Terms and conditions
- A) LEGAL NOTES
Sooneat is a CRM (Custom Relatioship Management) platform accessible via the Web that connects Restaurateurs and Customers with an innovative approach and is distributed by:
Name: SOONEAT S.R.L.
Fiscal code: 10085900966 VAT number: 10085900966
Support Service website www.sooneat.com
With reference to the professional user, these provisions apply in addition to the General terms of sale and use and the special conditions at the time of registration.
B.1. Conditions of use of the Sooneat App
“Company”: means the Company Sooneat Srl;
“Sooneat”: indicates the application distributed by the Company Sooneat Srl;
“Professional user”: means the restaurant owner who can easily and freely integrate the “Sooneat APP” without having to change his habits;
“End user”: indicates the customer of the restaurant owner;
“CRM”: acronym of Customer Relationship Management, indicates the set of strategies for managing interactions with current and potential customers;
“T & C”: acronym for Terms and Conditions.
Description of the Sooneat APP
Sooneat is an application that can be considered as an innovative marketing tool with which the restaurateur will have the opportunity to engage and retain the customer through an algorithm of profiling the customer through the use of social networks and with which the customer has the ability to interact in real time with all other customers in the room, order food or drinks chosen, offer food or drinks to other customers in the room and make the payment through the use of their smartphone.
How to use and access the Sooneat App
By downloading, installing and using the Sooneat App made available by the company Sooneat S.r.l., the user, whether professional or final, accepts the following terms and conditions, as well as any changes that may be made from time to time. The latest version will always be available on the website www.sooneat.com, Windows Phone Store, Google Play and Apple.
To access the services and be able to use the Sooneat APP, the user, be it professional or final, will be required to provide personal data necessary for their identification or, however, necessary to allow the use of the Sooneat APP and related services. The user, be it professional or final, is required to provide true information and to update it.
The Company can never be called upon to answer for any reason whatsoever for any loss or damage, including with reference to any failure to access the services referred to in the Sooneat APP, resulting from the communication of data and / or information that is untrue or outdated .
The user, whether professional or final, has the obligation to use the services offered by the APP in compliance with the laws, regulations in force, these T & Cs and the conditions, the specific limits and methods of use applicable to them and rendered known and updated also through the site www.sooneat.com
The user, be it professional or final, in particular and without this implying any derogation from all of the above, acknowledges and agrees that:
The services available through the APP must be used in compliance with the principles of good faith and correctness;
It is expressly forbidden to use the services available through the APP for illegal or fraudulent purposes or activities;
The Company is solely responsible for the provision of access services and their operation within the limits set forth in these T & Cs;
Security and PIN APP
To be able to safely use the Sooneat APP, the user, be it professional or final, must generate his own security code – hereinafter referred to as APP PIN – according to the procedures and instructions provided in the procedure for installing the APP in the own device or specified on the site www.sooneat.com.
The user, whether professional or final, is solely responsible for the correct and personal use of the APP and its APP PIN, its custody and accessibility to third parties as well as the safekeeping and proper use of the device in which it is the Sooneat APP has been installed.
The user, be it professional or final, therefore, is required to keep the device and its APP PIN with the necessary diligence and prudence in order to prevent improper use and abuse, not to cede or give to third parties their device and your APP PIN, not to communicate or transcribe your APP PIN on any support, and to keep it separate from the device in which the Sooneat APP was installed.
In case of loss or subtraction of the terminal on which the APP has been downloaded, the user, whether professional or final, is obliged to immediately report to the competent Authorities and to promptly inform the Company as well as to contact the Customer Assistance Service of Sooneat.
In case of suspicion that third parties have become aware of their PIN, the user, whether professional or final, will have to immediately change it.
If the user, be it professional or final, divested or given to third parties his terminal will have to remove the Sooneat APP beforehand.
In case of non-compliance with the obligations set forth in this point, the Company can not be held responsible for any loss, damage or prejudice arising from the user, whether professional or final, improper use or abuse of the Sooneat APP and all the features associated with it.
Lastly, the user, be it professional or final, acknowledges and accepts that, in order to protect the integrity of the networks, the security of the service and avoid abnormal frauds or uses of the APP reserves the right to take appropriate action, including limitations or suspensions of the use of the same APP.
