Legal

Terms and Conditions Trivec Buddy

Legal

Table of content

Guidelines for Trivec Customers signing up for Trivec Buddy

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Partner:  Trivec customer who has purchased system support from Trivec and who uses Trivec’ s system in their operations. Typically, a restaurant, bar, pub, or café.

User: You as a customer or guest of a Partner

Ordering: An order or purchase made by Users

Subcontractors: Third party contracted by Trivec to enable Trivec to carry out its part of this commitment

Intellectual Property Rights: Intellectual property rights mean copyright and related rights (including database and directory rights and photography rights), patents, utility models, design rights, trademarks, trade secrets, know-how and all other possible types of intellectual property rights

By using Trivec Buddy you agree to these terms of use. Please read these Terms of Use carefully before using Trivec Buddy. If you do not agree to these Terms of Use, please refrain from using Trivec Buddy. These Terms of Use apply to all use of Trivec Buddy and to the Purchase Agreements entered between you and a Partner. By using the application Trivec Buddy you are accepting the same terms and conditions according to the Adyen terms and conditions that Trivec are applying. https://www.adyen.com/legal/terms-and-conditions-marketpay.

Trivec provides a platform where the User (You as a customer) can buy food and beverage products from the Partner the User chooses in Sweden, Denmark, Norway, the Netherlands, Belgium, and France. Trivecs Partners provides information about its products and services through Trivec Buddy, including information on menus and prices. Additional terms and conditions set by the Partner may be applied when purchasing the Partner’s products and services. If such additional conditions are set forth, this is stated in Trivec Buddy.

Once the User has chosen which of the Partner’s products and services are desired, the User places an order to purchase the products and services from the Partner according to the terms presented to the User in the Trivec Buddy before the order was placed (the “Order”).
After Partner has received the Order, Partner will assume responsibility for ordered goods such as food and drink, prepared and carried out to the guest at the table or to the designated place in the system ordered by the order.

When the Order is received and Trivec has provided the User with an order confirmation on behalf of the Partner, the User and the Partner are included in a purchase agreement. Trivec’ s system provides a receipt to the User on behalf of the Partner. The Partner chosen by the User shall prepare (and deliver if delivery services have been ordered) the product or products specified in the Order. Trivec or Trivec’ s subcontractors are not responsible for the Partner’s performance of the Purchase Agreement.

After placing the Order by the User, the Order cannot be cancelled. Once you place an Order on products or delivery services, you cannot withdraw or cancel it. Before placing an Order on a product or service, you should carefully review your selection.

The user shall pay the purchase price stated in the Order by using the payment function in Trivec Buddy. Trivec receives all payments from the Users on behalf of the Partner. The user’s payment commitment arises in connection with the order being placed through Trivec Buddy. The user may only fulfill his payment commitment by using the online payment method set out in Trivec Buddy. The User has fulfilled his payment commitment when the User has paid the purchase price to Trivec. The amount paid will automatically be charged to the User’s credit card before the Order is delivered. Trivec uses an outside payment service provider to handle payments.

If delivery is included in an Order, the Order shall be delivered to the place specified by the User and confirmed in Trivec Buddy. Delivery services are provided by the Partner. The User undertakes that after placing the Order, it will be available to receive delivery at the place from which the order was made. The user can choose to have an Order delivered as soon as possible or at a selected future time. If the User chooses to place an Order as soon as possible, the User shall be available at the place specified and confirmed in the Order from the time the Order was placed until the Order has been received by the User. If the User is not available at the specified location within five (5) minutes of the order’s arrival, Trivec or the Partner may cancel the Order and require the User to pay in full for the Order.

If the User has chosen the Order to be delivered at a future time, the User shall be available at the place specified and confirmed in the Order no later than ten (10) minutes before the selected time until and until the User has received the Order.

If the User has not ordered delivery but has chosen to pick up the products specified in the Order at the Partner’s point of sale, the products must be picked up at the point of sale The User selected in connection with the Order. The user will receive a separate electronic confirmation when the products are ready for collection. The partner or Trivec may set special conditions for the User’s identification in connection with the collection of the ordered products.

After the Partner has notified the User that the Order is ready for collection, the Partner shall keep the ordered products available for at least sixty (60) minutes. However, this commitment is limited if the opening hours that apply to the Partner’s point of sale do not allow the Partner to keep the ordered products available for sixty (60) minutes. The user must in any case pick up the Order during the opening hours that apply to the Partner’s point of sale.
All delivery and pickup times and / or other estimated times communicated to the User by the Partner or Trivec through Trivec Buddy are only estimated times. Neither Partner nor Trivec guarantees that the Order will be delivered or be available for pickup or consumption at the specified time. The delivery time of the products can also be affected by other factors.

