 and they will attempt to communicate your requests.

4.5. Delivery of your Order: Once your Order has been processed, it will be sent to the email address you have provided within 24-72 hours.  If we are unable to reach you via email, (incorrect email) we try to call you to send you a correct email your free fingerprint.

5. PAYMENTS AND CANCELLATION

BILLING

You can purchase a paid subscription directly from the app. Tax rates are calculated based on the information you provide to 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 at the subscription fee of your choice.

Price and tax changes

YFM may change the price of paid subscriptions from time to time, including recurring subscription fees and the prepaid period for periods not yet paid. In any case, you will be notified of any price change in due time. Price changes will take effect at the beginning of the next subscription period following the date of the price change.

In accordance with applicable law, if you continue to use the app’s 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 change by unsubscribing from the applicable paid subscription before the price change takes effect.

Tax rates are based on the rates applicable at the time of your monthly collection. These amounts may change over time depending on the local tax requirements of your country, state, territory, or even city. Any tax rate changes will be automatically applied 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 cancel your subscription, please contact our customer service team here. The cancellation will take effect on the day following the last day of the current subscription period, and you will be switched to the free or Fremium version of the app. We do not provide refunds or credits for any partial subscription period, except as 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 the moment 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 authorize Youforget.me to charge you automatically each month, quarter or year (depending on your subscription) until you unsubscribe.

6. CUSTOMER SUPPORT

6.1. General: Customer support is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Service team will try to assist you whenever possible if you have any problems with your Order. You can contact our Customer Service team through the email hola@ewink.es or by calling the phone number that appears on the website, from the app you can contact Customer Service from the contact button. Our opening hours are from Monday to Friday from 9.00 to 14.00 and from 16.00 to 19.00, except national and local holidays in the city of Seville. Time zone Europe/Madrid. 

6.2. Questions about your Order: If your Order takes longer than expected or you have any other problems with your Order, you may contact our Customer Service Team as described above and one of our Customer Service Advisors 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 shipped, you may contact E-wink using the contact details available on the Website. Alternatively, you can contact our Customer Service team as described above and they will attempt to contact the Restaurant to communicate your requests.

6.4. Complaints or Feedback: In the event that you are not satisfied with the quality of our report, please consider providing us with your feedback by contacting our Customer Service. Your feedback is an important part of our quality control process. You are responsible for ensuring that all feedback you provide is accurate and based on your own genuine experience.

7. LICENSE

7.1. Terms of Permitted Use: You are permitted to use the Website and to print and download extracts from the Website for your 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 the material published on the Website (including but not limited to photographs and graphic 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 material you print in accordance with paragraph 7.1 and you must not use images, photographs or any other graphics, video or audio sequences separately from the accompanying text.
• 7.1.4. You must ensure that you are always acknowledged as the author of the material on the website.
• 7.1.5. You are not permitted 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 of 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 on 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: All rights not expressly granted in these Website Terms are reserved.

8. ACCESS TO THE WEBSITE

8.1. Availability of the Website: Whilst we try to ensure that the Website is normally available twenty-four (24) hours a day, we undertake no 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 temporarily suspended at any time and without prior notice.

8.3. Information security: The transmission of information over the Internet is not completely secure. Although we take the measures 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. MATERIAL AND REVIEWS FOR VISITORS

9.1. General:

• 9.1.1. Other than personally identifiable information, which is covered by our Privacy Policy, any material you post, upload, or transmit or upload to the Website (including, but not limited to, 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 obligation with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and use any Visitor Material and all data, images, sounds, text and other things incorporated therein for any and all commercial or non-commercial purposes.
• 9.1.2. You represent and warrant that any Visitor Material that 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 Reviews) that:

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

9.3. Visitor Review Policy: In particular (but without limitation), any feedback 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 activities or invade another’s privacy;
• 9.3.6. give the impression that they come 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 not exhaustive. We reserve the right (but do not assume, except as required by law, any obligation) and have sole discretion to remove or edit at any time any Review or other Visitor Material posted, uploaded or transmitted to the Website that we determine violates a prohibition in paragraphs 9.2 or 9.3 above, is objectionable, or may expose us or any third party to any harm or liability of any kind,   or for any other reason.

9.5. Use of Reviews: Reviews and other Visitor Material contained on the Website are for informational purposes only and do not constitute our advice. Reviews and Visitor Material reflect the views of customers who have placed orders through the Website or other third parties, and any statements, advice or opinions provided by such individuals are solely yours. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Review or other Visitor Material, including, but not limited to, errors, defamation, obscenity, omissions, or falsehoods you may find in such materials.

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

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

9.8. Disclosure to Authorities and Courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting Reviews or other Visitor Material in violation of paragraph 9.2 or 9.3 or any other applicable restrictions and release us to the fullest extent permitted by law from any and all liability in connection with 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 as a convenience to you. If you use these links, you leave the website. We have not reviewed or controlled 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 representations about these websites, their content, or the results of the use of such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so at your own risk.

10.2. Link permission: You may link to the website’s home page (www.ewink.es), provided that:

• 10.2.1. you do so in a fair and lawful manner that 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 or endorsement on our part 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 the information on the Website is correct, we do not promise that it is accurate or complete. We may make changes to the material on the website, or to the functionality, products, and prices described therein, 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 thereof (including any representations, warranties, conditions, undertakings and other terms that might otherwise apply to the Website and your use thereof,   or be implied or otherwise 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, under no circumstances will we 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 the 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 opportunities;
• 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 thereof, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed twice the value of your Order or 100 EUR,   whichever is less.

12.4. Additional Costs: You assume full and exclusive responsibility for any additional or associated costs you may incur in connection with or as a result of your use of the Website, including, but not limited to, costs related to servicing, repairing, or adapting 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 (in 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 (Licence);
• 13.1.2. posted Reviews or other Visitor Material in violation of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
• 13.1.3. has infringed 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 unauthorised, fraudulent or suspicious activity is taking place on your account; or
• 13.1.6 has materially or repeatedly violated 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 be in writing. By using the Website or ordering products through the Website, you agree that communication with us will be primarily 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 acknowledge that all contracts, notices, information, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. EVENTS BEYOND OUR CONTROL

15.1. We will not be liable for any failure or delay in performing any of our obligations under these Website Terms that is caused by events beyond 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, lockouts or other industrial actions;
• 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (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 using railways, ships, aircraft, motorized transport or other means of public or private transport;
• 15.2.5. impossibility of using public or private telecommunications networks; and
• 15.2.6. the acts, decrees, laws, 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 during that period. We will use reasonable efforts to bring any Force Majeure Event to an end or to find a solution whereby our obligations under these Website Terms can 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 we collect from you will be processed in accordance with our Privacy Policy which you can see below.

16.2. Other Terms: You should also review our Cookie Policy for information on how and why we use cookies to improve the quality of the website and your use of the website. 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, illegal or unenforceable to any extent, such term, condition or provision shall be severed to that extent from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

16.4. Entire Agreement: These Website Terms and any documents expressly referred to in them constitute the entire agreement between you and us and supersede all prior discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of any contract.

16.5. No Waiver: Any failure or delay by you or us to enforce (in whole or in part) any provision of these Website Terms shall not be construed 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 with whom we enter into a joint venture, buy or sell.

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

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

18. LAST UPDATED

SEPTEMBER 2024