END USER LICENSE AGREEMENT FOR VIENO MOBILE APPLICATION

TERMS OF USE

November 2016

 

  • INTRODUCTION

This End User License Agreement (“Agreement”) sets forth the legally binding terms of use and conditions (“Terms of Use”) governing a) each User’s (as defined below) use of VIENO mobile application downloaded or otherwise acquired by you (the “App” or “Application”) that is designed to operate on any device you own or control which runs any iOS 7 and newer, Android 4.0 and newer mobile operating system (“Device”) and b) each User’s use of, without limitation, any other software, services, features, content, websites (or other linked pages) or applications (including without limitation mobile and web applications) offered, from time to time, by VIENO in connection with the App (collectively the “Service(s)”).

By using this App, you agree to be bound by the terms and conditions of this Agreement.

You acknowledge that this Agreement is entered into by and between you and Genji Business and Tech PC (“Genji”), a Greek corporation which details can be found in www.vieno.co and/or www.vieno.biz, creator, owner, operator and licensor of the App ( “VIENO”), and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App.

Your use of the App is subject to the present Terms of Use including VIENO’s Privacy Policy. You must also comply with the usage rules established by any Service Providers that apply to your Device (“Usage Rules“). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App, and (iii) the third party from whom you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE APP OFFERED BY VIENO. BY USING THE APP AND THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT DO NOT USE THE APP OR ANY OF ITS SERVICE(S) OR ANY OTHER SERVICE(S) PROVIDED BY VIENO RELATED TO THE APP.

BY AGREEING TO THESE TERMS OF USE YOU ALSO REPRESENT THAT YOU ARE OF THE APPROPRIATE LEGAL AGE TO ENTER INTO SUCH AN AGREEMENT (PLUS EIGHTEEN YEARS OLD) AND THAT YOU HAVE READ, UNDERSTOOD AND IRREVOCABLY AGREE WITH. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT USE THE APP.

Genji Business and Tech PC reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new Users and thirty (30) days after notification (including by posting a notice on the applicable VIENO website) for current Users. Registered Users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.

  • TERMS OF USE
  • INTERPRETATION- DEFINITIONS
    1. The definitions and rules of interpretation in this clause apply in the Terms of Use.

User’s Facebook Account Data: Data that VIENO gets from the User’s Facebook account when first used by the User.

User’s Data: Any data, personal or not, from the User that VIENO gets through the usage of the App in accordance with these Use of Terms and Privacy Policy.

Services: Services provided by VIENO to Users with reference to the App.

Vieno: Is the digital coupon for the free product/service that the User is entitled to redeem by a Business Partner.

User: means any person that downloads and can use the App and the Services, either for himself or on behalf of a third party.

Active User: The user that uses the App and takes part in the procedure to book and/or validate a Vieno

Business Partner: Any business that has created an account with VIENO and been registered to the Services to provide Vienos to Users who are entitled to them according to this present Terms and Conditions of Use.

Business’ Profile: Is the Profile of the Business that appears on the App and contains all details in relation to its location, rating and all policies in relation to a Vieno redeem.  

    1. Clause, schedule and paragraphs headings shall not affect the interpretation of the Terms of Use.
    2. Words in the singular shall include the plural and vica versa.
    3. A reference to one gender shall include a reference to the other genders.
    4. A reference to a statutory provision or statute is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    5. Reference to clauses and schedules are to the clauses and schedules of the Terms of Use; references to paragraphs are to paragraphs of the relevant schedule of the Terms of Use.
    6. Where applicable in this Agreement any reference to User shall also include the Authorized User. 
  • SERVICES
    1. STEPS/PROCEDURE FOR GETTING A VIENO
      1. User downloads and installs the Application for free, from Apple App Store or Google Play, depending on his smart phone/mobile device. By downloading the Application, he accepts the present Terms of Use and he verifies that he is older than at least 18 years old.
      2. When first used, User is asked to connect and log in with his Facebook account or create a profile with a unique username and email. During that process VIENO collects User’s Facebook account data and/or any other data that the User provides.
      3. The User can search through the Business Partners and see their Profile (whether it is active or inactive), in a map or list view and when he finds one that he desires to visit and has available Vienos, he taps the “Get It” button on the Business Partners profile. The Business Partners that appear “active” (have available Vienos) at the User, will be those that have set demographics that coincide with the demographics of the User. E.g. a male user of 25 years old, will see active a Business that at that moment has available Vienos for males aged between 20 and 30 but he will see inactive a Business that has available  Vienos for females aged between 20 and 30. To each User, despite of its demographics, there will be shown as active all the Business Partners that had not set any demographics restrictions (filters) for the Users. The Users can see and search the Businesses both on a map and in the form of a list.

