Terms and conditions
The use of the website on which these terms reside (collectively, the "Platform"), and the features of this Platform are subject to these Terms of Use, which establishes a legally binding agreement between you and Kanibales (Max Uhle) “Grande in family". Please read this Agreement carefully before using this Platform. If you do not agree to the terms contained in this agreement, then do not use the Platform. Use of the Platform constitutes acknowledgment of your acceptance of this Agreement. This includes, but is not limited to, conducting an electronic transaction and accepting the disclaimer of warranties, indemnities, and remedies, exclusions and limitations. You acknowledge that you have read and agree to be bound by this Agreement to comply with all applicable laws, regulations and / or rules in relation to the use of the Platform. Kanibales (Max Uhle) “Grande en Familia” may update this Platform and this Agreement from time to time. The use of this Platform after Kanibales (Max Uhle) “Grande en Familia” notifies an update of the Platform or of this Agreement constitutes acceptance of such changes prospectively from the date of such changes. Kanibales (Max Uhle) “Grande en Familia” may, at its sole discretion and at any time, suspend this Platform or any part of it, with or without prior notice, or prevent its use with or without prior notice. You agree that you do not have any rights to this Platform and Kanibales (Max Uhle) “Grande en Familia” will have no responsibility to you if this Platform is interrupted or if your ability to access it ends. You may not use the Platform for purposes that are illegal or prohibited by this Agreement. Your access to the Platform may be terminated immediately at the sole discretion of Kanibales (Max Uhle) “Grande en Familia”, with or without notice, if you do not comply with any provision of this Agreement and / or additional conditions.
AUTHORIZATION
Kanibales (Max Uhle) “Grande en Familia” grants you a limited, non-exclusive and revocable authorization to use parts of the Platform directly and personally, and only for your own private, non-commercial purposes, exclusively in accordance with the terms of this agreement. You acknowledge that any reliance on the Platform or any Content (as defined below) will be at your own risk. Kanibales (Max Uhle) "Big in the Family" also makes no representations regarding the amount of time any content will be kept. The Platform, and any of the services performed, provided or enabled through the Platform and all the information, communications, photos, text, video, graphics, music, sounds, images, design and other materials provided to you through the Platform and the compilation of the foregoing (collectively, "content"), are only intended for lawful use by users of the Platform. The Platform, Content, and the selection, coordination and arrangement thereof, are the property of Kanibales (Max Uhle) "Grande en Familia", and / or their respective licensors. The unauthorized copying, display, sale, distribution or any other use of any content is a violation of the law. You acknowledge having been advised by Kanibales (Max Uhle) "Grande en Familia" that the Content and the Platform are protected in Ecuador and internationally by a variety of laws, including but not limited to, The Intellectual Property Law, and the rules emanated international treaties and conventions relating to copyrights, trademarks, patents and intellectual property and other forms of exclusive property. This document does not contain a license for the use of trademarks, trade names, logos, graphic designs, distinctive signs, and any other intellectual property rights of Kanibales (Max Uhle) "Grande en Familia" or of its licensors, for which you acknowledges and states that it will refrain from its unauthorized use. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will immediately notify Kanibales (Max Uhle ) "Big in Family" if any information changes. Kanibales (Max Uhle) “Grande en Familia” does not guarantee that the Platform or the Content will be available for use in certain locations.
The Platform, Content, Platform Updates (as defined below), documentation, and any accompanying typeface in reading form or in any other way have been authorized to you by Kanibales (Max Uhle) "Grande Family ”subject to the terms of this Agreement. The rights granted in this document are not transferable, and are limited to the intellectual property rights of Kanibales (Max Uhle) “Grande en Familia” of the Platform and do not include any other patents or intellectual property rights. This Agreement grants you permission to use the Platform on one device at a time. The user cannot make the Platform available on a network where it could be used on several devices at the same time. This Agreement does not grant you any right to use the interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any way not permitted under this Agreement, including, without limitation, the resale, transfer, modification or distribution of the Platform, the copying or distribution of text, images, music, video, data, hyperlinks, screens, and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate Kanibales (Max Uhle) “Grande en Familia” to provide printed documentation, support, telephone assistance, or improvements or changes to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform.
You agree not to misuse any Content on the Platform in any way that may cause confusion among consumers or infringe the intellectual property rights of Kanibales (Max Uhle) “Grande en Familia”.