All Intellectual Property Rights to Trivec Buddy and to Trivec Buddy related documentation as well as all parts and copies of Trivec Buddy and such documentation belong and shall remain Trivec’ s and / or Trivec’ s subcontractors / licensors. “Intellectual Property Rights” means copyright and related rights (including database and directory rights and photography rights), patents, utility models, design rights, trademarks, trade secrets, know-how and all other possible types of intellectual property rights, whether or not they require registration. These Terms of Use do not grant any Intellectual Property Rights to Trivec Buddy to the User and all rights not expressly granted in these Terms of Use belong to Trivec and Trivec’ s subcontractors / licensors.

The user must comply with all applicable laws and regulations when using Trivec Buddy, including those relating to the purchase of alcohol and tobacco. To the extent that delivery of alcohol is available in the country in which the User is located, the User may be denied delivery of alcoholic beverages if he / she is unable to present a valid photo ID proving that the User is at least eighteen (18) years old. The identification must be presented to Partner or to the person appointed by Partner who delivers the Order. Trivec is constantly developing Trivec Buddy and may change or delete all or parts of Trivec Buddy, including, but not limited to, features, available products, and Partners.

By using Trivec Buddy, the User may access information or access other content that is incorrect, incomplete, misleading, prohibited, offensive, delayed or otherwise harmful. Trivec generally does not control the information or content provided by Partners. Trivec or Trivec’ s subcontractors are not responsible for any third party (including Partners) information or content or for any damages that result from the use or reliance on the information and / or the content. The user is responsible for procuring and paying for all necessary equipment (such as telephones) and the connection necessary for access and use of Trivec Buddy, and all costs associated with this.

User agrees not to: Use or attempt to access another person’s payment information in Trivec Buddy or use another person’s debit card when using Trivec Buddy without obtaining that person’s prior consent. Copy modify or copy works by Trivec Buddy or any technology related to Trivec Buddy. Exercise reverse engineering, decompile, disassemble, decipher, or otherwise attempt to find out the source code of Trivec Buddy or any other technology related to Trivec Buddy in whole or in part. Remove any copyright or trademark or similar trademark found in Trivec Buddy. Collect, use, copy or transmit any information obtained through Trivec Buddy without permission from Trivec. Using cures or other automated methods to use Trivec Buddy. Establish a user account under false identity or someone else’s identity and access Trivec Buddy differently than Trivec.

Trivec has the right to block a Trivec Buddy User with immediate effect and / or refuse to execute or cancel any Orders from the User if the User abuses Trivec Buddy or causes harm or inconvenience to the use of Trivec Buddy or any Partner or Trivec and / or Trivec employees or if Trivec has reasonable grounds to believe that the User is using Trivec Buddy improperly. If the User places a false Order (for example, by not paying or not being available for receipt or cancellation of the Order) or otherwise does not act in accordance with its obligations under these Terms of Use or if there is reasonable cause to assume that the Order is incorrect or authentic. The User undertakes to comply with all applicable third-party terms and conditions when using Trivec Buddy. This especially includes the terms and conditions of payment providers adjacent to the solution and Trivec Buddy.

These Terms of Use constitute a binding agreement between Trivec and the User if the User uses Trivec Buddy or until Trivec announces otherwise. The user may terminate the use of Trivec Buddy at any time. Trivec may cease providing Trivec Buddy temporarily or permanently at any time.

Please note that the Trivec Buddy may cease at any time, temporarily or permanently. Do not use Trivec Buddy for data backup. Trivec makes reasonable efforts to offer our platform and our services flawlessly, but cannot promise or guarantee anything regarding the reliability, functionality, quality and durability of Trivec Buddy, its features or other services offered by Trivec. Trivec denies any responsibility not expressly assumed in these Terms of Use.

The partner undertakes to prepare the products in accordance with the Order and within the time specified in Trivec Buddy. If there is any error in the delivery or the content of the Order, the User should contact the Partner directly. The Partner is solely responsible for any errors in the Order or other violations of the Purchase Agreement. The User who feels that a breach of the Purchase Agreement has been committed shall immediately report any complaints to the Partner and clearly describe the perceived breach of contract.

These Terms of Use shall be interpreted and applied in accordance with Swedish law. If you are a consumer, please note that you cannot be deprived of the mandatory rights you are granted in the consumer law applicable in your residence. Disputes arising from these Terms of Use shall finally be settled in public court with Stockholm District Court as the first instance.