When the User books a Vieno, he warrants that has read and accepted the said Business Partner’s Policy and has the right to redeem a Vieno at the specific Business, of the indicated maximum value, on the same day and until 07.00 α.m of the following day (or until the time that the specific Business closes). The “Booking” of a Vieno by no way means that there is a reservation of a seat, table or any other space in the business and VIENO bears no responsibility if a User is not served by a Business due to lack of space, seats, tables, capacity or any other reasons.

The User visits the specific Business that he has “booked” a Vieno, on the same day and until 07.00 a.m of the following day (or until the time that the specific business closes) and “redeems” his Vieno. The User is obligated to show, to a member of the personnel of the Business Partners, his Vieno coupon on his mobile device before or at the time of his order and NOT after ordering. Then the member of the personnel of the Business Partners has to tap the (Redemption) button on the User’s mobile device as well as the subsequent confirmation message and then proceed into giving the User the Vieno that the User desires. There are indications and meters that the Business Partner can check for the validity of the Vieno coupon both at the user’s mobile and/or in the B2B platform. The services ONLY apply to relevant products that the Business are selling and can only be consumed in the premises of the business or under the supervision of the Business Partner. Thus, a user can redeem its Vieno with the equivalent product or service and can ONLY consume/use it in the business and NOT take it “to go” or delivered.

It is thereby acknowledged and agreed that If the User wants to redeem a Vieno coupon where the coupon has a higher value than the product/service that the User desires (e.g. a Vieno that has a max value of 5€ and the product/service has a value of 4€), the Business does not give back to the User the financial difference (in the example that would be 1€).

