Terms and Conditions
V1.1 – Effective date: 08/08 /2020
Welcome to www.avi.app!
These terms and conditions outline the rules and regulations for the use of AVi SYSTEM’s Website, located at www.avi.app.
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.avi.app if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, AVi SYSTEM and/or its licensors own the intellectual property rights for all material on www.avi.app. All intellectual property rights are reserved. You may access this from www.avi.app for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.avi.app
- Sell, rent or sub-license material from www.avi.app
- Reproduce, duplicate or copy material from www.avi.app
- Redistribute content from www.avi.app
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. AVi SYSTEM does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of AVi SYSTEM,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, AVi SYSTEM shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
AVi SYSTEM reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant AVi SYSTEM a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of IVA SYSTEM; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to AVi SYSTEM. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of AVi SYSTEM’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
AVI – AVi SYSTEM is committed to respecting the privacy rights of all visitors to AVI – AVi SYSTEM mobile app (the “Mobile App”).
Personal data generally means information that can be used to individually identify a person, and processing generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We are the controller of your personal data processed in connection with the Mobile App.
Personal Data We Collect
In running and maintaining the Mobile App, we may collect and process the following information:
Personal Data Collected Directly From You
We receive personal data directly from you when you provide it to us through placing a food order, including, but not limited to:
- email address;
- mailing address;
- telephone number;
- username; and
- payment details.
You may also include details in your food order that indicate your health information or religious beliefs.
Personal Data Collected We Automatically Collect
Some personal data is automatically collected when you use the Mobile App, such as:
- device identifiers;
How We Use Personal Data
We process personal data to operate, improve, understand and personalise our services e.g. we use personal data to:
- complete orders including delivery or collection of food;
- personalise content based on your preferences;
- contact you about our offers, subject to your marketing preferences;
- communicate with you;
- protect against or deter fraudulent, illegal or harmful actions;
- respond to user inquiries;
- provide support and assistance;
- comply with our legal or contractual obligations;
- enforce our terms and conditions; and
- resolve disputes.
Lawful Basis for Processing
Purpose of Processing
Lawful Basis under GDPR
Such processing is necessary for the performance of a contract between us and you, where necessary for the purpose of complying with our legal obligations and where you have consented to providing certain information in relation to your food order preferences at the time of purchase.
Training, quality monitoring or evaluating the services we provide
Such processing is necessary for the legitimate interests pursued by us in monitoring and improving the Mobile App’s services and their usage.
Mobile App services, including for troubleshooting, data analysis, and survey purposes.
We have a legitimate interest in operating and maintaining the Mobile App and for related purposes including improving our services.
Statistical information that cannot be related back to individuals to help us improve the services we offer.
We have a legitimate interest in having access to certain analytics to ensure the products and services we provide are adequate.
Enforcing and Defending Our Rights
We have a legitimate interest in ensuring that our services and the Mobile App are used in accordance with our terms and conditions of use and policies.
Where necessary for the purpose of complying with our legal obligations. Where necessary for the purpose of establishing, exercising or defending a legal claim, a prospective legal claim, legal proceedings or prospective legal proceedings.
We will not use your personal data for marketing purposes without your consent. If you wish to stop receiving marketing communications from us, you can opt out at any time by clicking the “opt-out” link at the bottom of any marketing communication from us or by contacting us via [email protected]
Individual Data Subject Rights
Data Protection Laws provide certain rights in favour of data subjects (the “Data Subject Rights”).
Data Subject Rights include the right of a data subject to:
- access personal data;
- rectify or erase personal data (i.e. right to be forgotten);
- restrict processing;
- data portability;
- object to processing; and
- object to automated decision making (including profiling).
These Data Subject Rights will be exercisable by you subject to limitations as provided for under Data Protection Laws.
You may make a request to us to exercise any Data Subject Right by contacting the e-mail address provided on our website. Your request will be dealt with in accordance with Data Protection Laws.
How we Share Data with our Partners
We do not share any personally identifying data with third parties and will not disclose your personal data to any other party except as set out in this policy.
We and AVI – AVi SYSTEM, our online ordering partner, are joint controllers of your personal data processed in connection with food orders placed through the AVI – AVi SYSTEM Online Ordering on the Mobile App. If you have queries regarding how your personal data is processed by AVI – AVi SYSTEM or wish to address your rights, please contact AVI – AVi SYSTEM.
AVI – AVi SYSTEM acts as a processor in assisting us with managing users’ consent to our marketing communications. AVI – AVi SYSTEM also acts as a processor when it assists us to manage our analytics.
We may be required to disclose personal data in some scenarios e.g. when you violate our terms and conditions or other policies. We may disclose such personal data, at our sole discretion, if we believe it necessary or appropriate in connection with investigation of fraud, IP infringement, piracy, or other unlawful activity. This may require disclosure of your name, address, phone number, email or company name.
We may engage other companies and people to perform tasks on our behalf (i.e. processors) and may need to share your information with them to provide you with our services.
In some cases, we may buy or sell its assets which may involve the transfer of customer information. We will transfer such information if we are acquired by or merged with another company. In this event, we will notify you by email.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal data to law enforcement, other government officials, or other third parties without a court order, law enforcement request, legal process, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or the rights of third parties, prevent physical harm or financial loss, or to report suspected illegal activity.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.