Terms of service

Last updated: November 5, 2021
Thank you for using our product!
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to a-la-carte.net (the “Service”) operated by Daebak SRL.
When we say the “User”, “You” or “your”, we are referring to the people or organizations that own an account on the Service or to the visitor of the website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who might have access to your login credentials.

Professional customer and VAT application within European Union

The Service is aimed at professional customers only. If you are located inside the European Union, you will need to provide us a valid VAT number.
The Company being based in Belgium, this means the following regarding VAT. If you are also located in Belgium, you will be charged with the VAT added. If you are located in another country in Europe, reverse charges will apply, that’s why we need a valid VAT number. If you are located outside Europe, no VAT will be added.
We do not sell to residential customers, especially in the European Union.
We use a service provided by Stripe to calculate and collect appropriate sales tax.

Subscription and payment

The Service is available on a subscription basis. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.
At the end of each Billing Cycle, your subscription will automatically renew unless you cancel it or we cancel it. You may cancel your subscription renewal in your customer portal.
A valid payment method (credit card or SEPA direct debit) is required to process the payment for your subscription. You shall provide accurate and complete billing information including full name, address, European VAT number (if applicable), and valid payment method information.
Should automatic billing fail to occur for any reason, we will issue an electronic request for payment indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the document.
After each payment received, a corresponding electronic invoice will be sent to you by email or made available for download through your account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Certain refund requests for subscriptions may be considered on a case-by-case basis and granted in sole discretion of the Company.
We may, at our sole discretion, offer a subscription with a free trial for a limited period of time. At any time and without notice, we reserve the right to modify the terms and conditions of the free trial offer, or cancel such free trial offer.

Termination

You are solely responsible for properly canceling your account.
Once your account is canceled, your menu won’t be accessible anymore to visitors.
Inactive account, account canceled or trial account not converted to an active paid subscription will be deleted after 30 days. The account is deleted with all the data, except invoicing data which are legally required to be kept longer.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Service if you do anything against the law, illegal, if you don’t respect those terms, if you don’t respect the Service, if your activity puts the Service at risk, or for whatever reason we might consider important.

Copyright and content ownership

All content posted on the Service must comply with copyright laws.
We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
The names, look, and feel of the Service are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

Limitation of liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Service, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability. The Company’s entire responsibility to you in connection with any service, whether direct or indirect, shall in no event exceed the fees paid by you for this service.

Your obligation to indemnify

You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the website or Service and/or your breach of any of these terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.

Disclaimer, warning and uptime

Your use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do not offer service-level agreements (SLA), but we do take uptime of our application seriously and we’ll do our best to maintain our application in a professional way.

Complaints and claims

For any dispute, the User agrees to contact us first and attempt to resolve the dispute with us informally.

Governing law and jurisdiction

These Terms shall be governed and construed in accordance with the laws of Belgium. In the event of a dispute, Belgian law will be applicable and the courts of Liège will have sole jurisdiction.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Questions

If you have any questions, please contact us. Email address contact@a-la-carte.net or via the contact page.
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