2. LIMITATIONS       

      1. In the case that a User makes a Vieno reservation at a business but does not visit it until 07.00 am of the following day to redeem it, then the Vieno is automatically canceled from the part of the User and is returned to the Business Partners. Each Vieno is valid within a 24-hour period, from 07.00 am of one day to 07.00 am of the next day.
      2. The Business Partners has the right to refuse service to a user that has a Vieno, only in accordance to the applicable legislation about denial of service to customers.
      3. A Vieno cannot be redeemed with any product/service that the Business Partner does not offer or specify in the App, unless the Business Partners decides otherwise at the redemption of the Vieno and at the Business Partner’s discretion.
      4. VIENO bears no responsibility and is not obligated to track if businesses issue a receipt for the Vieno that a User will redeem its Vieno coupon for, in the case that it is required by law.
  • USE OF THE SERVICES
    1. VIENO App is designed to provide to Users a chance to have a vieno every day in their region, if there are so available.
    2. Use of the Service(s), requires that User has (a) prior downloaded the App available through the Apple App Store, Google Play Store or other source to his smart-phone, device and (b) has accepted the Terms of Use.
    3. The following shall apply to any use of the Service in connection with the Application:
      1. Both User and VIENO acknowledge that this Agreement is concluded between the User and VIENO only; and not with Apple or Google, and that Apple or Google is not responsible for the Application or the Content;
      2. User acknowledges and agrees that Service Providers are third party beneficiaries of these terms and upon User’s acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against User as a third party beneficiary thereof.
      3. The Use of the Application is licensed to User on a limited, non-exclusive, non-transferrable, non-sub licensable basis. The Application is solely to be used in connection with the Service for User’s private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
      4. This Agreement does not give User any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Genji or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle User to receive any maintenance or support services with respect to the App. 
      5. The license is effective for an indefinite period of time, until VIENO terminates it as per this Agreement.
      6. User will only use the Application in connection with an Apple or Android device that he/she own or control;
      7. User acknowledges and agrees that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
      8. User acknowledges and agrees that VIENO and not Apple or Google, is responsible for addressing any claims he/she or any third party may have in relation to the Application;
      9. User acknowledges and agrees that in the event of any third party claim that the Application, or User’s possession and use of the Application, infringes upon that third party’s intellectual property rights, VIENO and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
      10. Both User and VIENO acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against him/her you as the third party beneficiary hereof.
    4. In cases the User disagrees with the Terms of Use or any of the term herein, should not use the Application and the Service in any way. Any use of the Service by the User implies that the User has irrevocably accepted the Terms of Use and he/she abides and accepts them every time he/she is using the Services.
    5. VIENO reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Site or by sending User an email. Any such change – amendment will be valid from the date it is posted on the site. It is User’s responsibility to check the Terms of Use periodically for changes. User’s continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
    6. Subject to User’s acceptance of the Terms of Use, VIENO will provide the services to the User namely access to App and all software, data, text, images, sounds, video and content made available through the App.
    7. User acknowledges that VIENO may charge a fee for existing features of the Services or future Services (e.g. Additional Services) if those features and/or Additional Services are advertised on the Site as available for purchase (the “Paid Services”) and such fees will be charged in accordance with a relevant clause to be added to this Agreement.
    8. User shall not, and shall not permit the Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of his/her/their use of the Services that: (i)are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitate illegal activity; (iii) depict sexually explicit images; (iv) promote unlawful violence; (v) are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or (vi) cause damage or injury to any person or property.
    9. User shall not, and shall not permit the Authorized Users, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Terms of Use, to:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
      2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
      3. access all or any part of the Services in order to build a product or service which competes with the Services; or
      4. use the Services to provide services to third parties, except where explicitly indicated herein or on the Site; or
      5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except himself or the Authorized User, or
      6. attempt to obtain, or assist third parties in obtaining, access to the Services and/or Data, other than as provided herein.
    10. User shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify VIENO.
    11. By way of example, and not as a limitation, Users and/or Authorized Users shall not:
      1. Use the Services for any other reason but those provided herein;
      2. Transmit any virus in the Software;
      3. Upload any unethical Content and/ or any illegal, defamatory or any threatening data and content.
      4. Use the Services in such a way that may put in danger VIENO and/or its Associates interests and reputation.
      5. Use the Services in such a way that may prevent the Use of the Service form other Users.
      6. Take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
    12. As a condition of use, User shall not use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by VIENO from time to time. The Service (including, without limitation, any Content) is provided only for personal, non-commercial use. Additionally User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on VIENO’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures VIENO may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that he/she receive hereunder.