USE OF THE PLATFORM
The following requirements apply to the use of the Platform:
● You will not use any electronic communication features of the Platform for any purpose that is illegal, harmful, devious, defamatory, libelous, obscene, invasive of another person's privacy, threatening, abusive, hateful, racist, illegal, pornographic, inciting to criminal or abusive acts, or for objectionable or inappropriate purposes as determined by Kanibales (Max Uhle) “Big in Family”.
● You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as the rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
● You will not collect or store personal data of other users.
● You will not use the Platform for commercial purposes without the express written authorization of Kanibales (Max Uhle) “Grande en Familia”.
● You will not upload, email, include in messages (as defined below) or transmit any material that contains unsolicited advertisements, viruses, corrupted files, software, links to other sites or any other computer code , files or programs that may adversely affect, interrupt, limit or interfere with the functioning of the Kanibales (Max Uhle) “Grande en Familia” system or the computer of any third party. Likewise, you agree that you will not share or publish any content that violates the operation of the platform or any other feature.
● Kanibales (Max Uhle) “Grande en Familia” may cancel the account of the user who fails to comply with any of the aforementioned requirements.
USER GENERATED CONTENT
Kanibales (Max Uhle) “Grande en Familia” reserves the right to monitor any and all messages, announcements, or other content sent to the Platform, and reserves the right to remove or refuse to post anything that Kanibales (Max Uhle ) “Grande en Familia”, in its sole discretion, violates the Publishing Rules, the law, or is otherwise inappropriate. However, Kanibales (Max Uhle) “Grande en Familia” does not necessarily supervise the material published, transmitted, or communicated within the Platform. Kanibales (Max Uhle) "Grande en Familia" is not responsible for the content published by its users or third parties.
Illegal or abusive content: You understand and agree that you are responsible for the content of your messages, and you agree not to include anything that is illegal, harmful, devious, defamatory, libelous, obscene, invasive of another person's privacy, threatening, abusive , hateful, racist, illegal, pornographic, incites criminal or abusive acts, or is dubious or inappropriate as determined by Kanibales (Max Uhle) “Grande en Familia”.
Violations of Third Party Rights: You agree that you will not post in your messages any content that contains personal information about any individual, violates the privacy of any other person or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including, without limitation, the staff of Kanibales (Max Uhle) “Grande en Familia”. Likewise, you agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or defamatory comments about others, or that infringes copyrights, trademarks, patents, trade secrets, or other intellectual property rights. of a third party (as well as the rights of publicity and privacy). You agree that you will not collect or store personal data of other users. If you believe that a message was posted in violation of this agreement, please copy the text of the message into an email and send it to info@kanibales.com . The user accepts that Kanibales (Max Uhle) “Grande en Familia” cannot act as arbitrator of the conflicts derived from third party communications or transmission to the platform. For more information on submitting complaints, please contact info@kanibales.com . Without limiting the rights or resources of Kanibales (Max Uhle) “Grande en Familia”, violations of any of the above rules may result in a warning notice, removal of offensive content, or termination of your account. copyright or trademark and believe your rights have been violated, please contact info@kanibales.com .
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COMMUNICATION WITH KANIBALES (MAX UHLE) "GRANDE EN FAMILIA"
In certain areas of the Platform you may be given the ability to contact Kanibales (Max Uhle) “Grande en Familia” by email, for example, to sign up for services such as email notifications and newsletters about Kanibales (Max Uhle) “Big Family” products, to enter a particular sweepstakes or contest. The information you provide to Kanibales (Max Uhle) "Big in Family" through the Platform is governed by the Privacy Policy of Kanibales (Max Uhle) "Big in Family". By using the Platform, you acknowledge and agree that any material, ideas or other communications that you transmit to Kanibales (Max Uhle) “Grande en Familia” in any way and for any reason, will not be treated as confidential or private. Furthermore, you acknowledge and accept that any ideas, concepts, techniques, procedures, methods, systems, designs, graphics, or other materials that you transmit to Kanibales (Max Uhle) "Grande en Familia" may be used by Kanibales (Max Uhle) "Big Family" anywhere, anytime and for any reason.
MOBILE AND INTERNET SERVICE
Use of the Platform on a mobile device (mobile web platform) requires the use of a mobile device and mobile wireless data service, which must be obtained from your wireless service provider, and may require Internet access, which must be obtained You are responsible for obtaining and paying for these additional services and obtaining a suitable device, including, without limitation, all related usage charges. The Platform may request you to send and receive, at your cost, electronic communications related to it, including, without limitation, administrative messages, service announcements, diagnostic data reports, and platform updates, from Kanibales (Max Uhle). "Grande en Familia", your mobile phone operator or third party service providers. If you do not have an unlimited cellular mobile data plan, you may incur additional charges from your wireless service provider in connection with the use of the Platform. You are solely responsible for obtaining additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to the payment of all third-party fees associated with them.The Platform may not work with all computers , browsers, devices or all mobile phone operators. Kanibales (Max Uhle) “Grande en Familia” does not make any statement that the platform will be compatible with all computers, browsers, devices or mobile phone companies.