Service communications and commercial information
The Sooneat APP will be able to display service communications also with reference to the contractual conditions and use of the APP itself as well as commercial information relating to other companies that make services available.
It may also make available products and / or services of the Company, of companies connected to it or of third parties, as well as from time to time modify its functions.
The user, be it professional or final, accepts that the company can enter such communications and manage said services with the exclusion of responsibility for any and all loss or damage suffered by the user, be it professional or final, and consequent to the information made available and / or from the use of the services provided through the Sooneat APP or consequent to any relationships established by the user, be it professional or final, with any third parties for the use of the same.
The Sooneat APP can provide links to websites or web resources, as well as contact services between user groups.
The professional user, for promotional and advertising purposes, agrees that the Company makes publications and indexes of the company’s partner restaurants on google.
The user, be it professional or final, recognizes and therefore accepts that the Company is not responsible for the availability of such resources or external sites and that it does not endorse and is not responsible for the relative contents, advertising, products or other materials present or available on such sites or resources.
The Company reserves the right to modify, suspend or discontinue the services provided through the Sooneat APP, or part of them, at any time with or without notice if it finds the violation of these terms and conditions of use.
The user, be it professional or final, accepts that, in this last case, the Company will not be held responsible towards him or any third party for the aforementioned modifications, suspensions or interruptions.
- Services usable through the Sooneat APP
Marketing and “social eating”
The Company makes use of its own APP, among others, innovative marketing services through a certified review system, which allows access to restaurant owners and customers, loyalty to the customer through a profiling algorithm that is connected to the social network studies the tastes and stores them, creating an interactive menu without any additional cost for updating and / or periodic review of the same, creating an integrated system of “social eating” characterized by a usable messaging platform only inside the restaurant that allows customers present inside the room to interact in real time with each other, to order independently the dishes and / or drinks chosen from the interactive menu as well as to offer drinks to the neighbors of the table.
Payments via smartphone
The Sooneat App allows the final user to pay the account directly to the professional user via their smartphone overcoming the problem of queues at the cash desk due to the slowness of the pos and other traditional payment instruments, in particular payment via paypal, credit card credit and / or any other financial instrument without having to open an account.
In any case, the Company can not be held responsible for any loss or damage deriving from the non-transaction of said payments made by the end user, by not guaranteeing their functioning in any way.
The services offered by the Sooneat App are free for the end user.
Instead, the contractually established tariffs and absolutely transparent for professional users apply, which vary according to the services requested with modulations available on the website www.sooneat.com.
Intellectual property rights
- Proprietary and confidential information
The user, be it professional or final, recognizes and accepts that the Sooneat APP and any service connected to the same APP may involve the use of proprietary and confidential information, protected by applicable laws on intellectual property and other regulations or also treated internationally.
The user, be it professional or final, also recognizes and accepts that the content present in any advertisements displayed through the Sooneat APP are the property of their respective owners of the copyright, trademark, service mark, patent or other right.
The Company grants the user, whether professional or final, a personal and non-transferable and non-exclusive right and license to use the Sooneat APP.
- Obligations for the user
The user, be it professional or final, accepts and undertakes not to reproduce, duplicate, copy, sell, trade, resell or use for commercial purposes, in whole or in part, the Sooneat APP.
The user, be it professional or final, undertakes to refrain, directly or indirectly, from one of the following activities: copying, modifying, creating works derived from the source code, decoding, disassembling or otherwise attempting to discover such code, selling , transfer, sub-license or otherwise transfer any rights related to the APP.
The user, whether professional or final, is obligated not to use the Sooneat App or its contents for illegal, illegitimate, fraudulent, offensive, indecent, threatening, hateful or violent purposes, or for which you do not possess intellectual property rights and for which rights holders have not given permission.
- Sanctions for breach of obligations
- Changes and updates.
The Sooneat APP can automatically report also diagnostic data and automatically download updates in order to adapt, improve and further develop the service, including the availability of bug fixes, patches, advanced features, plug-ins and new versions, as well as to comply to legal requirements.