    13. Any Data provided to VIENO (uploaded in the Application) by the User during the course of his use of the Services, shall be accurate, complete and updated. User is solely responsible for the activity that occurs on his/her account and for maintaining the security of the Application and any information User inputs to the Application. User shall not use or access another user’s account without such other user’s express permission. User will immediately notify Vieno in writing of any unauthorized use of his/her account, or any other account-related security breach of which he is aware. The Service is available only to individuals who are adults, 18 years and older.
    14. Use of Information: If User creates, transmits, submits, displays or otherwise makes available information (including, without limitation, information he has made available while using the Service), he may provide only information that he owns or has the right to use. When User provides access to any such information through the Service, he gives VIENO a license to fully use and exploit that information in connection with providing the Service. However, VIENO may only use the information User provides as permitted by the VIENO’s Privacy Policy, and applicable law. User must review VIENO’s Privacy Policy for more information regarding how VIENO uses and discloses his/her personal information. VIENO’s Privacy Policy is hereby incorporated into these Terms of Use by this reference.
    15. ALCOHOL ADVERTISEMENT: VIENO can and may advertise and/or promote alcoholic drinks through collaborations with the third parties; it does not engages in the sale of any drink. The Service is not intended to be an advertisement for alcoholic and non-alcoholic drinks. VIENO can and may also promote or advertise any of its Clients and or their business, products and or services. All of the above is and/or will be visible and addressed only to users that are eligible and legally able to view or interact with such advertisements or promotions. Thus, the age of the user is information that VIENO collects and uses for that purpose also, and is provided by the user and considered as binding from his behalf and by his own declaration and is the user’s sole responsibility. VIENO bears no responsibility about the validity and truth of that information. VIENO does not promote in any way alcohol consumption or drinking. Always drink responsibly.
    16. User is solely responsible for any decisions or actions he takes based on the information and materials available through the Service. Reliance on any information provided by VIENO or in connection with the Service is solely at User’s own risk.
  • VIENO’S RIGHTS AND OBLIGATIONS
    1. VIENO reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if VIENO is concerned that User may have violated the Terms of Use, or for no reason at all.
    2. VIENO may provide links to, or contact information for, third party sites or services. VIENO is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any club, bar, restaurant, drink, location, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.
    3. VIENO also may enter into business arrangements with third-parties, including Sponsors, which will allow Users to share their personal data with them. Whether to share Users’ personal data with these third-parties will be up to the User. By properly following instructions provided by Vieno and these third-parties, Users will be able to decide whether to share a personal data with these third-parties.
    4. Vieno will use its reasonable endeavors to publish on the Site or notify the User about any planned downtime of the Services, and will use reasonable endeavors to contact the User directly via email to warn him/her prior to suspension or termination of his/her account on the Site.
    5. The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that Vieno is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if he/she has any concerns regarding such links or the content located on such sites. Use of those third-party sites is subject to the terms of use and privacy policies of each site, and Vieno is not responsible therein.
    6. Termination: VIENO may terminate User’s access to all or any part of the Service, with or without warning upon its sole discretion and at any time, if he/she fails to comply with these Terms of Use, or VIENO believes that he/she is breaching any of the Terms of Use or has committed any crime related to the Use of the Application and the Services. Upon such Termination User shall have no right to damages since he/she acknowledges and accepts that VIENO uses mainly automatic means to discover any such breach and non-compliance with the Terms, which are either based on software or third parties allegations.  
    7. Termination of the Services may result in the forfeiture and destruction of all information associated with User’s membership and will immediately terminate his/her ability to use the Service in any way. If User wishes to terminate his/her account, he/she may do so by ceasing the Services (if applicable), and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
    8. Additionally VIENO reserves the right to disrupt or stop temporarily the operation and function of the Application and the Services for technical reasons (upgrading etc.). Is such disruption lasts more than a reasonable period of time; VIENO will notify Users about such disruption with a relevant announcement on the website.
  • USERS RIGHTS AND OBLIGATIONS
    1. User warrants, represents and irrevocably accepts that:
      1. He is older than eighteen years old
      2. The use of the Service is solely at his own risk and that he is the sole responsible for any action and/or omission during the use of the Application and the Service.
      3. The transmission of data is subject to technical limitations and delays possible attributes to the use of Telecommunication Services and related technology.
      4. Any time the Authorized Users are accessing the Services, they have the right and authority to do so.
      5. By accepting the Terms of Use, he and the Authorized User has the right to use the Services and they are bound by the present terms of Use.
      6. He is the sole responsible for the accuracy of the User’s Data and any Content or other data provided by him, and the secure storage of the data.
    2. Users must:
      1. Notify VIENO at no delay at info@vieno.biz of any action and/ or omission that he/she considers to be violation of the Terms of Use of any User/Authorized User and/or any third Party.  
      2. To proceed with any updates in relation to technology used for the operation of the Services.
      3. Users represent and irrevocably declare that they have read and understood the Terms of Use (including the Privacy Policy) and that the Authorized User is aware of the Terms and their obligations during their use of the Services.
  1. INDEMNIFICATION

