THIS WEBSITE/APPLICATION IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AND/OR REGISTERING FOR OUR SERVICES.
BY ACCESSING AND USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THESE PARTICULAR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SERVICE
1. Applicable to All Entities
1.1. Website owner and administrator: Ovia Solutions based in Malta at 9, Tal-Zona Industrijali, Triq Tal-Handaq, Qormi, henceforth referred to for the purposes of brevity as “Ovia Solutions”.
1.2. Website Purpose: Ovia Solutions provides a digital menu and ordering solution for registered Store Owners, enabling their customers to order and pay with the use of their smartphones.
1.3. Validity of Terms: At its own discretion and without liability, Ovia Solutions can terminate these Terms of Use and all services at any time and with immediate effect. However, Ovia Solutions will announce such measures through a notification on the Website or to you. These terms and conditions shall supersede any previous terms or conditions.
1.4. Amendments: Ovia Solutions reserves the right to ask you to acknowledge an amended version of these Terms of Use.
1.5. Personal Data collected and/or processed through this Website: Personal data will be collected and processed in connection with the Service in line with our Privacy Policy. Please read our Privacy Policy to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information.
1.6. Intellectual Property: This Website and its original content, features, and functionality are owned by Ovia Solutions and they are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
1.7. Trademarks: Apart from the registered trademark of Ovia Solutions, all other trademarks, and logos displayed on the Website are registered trademarks of third parties. No trademark or distinctive mark displayed on the Website can be used without the written permission of its owner or user.
2. Our Services
2.1. By using our Website/Application, customers (simple users) can access directly the menu of a registered Store (restaurant, café-bar, self-service or takeaway, hotel), and order directly and without waiting by simply scanning a QR code with their smartphones.
2.2. Ovia Solutions, upon registration of a new Store, will provide the application based on the mode that you choose, and create a dedicated website for each registered Store.
2.3. The registered Stores may use our platform either for menu management services, and/or for accepting digital orders, and/or for accepting digital payments.
2.4. Ovia Solutions itself does not provide any food or drink or run any of the registered Stores.
2.5. Customers (simple users) are not obliged to use the platform.
2.6. All services provided to customers by the registered Stores are not a part of these Terms of Use. Therefore, Ovia Solutions is not responsible for the quality of the services provided to customers by the registered Stores.
2.7. This service is provided by Ovia Solutions to customers (simple users) free of charge. Therefore, Ovia Solutions is not responsible for the terms of payment, or additional requirements provided by the Store Owners.
2.8. For digital payments performed by the platform, we do not collect or store any credit card details. We use various payment providers, who are solely responsible for all the security issues relating to the processing of credit card details. See the supported payment providers.
2.9. A fixed payment gateway fee may apply to each online transaction, depending on the business’s country.
3. User Accounts for Store Owners
3.1. You guarantee that the information you provide to Ovia Solutions is correct, complete, and up to date. Additionally, you undertake the responsibility to keep your user information up-to-date, accurate and complete at all times. Ovia Solutions will not be able to proceed with any of its obligations if your data are outdated, incorrect or incomplete.
3.2. You are responsible for all the activity on your user account and you are obliged to keep your username and password secure and secret at all times.
3.3. You will not permit or enable third parties to use your account.
3.4. Ovia Solutions is entitled to verify the information you have provided at any time and to refuse to allow you to use the Application without the provision of a reason.
3.5. You may delete your account manually. Upon the account’s deletion, Ovia Solutions will delete all your data.
3.6. Ovia Solutions reserves its right to delete your account at any time.
4. Use of our Platform
4.1. You will comply with all relevant legislation, and you will use the Website/Application only for legal purposes.
4.2. You will not use the Website/Application to cause annoyance, disruption, or inconvenience.
4.3. You will not attempt to harm in any way the Website/Application.
4.4. You will use authorised devices, compatible hardware, updated software, and secure network connections.
5. License and Restrictions
5.1. Provided that you comply with these Terms of Use, Ovia Solutions grants you a limited, non-exclusive, revocable, and non-transferable license that cannot be sub-licensed, in order to access our Website/Application and use our Platform.
5.2. All rights of the Website/Service are and will remain the property of Ovia Solutions.
5.3. The Website/Application can be made accessible or used in connection with third-party services and/or content. Ovia Solutions cannot be held responsible or liable for any goods, services, or content of third parties.
6. Liability
6.1. You undertake to indemnify Ovia Solutions against all claims, costs, damage, losses, and liability claims (including legal fees and expenses) resulting from or in connection with a violation of any provision of these Terms of Use, statutory provisions or third-party rights by you, or from or in connection with your use of the Service.
7. Applicable Law
7.1. These Terms of Use are subject to Maltese law. The place of exclusive jurisdiction for all disputes arising from or in connection with these Terms of Use is Malta.