- Rules on publications
End Users must follow the following rules when publishing reviews related to the professional user:
to post a review, end users must have actually lunched and / or dined in a specific place that uses the Sooneat App and must certify their knowledge of the room through the receipt for the account paid.
to avoid conflicts of interest and for obvious reasons of third party, it is expressly forbidden to publish reviews by employees and / or collaborators of the professional user.
the review must refer exclusively to the local visited by following the parameters: location, menu, service, account.
- Elimination of reviews
Reviews can be deleted for the following reasons:
if the end user does not adhere to the “Conditions to publish reviews” as defined above;
if the Company reasonably believes that it may involve its civil or criminal liability;
if the content or elements related to the identity of the author contain insults or vulgarity;
if the content can damage the image of the Company or one of the commercial partners, affiliates, other companies connected to the Company itself or third parties;
if the content is not related to the reviewed professional user;
if the content is or is suspected of being a violation of the Company’s intellectual property rights or of one of its business partners, affiliates, other companies related to the Company itself or third parties;
if the content causes questions of conflict of interest or fraud;
if the content is incomprehensible;
if an end user makes an inappropriate comment on the content of another review or on its author;
if the content contains personal information or elements that may lead to identity theft, as an example and not exhaustive: name, surname of persons who are not public figures, telephone number, addresses, e-mails, etc .;
if the content mentions websites, hypertext links, URLs, email addresses and / or telephone numbers not linked to the Company;
if the content is clearly spam.
- Moderation of reviews
The Company has no obligation to moderate or remove reviews.
Users, be they professional or final, can request the moderation and / or elimination of a review published previously by sending an email to firstname.lastname@example.org, specifying the reasons for the request.
- Right of reply
The professional user always has the right to reply, in particular to:
give your own version of the facts;
thank the consumers for their contribution;
indicate the changes made to the room after the review has been written.
- Use reviews
Users, be they professional or final, consent to the fact that, by publishing reviews, they automatically grant the Company an irrevocable, permanent, non-exclusive, royalty-free license to use, copy, display, adapt, modify, translate , distribute, distribute or promote, integrate into advertisements or other material, create derivative works, increase, disseminate or otherwise distribute such content in the world and to allow third parties to do the same, in all media, online or otherwise.
Furthermore, by publishing reviews, users, whether professional or final, automatically grant the Company all rights necessary to prohibit the display, collection, copying or use of such content by third parties for any purpose.
- Data collected
By installing the Sooneat APP, the user, whether professional or final, declares and accepts that the Company, in full compliance with the principles established by Legislative Decree 196/03 “Code regarding the protection of personal data” (“Code”) ), may access, store and process the personal data of the user, whether professional or final, and any information necessary for the operation of the Sooneat APP or services provided through the APP.
The user, be it professional or final, recognizes that the correct use of the Sooneat APP provides for the transmission of data through electronic communications networks.
The data processed are those necessary for the proper functioning of the APP and related services.
The data directly provided by the user, be it professional or final, or automatically acquired by the functioning of the APP, are collected and processed also for the fulfillment of obligations under EU and national laws, including laws, pro tempore regulations in force and provisions also given by Authorities to this legitimate, as well as for purposes related to the protection of public order, the establishment and prosecution of criminal offenses.
The Company can not be held responsible for any loss or damage deriving from the communication of such data occurred in connection with the use of the APP and / or the services provided through the APP as well as in the case of use of authentication / authorization systems third parties connected to it and / or associated.
The user, both professional and final, while using the APP or CRM, expressly authorizes the automatic collection of information of any kind.
Personal data includes information provided by users, in particular name and surname, telephone number, postal and e-mail address, date of birth, password and payment details (credit card number, cardholder, expiry date and security code).
The company reserves the right to collect other information, including the IP address, identification data and the location of the computer or mobile device and the browsing history on the site, to the extent that such information concerns the user.
- Data from third parties
The company may receive information about the user from any affiliates, business partners or other independent third parties.
This information will be added to any other data collected on the user and processed in accordance with these provisions.
Therefore, if the user, be it professional or final, accesses the Sooneat App through a commercial partner and is a registered user with that partner, the latter could share with the company the information received, for example contacts and the user’s profile.
Similarly, if the user uses third-party services (for example on social networks), the company may collect data such as the user name, password and other information made available through these services.