User shall defend, indemnify, and hold harmless VIENO (the so called “Indemnified Party”), its affiliates and each of its, and its affiliates employees, officers, contractors, directors, agents, suppliers and representatives from all third party liabilities, losses, claims, and expenses, including without limitation reimbursement for reasonable attorneys’ fees, arising out of or related to (i) his/her breach or alleged breach of these Terms of Use, (ii) failure to comply with his/her obligations under these Terms of Use (iii) use or misuse of, or access to, the Service, or (iv) his/her violation of any applicable law, contract, policy, regulation or other obligation, (v) his/her violation of any person’s data (personal or not)  and rights including intellectual property rights, (vi) infringement or misappropriation of VIENO’s IP Right. VIENOS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will assist and cooperate with VIENOS in connection therewith.

  • WARRANTIES – DISCLAIMERS
    1. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
    2. VIENO AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE WILL BE PROVIDED WITHOUT ANY DELAY, UNINTERUPTED, VIRUS OR ERROR FREE TIMELY AND SECURE (C) DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE TRANSFER OF DATA WILL BE WITOUT DELAYS, ERRORS.   
    3. IN ADDITION VIENO DOEAS NOT WARRANT THAT: (Α) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS; OR (B) THAT THE SERVICE IS EFFICIENT FOR THE PURPOSE OF USE; (C) ALL USERS INCLUDING ANY AUTHORISED USER WILL USE THE SERVICE PROPERLY AND IN LINE WITH THE TERMS OF USE.
    4. VIENO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FOR THE TEANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, WHEREAS USER AKNOWLEDGES THAT THE SERVICE AND ANY DATA UPLOADED BY HIM/HER MAY BE SUBJECT TO LIMITATIONS DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICARTIONS.
    5. NO ADVICE OR INFORMATION OBTAINED BY THE SERVICE SHALL CREATE ANY WARRANTY.
  • LIMITATION OF VIENO’S LIABILITY
    1. IN ADDITION TO ANY PROVISION TO THIS REGARD HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIENO (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE TO THE USER AND ANY THIRD PARTY RELATED TO THE USER, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR USER’S RELIANCE ON THE SERVICE (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF VIENO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
    2. IN ADDITION VIENO SHALL NOT BE LIABLE FOR ANY KIND OF LOSS OR DAMAGE USER MAY SUFFER (A) DUE TO LOSS OR DAMAGE TO ANY OF USER’S DATA OR PERSONAL RECORD AND SUCH LOSS IS ATTRIBUTED TO TECHNICAL ERRORS, DELAYS OR OMISSIONS OF THE TELECOMMUNICATIONS NETWORKS (B) DUE TO MISCONDUCT AND MUSSUSE OF THE SERVICE BY ANY AYTHORISED USER AND/OR ANY THORD PARTY AND OR ANY BREACH OF APPLICABLE LAWS BY ANY SUCH PARTY, (C) DUE TO ANY EVENT, SITUATION, ACTION OR OMISSION FOR WHICH VIENO HAS PROVIDED NO GUARANTIES.  
    3. VIENO ASSUMES NO LIABILITY FOR ANY DAMAGE SUFFERED BY THE USER INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS. NONDELIVERIES, ERRORS, SYSTEMS DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, SERVICE INTERRUPTIONS, CAUSED BY THE NEGLIGENCE OF VIENO, USERS OWN ERRORS, AND/OR OMISSIONS.
  • DATA AND PRIVACY
    1. User shall own all rights, title and interest in and to the entire User’s Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of their Data.
    2. VIENO will store all application and User data collected and needed for its proper operation, on the device and on the service platform until User delete his profile.
    3. Upon cancellation or termination of the Services, part of the User’s data will be deleted such as Name etc. App usage, performance, statistical and general characteristics as age and gender will be kept anonymously as aggregated data. Everything else of the User’s Data will be deleted from Vieno’s records.
    4. User accept that the technical processing and transmission of the Service and the User’s Data may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
    5. Vieno will, in providing the Services, comply with its Privacy Policy relating to the privacy and security of the User’s Data
    6. User acknowledge and agree that the personal data may be transferred or stored outside the country in order to carry out the Services under the Terms of Service;
    7. The information and Data that the App collects may be stored locally on User’s Device and may be transmitted to Vieno’s servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where Vieno, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Vieno uses many tools to help protect Users’ personal information against unauthorized access and disclosure. However, does not guarantee that User’s personal information or private communications will always remain private when using the App.
    8. User can access and change his/her settings for the App from the options/settings menu on his Device. Uninstallation methods vary depending on User’s Device. To uninstall the App, User shall consult his Device manual.
  • INTELLECTUAL PROPERTY RIGHTS & PROPRIETARY RIGHTS
    1. Intellectual Property Rights: As between the Parties, VIENO owns and will retain all right, title and interest in and to each of the Services and API specifications and to the source and object code of any software or application (in each case, including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes and know-how contained therein, all modifications, updates, enhancements and derivative works thereof, all documentation and manuals related thereto and all other aspects of such technology), the name VIENO and/or any derivatives thereof, and any other trademarks and logos which are owned or controlled by VIENO and made available to User through the Services or otherwise hereunder, and all intellectual property and proprietary rights in and to all of the foregoing.  As between the Parties, VIENO owns and will retain all right, title and interest in and to its intellectual property, including all software and technologies related thereto, and any modifications, updates, enhancements and derivative works thereof.
  • SUPPORT