Part of the functionality of the Platform, including services based on location and functionality, may require the transmission of information provided by the user, including, without limitation, username and password, address, e-mail and / or GPS location. . If the user uses the functionality of said Platform, the user consents to the transmission of the user's information to Kanibales (Max Uhle) “Grande en Familia” and / or its agents and authorizes Kanibales (Max Uhle) “Grande en Familia” and / or its agents to register, process and store user information for the functionality of the Platform and for the purposes described in the Privacy Policy of Kanibales (Max Uhle) “Grande en Familia”.
ACCOUNTS, PASSWORDS AND SECURITY
Certain areas of the Platform may require registration or may otherwise ask to provide information to participate in certain functions or access certain content. If you choose not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This can include loyalty and rewards programs. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will prevail. You also understand and accept that certain offers, services and functions may be available on the website version of the Platform and not in the mobile application version of the Platform, and vice versa.
If the Platform requires the creation of an account or otherwise to send information, you must complete the specified process by providing Kanibales (Max Uhle) “Grande en Familia” with current, complete and exact information as requested in the corresponding registration form. It is your responsibility to maintain the integrity and accuracy of current registration data, and any loss caused by failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid email address and choose a password. The user is solely responsible for maintaining the confidentiality of his password and account. The personal account, username and password are personal to each user and non-transferable so they cannot be shared with another person. Furthermore, you are solely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities carried out with the device, or payment card. You agree to notify Kanibales ( Max Uhle) “Grande en Familia” immediately upon any unauthorized use of your account. In addition, you agree not to email, post, or disseminate any user ID, password, or other information that provides you with access to the Platform. Kanibales (Max Uhle) “Grande en Familia” is not responsible for any loss you may suffer as a result of someone else using your password or account, either with or without your knowledge. Kanibales (Max Uhle) “Grande en Familia” will not be responsible for any loss or theft of user information transmitted from or stored in a computer or device or for unauthorized or fraudulent transactions related to the Platform.
Creating an account or opting out to receive notifications or offers does not guarantee the receipt of such messages or the availability of any promotional offers.
The user agrees that the providers of Kanibales (Max Uhle) “Grande en Familia” and Kanibales (Max Uhle) “Grande en Familia” may collect and use technical data and related information, including but not limited to technical information about their device, geolocation, date and time of the access platform, system and application software, and peripherals, which meets periodically to, among other things, facilitate the provision of software updates, product support and other services in relation to the Platform. You grant Kanibales (Max Uhle) “Grande en Familia” permission to use this information to improve its products or to provide you with services or technologies, as well as to provide advertising content in which Kanibales (Max Uhle) “Grande en Familia ”believes you might be interested, including working with third parties who provide targeted advertising content.
TRANSACTIONS AND AVAILABILITY OF PRODUCTS
Through the platform, you may be able to order products and / or services at Kanibales (Max Uhle) “Grande en Familia”. To order this type of products or services, you have the option of paying through a third party payment button (banks). In this transaction you must provide certain relevant information to the provider of said service, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name of your credit card or debit card and your billing address. You represent and warrant that you have the legal right to use any bank card or other payment method used in connection with any transaction. By submitting such information, you grant the provider of this service the right to provide and transmit such information to facilitate the completion of transactions initiated by or on your behalf. Verification of information may be required prior to confirmation or completion of any transaction. Kanibales (Max Uhle) “Grande en Familia” is not responsible for the use made of this information by the payment service provider. Kanibales (Max Uhle) “Grande en Familia” may allow, through the Platform, you to request menu items or other products or services (collectively "Products or Services") from your location. All descriptions, images, features, Specifications, products and prices of products or services are subject to change at any time without notice. The inclusion of any product or service on the Platform does not imply or guarantee that these products or services will be available. Kanibales (Max Uhle) “Grande en Familia” reserves the right, with or without prior notice, to do one or more of the following actions for any reason: (i) limit the quantity available or withdraw any product or service; (ii) impose conditions on the fulfillment of any coupon, coupon code, promotional code, or other similar promotion; (iii) prevent you from being able to carry out or complete any or all of the transactions; and (iv) refuse to provide any product or service. You agree to pay all charges incurred, on your behalf or on your behalf through the Platform, at the price in effect at the time such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that the web, and mobile ordering and the ability to purchase products and services are only available at participating locations (which are subject to change without notice). Prices and availability of menu items and customization options vary by location.