These Terms of Use may be changed unilaterally by Trivec. When changing these Terms of Use, Trivec shall publish the new Terms of Use on the Trivec website. If the User does not accept one or more changes to the Terms of Use, the User shall cease using Trivec Buddy.

Trivec has the right, without the User’s consent, to assign all or part of its rights and obligations under these Terms of Use to a company within the same group, a successor or to an acquirer of Trivec’ s collateral related to Trivec Buddy. The User is not entitled to assign any of his or her rights or obligations, in whole or in part, under these Terms of Use.

Privacy Policy

Policy Overview
Please read this Privacy Policy carefully so that you can better understand how Your personal data is used and shared.

This Privacy Policy applies to:

End-users (“END USERS”) of Our Customers’ websites (“Trivec Buddy”) of Our Customers (“OUR CUSTOMERS”) which make use of Trivec Buddy Services as defined in this Policy, in respect of which, the End Users section of this policy applies; and Visitors (“VISITORS”) of Convious.com (“OUR SITE”), in respect of which, the Visitors section of this policy applies.

The following sections describe who we are, what we do and what terms apply for whom

For the purposes of this Privacy Policy, End Users and Visitors may herein after sometimes be collectively referred to as “YOU”.
Please do not hesitate to contact us with any questions or issues you may have – we are happy to answer! You can reach out to us by emailing us at [email protected]. This Privacy Policy describes Our privacy practices.

What does Trivec collect

We may collect and process information which is automatically and passively collected, whilst You navigate through and interact with the content on a Trivec Buddy, together with information on Your device or computer (such as cookies).
The sole purpose of passively collecting Your information is to enable the Trivec Buddy to improve Your experience when using a Trivec Buddy.
Through the Trivec code embedded on a Trivec Buddy, the information collected and processed includes

Device-specific data

We collect information about the computers, phones, and other devices where you access Trivec Buddy. We may associate the information we collect from your different devices, which helps us to provide consistent services across your devices. The following information may be collected related to Your device and browser: Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers. Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address. Device locations, including specific geographic locations, such as through GPS, Bluetooth, or Wi-Fi signals. Preferred language used to display the Trivec Buddy.

We collect information about the Trivec buddy Sites that you visit, your use of those websites and apps, and information the developers or publishers of the app or website provides to you or us.

User information:
We collect email address you share with us to be able to deliver electronically purchased goods, invoices, reminders about purchased events and custom offers. We use your email address to provide you with customer services, send you service or support messages, updates, and other notifications. We also use your email address to facilitate your referral invitations, detect and prevent fraud, abuse, and other harmful activity.

Other information:
You may choose to provide us when you fill a form, respond to surveys, participate in promotions, or use other features of Trivec Buddy.

Log data:
We automatically collect log information when you use Trivec Buddy. This information includes details how you have used Trivec Buddy, IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), We also collect information related to your transactions on the Trivec Buddy, including date and time, amount charged, payment type and other related transaction details. We do not collect your financial information (like your bank account or credit card information).
Referring URL and domain.
Geographic location (country only).
Preferred language used to display the webpage.
Date and time when website pages were accessed.

Cookies

Trivec do not store any cookies or cookie related material.

How do we secure your information

Trivec has implemented various measures to ensure that the information is adequately protected against unauthorized access, use, disclosure, and destruction. Please keep in mind that risk can never be eliminated but can be significantly mitigated and reduced. All measures which Trivec has taken significantly reduce the risk. Trivec shall not be held liable by any Third Party, including You, in any event of unauthorized access, use and/or disclosure of information if such is not due to Gross Negligence, wilful misconduct, fraud or bad faith by Trivec. Security measures adopted by Trivec include: Access to the information stored within Trivec servers is tiered and limited to Trivec employees by job function that’s necessary to carry out their job responsibilities and to users designated on our Customer’s accounts and Third Parties who can access the information only in specific and limited circumstances and are bound by confidentiality. All accesses to the information stored within Trivec is logged, reported, and reviewed by our security team.

Trivecs servers are protected by a) firewalls establishing a barrier between Our trusted, secure internal network and the Internet; b) IP restrictions, limiting access to whitelisted IPs; and c) encrypted communication between services.
We use HTTPS for Trivecs Services providing secure transfer of data to prevent wiretapping and man-in-the-middle attacks.
Trivec reviews its information collection and processing practices periodically and will review and amend this Privacy Policy accordingly.

