TERMS AND CONDITIONS
Last updated October 29, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are SPAS Algara ("Company," "we,"
"us," "our"),
a company registered in Algeria at USTO-MB incubator � El
Mnaouar, BP 1505, Bir El Djir 31000, Oran, Alg�rie, Oran, Bir El
Djir 31000.
We operate the mobile
application Resto (the "App"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms")
(collectively, the "Services").
Resto is a mobile
application available on iOS and Android platforms that aims to reduce waiting
times for customers at restaurants. The app offers table reservations at
restaurants and pre-ordering services, allowing users to book tables and/or
place meal orders in advance to find them ready to eat when coming to the
restaurant. Additionally, Resto enables users to discover nearby restaurants
based on their location and explore restaurant visuals, operating hours, and
menus. The primary goal of Resto is to streamline the dining experience for
customers by providing reservation and pre-ordering services.
You can contact us by email at contact@algara.company, or by mail to El Mnaouar, BP 1505, Bir El
Djir 31000, Oran, Alg�rie, Oran, Bir El
Djir 31000, Algeria.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
("you"), and SPAS Algara, concerning your
access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms at any time and for
any reason. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Services. If
you are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that you print
a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2.
INTELLECTUAL PROPERTY RIGHTS
6. USER
GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. THE RESPONSIBILITY OF THE MOBILE APP BETWEEN THE USER
AND THE RESTAURANT IN CASE OF PROBLEM
1. OUR SERVICES
The information provided
when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"),
as well as the trademarks, service marks, and logos contained therein
(the "Marks").
Our Content and Marks are protected by copyright
and trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through
the Services "AS IS" for your personal, non-commercial
use or internal business purpose only.
Your use of our Services
Subject to your compliance
with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below,
we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial
use or internal business purpose.
Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: algara.startup@gmail.com. If
we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying
our Content.
We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section
and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending
us any question, comment, suggestion, idea, feedback, or other information
about the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and materials
to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that
Contributions may be viewable by other users of the Services.
When you post
Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and through
any media channels.
This license includes
our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for
what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
You are solely responsible
for your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party�s intellectual property rights, or (c)
applicable law.
We may remove or edit your
Content: Although
we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
By using the Services, you represent and warrant
that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to
comply with these Legal Terms; (4) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
5. PROHIBITED
ACTIVITIES
You may not access or use the Services for any
purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
6. USER
GENERATED CONTRIBUTIONS
The Services may invite you
to chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material
(collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Services, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our
sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them
in more appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8. GUIDELINES FOR
REVIEWS
We may provide you areas on the Services to
leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right
and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
9. MOBILE
APPLICATION LICENSE
Use License
If you access the Services via the App, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by
you, and to access and use the App on such devices strictly in accordance with
the terms and conditions of this mobile application license contained
in these Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the App; (5)
use the App for any revenue-generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a
product, service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the App; (8) use the App to send automated
queries to any website or to send any unsolicited commercial email; or (9) use
any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App
obtained from either the Apple Store or Google Play (each an "App
Distributor") to access the Services: (1) the license granted to
you for our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor�s terms of service; (2) we are responsible
for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile
application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to conform
to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US government
list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a
VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and conditions
in this mobile application license contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
10. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the
Services.
11. PRIVACY POLICY
We care about data privacy and security. By
using the Services, you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please be advised the
Services are hosted in Germany. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in Germany, then through your continued use of the Services, you are
transferring your data to Germany, and you expressly consent to have your
data transferred to and processed in Germany.
12. TERM AND
TERMINATION
These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
14. GOVERNING LAW
These Legal Terms shall be governed by and
defined following the laws of Algeria. SPAS Algara and yourself
irrevocably consent that the courts of Algeria shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Legal
Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of
or in connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this
ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be three (3). The seat, or legal
place, or arbitration shall be Oran, Algeria. The language of the
proceedings shall be Arabic. The governing law of these Legal Terms shall
be substantive law of Algeria.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
16. CORRECTIONS
There may be information on
the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
18. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys� fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these Legal
Terms; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit
to the Services for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
22. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
23. THE RESPONSIBILITY
OF THE MOBILE APP BETWEEN THE USER AND THE RESTAURANT IN CASE OF PROBLEM
The Resto mobile
application serves solely to connect users with restaurants by providing
reservation and pre-order services. The company providing the application does
not assume any additional responsibility for issues that may arise between the
user and the restaurant. However, the company takes all necessary measures to
mitigate behaviors that could potentially harm both parties.
24. CONTACT US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at:
SPAS Algara
USTO-MB incubator � El
Mnaouar, BP 1505, Bir El Djir 31000, Oran, Alg�rie
Oran, Bir El
Djir 31000
Algeria
contact@algara.company