Any products or services described on the platform are available only in jurisdictions where they can be legally offered for sale.
You understand and accept that if your payment method is by credit or debit card, you will be charged at the time of placing your order for products and / or services. You understand and accept that the transaction for the purchase of products or services is final and complete at the time it is charged. Once an order is placed, no changes can be made to the order. Once Kanibales (Max Uhle) “Grande en Familia” has accepted the order and sent a notification of said acceptance through the Platform, you will not be able to cancel your order. The order functionality of the Platform is intended for off-site users and should not be used to order from inside a Kanibales (Max Uhle) “Grande en Familia” restaurant.
DISPATCH AND DELIVERY OF ORDERS
Once you have placed an order and paid for it, if your payment method was by credit or debit card, Kanibales (Max Uhle) "Grande en Familia" will be able to accept or reject your order. In case of accepting the order you will be notified that your order is being prepared and you will receive an estimated time in which your order will arrive at the address provided. This delivery time is an estimate and you accept that there are factors unrelated to the operation of Kanibales (Max Uhle) “Grande en Familia” that could delay or increase the delivery time of the order such as: adverse weather, traffic, mechanical emergency, accidents, among others. An order may not take more than ninety minutes to arrive, otherwise Kanibales (Max Uhle) "Big in the Family" undertakes to refund the cost of the order. In case you have selected cash as a form of payment, you agree that you must pay the final amount of the order once the order arrives at the address provided by you through the Platform.
REPRESENTATION, DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Kanibales (Max Uhle) “Grande en Familia” and its subsidiaries, officers, employees and contractors of the website and each of its officers, employees and agents (collectively, "Affiliates of Kanibales (Max Uhle)“ Grande en Familia ") do not represent or give any guarantee as to the completeness, accuracy, timeliness or suitability of any information, data, points of view, opinions, statements or recommendations that appear on the Platform. Kanibales (Max Uhle) “Grande en Familia” and the affiliates of Kanibales (Max Uhle) “Grande en Familia” are not responsible for damage caused to the device of any user or damage to the computer due to any virus, errors, manipulation, intervention unauthorized, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, or any other technical failure or error of any kind. You should also be aware that email and other communications over the Internet may not be secure and you should consider this before sending information by email to Kanibales (Max Uhle) "Grande en Familia" and Kanibales Affiliates (Max Uhle ) “Grande en Familia” or before posting on the Platform. Kanibales (Max Uhle) “Grande en Familia” and the Affiliates of Kanibales (Max Uhle) “Grande en Familia” make no warranties as to the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily out of service due to maintenance or for other reasons.
Kanibales (Max Uhle) "Grande en Familia" does not guarantee that the functions or services performed or provided through the Platform (including any update of the Platform) meet its requirements, nor does it guarantee that the operation of the Platform and its updates will be uninterrupted or error-free, or that the defects of the Platform will be corrected.
You agree that Kanibales (Max Uhle) “Grande en Familia” and the Affiliates of Kanibales (Max Uhle) “Grande en Familia” are not liable for damages of any kind, whether based on tort, contract, strict liability or otherwise. manner, including, without limitation, direct, special, indirect, incidental, or punitive damages derived in any way or in relation to: (i) the platform, the content, and / or any MESSAGE; (ii) any error or omission in the technical manipulation or content of the platform; (iii) any action taken in connection with an investigation by Kanibales (Max Uhle) "Grande en Familia", law enforcement, or other authorities regarding your use of the Platform or the Content; (iv) any action taken in relation to with the copyright owners; OR (v) the conduct, actions or inactions of users of the platform or their interactions or relationships with users of the platform, even if Kanibales (Max Uhle) "Grande en Familia" or the Affiliates of Kanibales (Max Uhle) “Grande en Familia” have been informed of the possibility of such damages, caused in whole or in part by negligence, telecommunications failure, theft, destruction or unauthorized access to the Platform or its information.