- Commercial information
With the consent of the user, be it professional or final, the Company may also, through the APP, send communications concerning offers and / or promotions of the Company and / or commercial partners of the Company in the manner and the forms envisaged by art. 130 of the Code, and, in particular, the user, whether professional or final, expressly accepts that their personal data may be used for commercial purposes by sending targeted messaging with a popup on the user’s device.
- Liability exemption
The Company can not be held responsible for any loss or damage deriving from the communication of such data made freely and voluntarily by the user, be it professional or final, nor can it be held responsible for any loss or damage deriving from sharing said personal data freely and voluntarily by the user.
The end user, in case of use of the chat module, expressly accepts that his personal data (including photographs) can be shared with the other guests, also end users of the APP, of the same restaurant, professional user.
The Company can not be held responsible for any loss or damage deriving from the sharing of such data carried out freely and voluntarily by the final user.
- Payment data
If the user makes payments to a professional user who requests a credit card information, the payment service provider used by the professional user himself collects the data provided, including the number, the expiry date, the cardholder and the security code of the credit card.
This payment information is encrypted and stored securely.
Payment data is processed directly by the service provider and not by the Company or professional user, who are not authorized to access it.
The data relating to credit cards are stored by the payment service provider for the sole purpose of completing the transactions and exclusively for the time necessary for the management of potential claims by the cardholders themselves.
- Data processing manager
The owner of the processing of personal data is the company Sooneat S.r.l. with registered office in Milan (MI).
References to exercise the rights referred to in art. 7 of the Code are shown below:
Customer Service via chat www.sooneat.com
Support Service website www.sooneat.com
Manleve and limitation of responsibility
- General provisions
The user, be it professional or final, declares to acknowledge and accept the following:
The use of the Sooneat App by the user, whether professional or final, is at the sole risk of the user.
The Sooneat APP is provided to the user, be it professional or final, with the “sight, tested and liked” formula.
The Company does not guarantee that:
the Sooneat APP meets the specific needs of the user, be it professional or final;
the Sooneat APP is free of malfunctions or error-free or has a certain speed considering that this may derive from factors external to the Company itself;
the quality of any product, service, information or other material purchased or obtained by the user, whether professional or final, through the Sooneat APP will meet the expectations;
the Sooneat APP can always work correctly: in some cases it may lose information on orders, orders etc. and the Company is relieved of any direct, indirect, incidental, special or consequential damage arising from the aforementioned incorrect operation.
No information or advice, whether oral or written, provided to the user, whether professional or final, by the Company and / or its employees or collaborators will constitute a form of guarantee.
The user, be it professional or final, agrees to indemnify the Company, as well as its subsidiaries and affiliates, its officers, agents, employees, licensee advertisers, suppliers or partners, from any obligation to compensate third parties arising from or in any way connected to the use of the Sooneat APP by the user, be it professional or final, deriving from violations of the present T & C, from any other action connected to the unlawful and / or fraudulent use of the Sooneat APP.
The user, whether professional or final, acknowledges and expressly accepts that the Company and the partners will not be liable to you for any direct, indirect, incidental, special or consequential damages, including without limitation, damages for loss of profits , start-up, use, data or other losses deriving from or in any way connected to the use of the Sooneat APP or to the lack of availability and / or functionality, and consequently to a possible non-use of the APP, by the user, it professional or final.
The company does not guarantee that the information displayed through the Sooneat App regarding the services offered by professional users is detailed, complete, verified or accurate as it does not guarantee the quality or the goodness of the foods and / or drinks marketed by the professional user.
Restorative content, information, restaurant pages, menus and, in general, all contents of the Sooneat App are provided “as they appear” without expressing or implying guarantees of any kind.
Likewise, end users agree that the Company is in no way responsible if the end users themselves fail to benefit from promotions or special offers offered by a professional user via the App.
Therefore, end users acknowledge and accept that the Company is in no way responsible if the professional user does not honor a promotion or special offer for any reason as the Company can never be called to answer for lack of enjoyment by end user of the services offered by the professional user.
Reference to current legislation.
For what is not expressly provided for by these T & C, the regulations in force in Italy apply.
For any controversy arising on the interpretation and / or execution of the terms and conditions of use of the APP, the user, be it professional or final, and the Company elect as the competent court in an exclusive and mandatory manner the Court of Milan.