VIENO offers email-based and online support tools. User may access support resources or contact VIENO’s support by email at info@vieno.biz and admin@vieno.biz. VIENO does not make any promises regarding how quickly VIENO will respond to User’s request for support, or that will be able to fix any problems Users may be having. Any suggestions by VIENO regarding use of the Services shall not be construed as a warranty.

  • ADVERTISEMENTS – THIRD PARTY INFORMATION AND MATERIAL

VIENO has no control over and accept no responsibility for the content of any website, advertisement, or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites, advertisements and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. VIENO does not provide any endorsement or recommendation of any third party website, advertisement or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites, advertisements and mobile applications will apply to User’s use of those websites, advertisements and mobile applications and any orders User make for goods and services via such websites, advertisements and mobile applications. For any queries, concerns or complaints about such third party websites, advertisements, or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) Users must direct them to the operator of that third party website or mobile application.

  • FORCE MAJURE

VIENO shall have no liability to the User under the Terms of Use if it is prevented from or delayed in performing its obligations under the Terms of Use or from carrying on its business, by acts, events, omissions or accidents beyond VIENO reasonable control, including without limitation strikes, failure of a utility service or transport or telecommunications network, act of God, war, riot malicious damage, or default of suppliers or sub-contractors.

  • NO PARTNERSHIP AGREEMENT

Nothing in this Terms of Use is intended to or shall operate to create a partnership between the parties or authorizes any party to act as agent for the other and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.

  • ENTIRE AGREEMENT – AMENDMENTS

The Terms of Use constitute the full and whole expression of the agreement of the parties and supersede any other agreement, obligation, contract, written or oral between VIENO and the User.

  • WAIVER

The failure of a Party to exercise any right or remedy under this Agreement or enforce strict performance of any right by virtue of this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter. If any part of this Agreement by any reason becomes invalid, illegal or unenforceable to any extent, this term will not affect any other provision of this Agreement or any other Agreement.

  • ASSIGNMENTS

User has no right to assign any right and/or obligation derived from this Agreement to any third party without VIENO’s prior written consent. In case any such assignment takes place contrary to this provision, it is acknowledged and agreed that the User remains the sole liable to VIENO.  