LINKS TO THIRD PARTY PLATFORMS AND SERVICES
The Platform may provide connectivity or links to other third-party services, websites, payment buttons, applications, software, and other content from third-party providers such as social partners, the media, mobile service providers, banks, and application developers. third party software ("Third Party Services"). The Platform may allow you to add / configure certain third party services on the device. The Platform may also allow you to start your account through Facebook or other social media account. Kanibales (Max Uhle) "Grande en Familia" has no control over this, does not represent or give guarantees of any kind about any of the third-party services that you access, it is not responsible for the availability of said third-party Services, and is not endorsed by or responsible for any content or other materials available on such Third Party Services. Your use of third party services may be subject to additional terms, including software license terms, from such third parties. If you use Third Party Services third parties, you agree that you are aware that the account and other personal information in the hands of those third parties may be transmitted to Kanibales (Max Uhle) "Grande en Familia" and stored on the servers of Kanibales (Max Uhle) "Grande en Familia "You understand and agree that companies that provide third-party services may access, use and share certain information about you, if you use third-party services. You understand and agree that Kanibales (Max Uhle) “Grande en Familia” is not responsible for these companies, or the use of your information. Use of third party services is at your own risk.
ASSIGNMENT
Kanibales (Max Uhle) "Grande en Familia" may assign this contract, in whole or in part, at any time with or without prior notice. You may not assign this contract, or any part of it, to any other person. Anyone Your attempt to do so is void. You may not transfer to any other person, either temporarily or permanently, any right to use all or part of the Platform. To the extent that you allow a third party to use your device, you that will be solely responsible for the use of the Platform by other people who use the device.
GENERAL
By accessing this Platform and / or accepting the information on this Platform, you agree to indemnify, defend and hold Kanibales (Max Uhle) “Grande en Familia” and the Affiliates of Kanibales (Max Uhle) “Grande en Familia” unharmed from and against any actual or presumed claims, lawsuits, causes of action, lawsuits, damages, losses, liabilities and all defense costs and expenses (including reasonable legal fees and court costs) derived from or in relation to: (A) the breach of this Agreement by you; (B) your violation of local, state, federal or international rules or regulations; (C) the claims of a third party that are based on your use of the Platform or the Content; (D) the information or material included or transmitted through your device, computer, or account, even if it is not presented by you; (E) any misrepresentation made by you; (F) any dispute between you and another user of the platform; (G) the theft, misappropriation or disclosure of your password or other account information; (H) your authorization for someone else to use your password. Kanibales (Max Uhle) "Grande en Familia" reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to compensation by you, and you will not be able, in any case, to resolve any matter without the written consent of Kanibales (Max Uhle) “Grande en Familia”.
If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is illegal or unenforceable, that provision will be severed, and the remainder of the Agreement will continue in full force and effect. The failure of Kanibales (Max Uhle) “Grande en Familia” to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By using the Platform, the user accepts that the statutes and laws of Ecuador, without taking into account conflicts of legal principles, will apply to all matters related to the use of the Platform and the Services, and accepts that any litigation It will be subject to the exclusive jurisdiction of the Ecuadorian courts.
You agree that regardless of any statute or law, any claim or cause of action arising out of or related to the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action or it will close forever. You also agree that any dispute, claim and causes of action arising from or in connection with the Platform and / or this contract will be resolved individually, without resorting to any form of class action.
You acknowledge and agree that use of the Platform indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another way, you can contact Kanibales (Max Uhle) “Grande en Familia” at info@kanibales.com to change your communication preferences.
In the event of a complaint or concern regarding this Agreement or the platform, or for more information, please contact Kanibales (Max Uhle) “Grande en Familia” at info@kanibales.com .
Both you and Kanibales (Max Uhle) “Grande en Familia” acknowledge and agree that no association is formed and neither of the two nor Kanibales (Max Uhle) “Grande en Familia” has the power or authority to bind or bind the other . In certain areas of the Platform, you may be given the ability to provide personally identifiable information. Please read the Privacy Policy of Kanibales (Max Uhle) "Big in the Family"; for more information about the collection and use practices of Kanibales (Max Uhle) "Big in the Family". The breach of Kanibales (Max Uhle) “Grande en Familia” with this Agreement due to acts of God or force majeure, such as war, fire, riot, terrorism, earthquakes, the actions of federal, state, territorial governments, or governmental authorities premises, or for any other cause beyond the reasonable control of Kanibales (Max Uhle) “Grande en Familia”, will not be considered a breach of this Agreement. If this Agreement or your permission to use the platform is terminated by Kanibales (Max Uhle) “Grande en Familia” for any reason, the terms of this Agreement will nonetheless continue to apply and be binding on you with respect to your prior use. of this Platform and everything related to or arising from such use If you are not satisfied with this Platform or with this Agreement or the privacy policy, then your only option is to stop using the Platform.