Access and Disclosure

Trivec does not rent or sell Your information, but we do disclose Your information to a limited set of trusted Third Parties in the situations explained below, for which You, by using our Services, hereby explicitly consent. We will disclose Your personal information where We are bound to do so, at law or via a court order as well as to meet any legal or regulatory requirement or obligations. We will use all reasonable efforts to ensure that those requirements or obligations are in accordance with Applicable Law.

We reserve the right to disclose Your information to any Third Party if We have reasonable information to believe that the disclosure is necessary for the purpose of an investigation and/or for the enforcement of any breaches of the Terms of Service (if applicable), to detect, prevent or otherwise address fraud, security, technical issues or other irregularities or illegalities, protect the rights and interests as well as the property of Trivec. Our business and Services are constantly developed and improved, and the Privacy Policy and the Terms of Service will thereby also change to take account of any related changes to the Trivec Buddy. We may revise this Privacy Policy from time to time. The most current version of the policy found at www.trivec.se/legal will govern Our use of Your information collected and processed from Trivec Buddy.

Notices and Revisions to Privacy Policy

If You have any concern about your privacy, you are kindly requested to forward an email to Trivec at [email protected] containing a detailed description of Your concerns. Trivec will do its best to resolve such issues within a reasonable time. You have the right to object to the processing and collection of your personal data, and to withdraw your consent at any time, except where otherwise determined by Applicable Law. Whenever you withdraw consent, you acknowledge and accept that this may have a negative influence on the quality of the Trivec Buddy and/or Services as well as may cause the impossibility of access to the Trivec Buddy and/or Services. You further agree that Trivec shall not be held liable with respect to any loss and/ or damage to your personal data.

Governing Law

This Privacy Policy as integral part of the Terms of Service will be exclusively subject to the laws of Sweden. If the parties cannot resolve a dispute after good faith discussions within 30 days, this dispute will be resolved by the court.

Further Information

If you have any questions about our Privacy Policy or our privacy practices, please contact us at [email protected] 

Guidelines for Trivec Customers signing up for Trivec Buddy

Trivec Group and all its subsidiaries (together “Trivec”) are committed to conduct business in a way that complies with all applicable laws and regulations, meets high ethical standards, and respects the fundamental rights of all our stakeholders. Trivec expects our partners including restaurants and other cooperation partners (together “Partners” or “You”) to conduct business in a similar way. These Guidelines outline the minimum standards, which each Trivec Partner should meet, and forms an integral part of all contracts/cooperation between Trivec and Partners. For non-compliance with these Guidelines, Trivec may terminate the business relationship without further justification. Legal compliance and business ethics Partners should conduct their business ethically and in compliance with laws and regulations. This includes the following:

1. You do not engage in any types of bribery, corruption or kickbacks, or similar payments or activities. In addition, you do not offer any gifts or hospitality which may inappropriately influence business decisions.

2. You do not participate in money laundering or financing of terrorist, military, or criminal activities

3. You will not enter transactions with Trivec employees that create a conflict of interest.

4. Competition for business shall be fair and honest. You comply with all anti-trust and competition laws and regulations

5. You ensure that You hold all necessary licenses and permits required to conduct business and meet all applicable food safety and quality requirements as required by laws and regulations and/or mutually agreed between You and Trivec.

6. You keep accurate and transparent business records of all business transactions and comply with applicable tax obligations as required by laws and regulations.

7. You ensure the confidentiality and security of all non-public information concerning Trivec and Trivecs users and business partners, and You protect personal and other data and intellectual property from misuse.

8. Social and environmental standards Respect for people and protection of the environment are fundamentally important to Trivec and we expect our Partners to commit to the following:

a) You respect human rights and fair labour practices.

b) You respect all applicable rights of Your employees in accordance with laws and regulations.

c) You treat all employees and business partners with respect and dignity, and You do not tolerate any form of harassment, intimidation, or workplace violence.

d) You never use any forced or involuntary labour or any child labour.

f) You provide equal treatment to everyone without regard to race, colour, gender, age, religion, marital status, sexual orientation, political opinion, or national or ethnic origin, or other similar characteristics.

g) You provide employees and business partners with a safe and healthy work environment by proactively operating in accordance with recognized practices and standards.

h) You comply with all applicable environmental laws, regulations and permits and take part in the protection of the environment.

9. Reporting any misconduct Any actual or suspended non-compliance with these Guidelines should be reported to Trivec without delay.
Your relationship with Trivec will not be affected by an honest report of potential misconduct. Please submit any reports to Your business partner at Trivec or to [email protected].