  • NOTIFICATIONS

Any notice or communication (including change of addresses, phone numbers, fax numbers etc) required either by law or pursuant to this Agreement, shall be in writing.

  • APPLICABLE LAW – JURISDICTION
    1. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable.
    2. This Agreement shall be governed by and construed in accordance with the Greek Law and each party hereby irrevocably submits to the jurisdiction of the Courts of Athens.
PRIVACY POLICY OF VIENO
Last Updated: September, 2016

This Privacy Policy (“Privacy Policy”) explains how VIENO! General Partnership, (“VIENO,” “us,” “our,” and “we”), collects, stores, discloses and uses your information (either personal or non- personal/identifiable data) and applies to all who visit our Web site, (“Site”) use the Services, and win a Vieno, regardless the device he/she is using for accessing the Web site and the Application (“App”).

Please read this Privacy Policy carefully and review it periodically for the latest information about our privacy practices. By using the Site, our Services or use VIENO, you agree to the terms of this Privacy Policy. If you do not agree with the practices described in this Privacy Policy, please do not interact with the Site and/or the App and or its products, the vienos. By using the VIENO App and or redeeming a Vieno coupon you accept a) our Privacy Policy and Terms of Use and therefore you consent to our collection, storage, use and disclosure of your personal and non-personal information as described in this Privacy Policy and b) the Business Partners’ Privacy Policy and Terms of Vienos as posted on their (Business’) Profile. We remind you that you have accessed our App from a third party Social Networking Site (“SNS”), namely Facebook, so you have already accepted Facebook Privacy Policy.

We will routinely update this Privacy Policy to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site and/or the App and/or the Services. You can determine when this Privacy Policy was last revised by referring to the date it was “Last Updated” above.

Our Privacy Policy describes:

  • the information We collect, how We do so and the purposes of our collection
  • how We use and with whom We share such information
  • how you can access and update such information
  • the choices you can make about how We collect, use and share your information
  • how We protect the information We store about you

If you have questions regarding this Privacy Policy or our collection and use of information, please contact us at info@vieno.biz

  • INFORMATION WE COLLECT
    1. Information we collect from Facebook directly

When you first use the App, you access by logging in/signing up by creating a a profile with username and email or through Facebook (though your Facebook account) where our Services may also be referred to as “applications”. By doing so, you allow VIENO to access certain information from your Facebook profile. The information you allow VIENO to access, when you first use the App (and any subsequent time) is affected by the privacy settings you and your friends establish at Facebook. You can control and find out more about these settings at Facebook. For example, VIENO may access and store some or all of the following information, as allowed by you, Facebook and your preferences:

  • your first and last name
  • your profile picture or its URL
  • your user ID number, which is linked to publicly available information such as name and profile photo
  • the user ID numbers and other public data for your friends
  • the login e-mail you provided to Facebook when you registered
  • your physical location and that of your access devices
  • your gender
  • your birthday

(‘Data”)

By using the App, you are authorizing VIENO to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed Facebook could provide to us through the Facebook Application Programming Interface (“API”). These data are stored on our servers and we do not need to collect them any time you access and use the App and the Services.

    1. Information We Receive or Collect When You Access the App on a Mobile Device

If you use the App on your mobile telephone or other mobile device, including iPads and tablets, We collect mobile device identifiers, including MAC Address, and IP Address. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, character name, geo-location or e-mail address.

When you access the App, We collect usage statistics about your interactions with the Service. More indicatively we collect: Day and time of connection to the App, gender, age, number of Vienos, Businesses you visit, email, location of usage, type and model of mobile device, Business Partners’ profiles you visited, Vienos you have redeemed and those you have not, time of redemption, Business of redemption and day and time.

  • HOW WE COLLECT YOUR DATA AND NON – IDENTIFIABLE DATA ABOUT YOU
    1. Cookies and Automated Information Collection

When you access the App, We collect certain technical information in order to (i) analyze the usage of our App and Services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the vienos you book and redeem. In some cases, We will associate this information with your user ID number for our internal use.

You can set your web browser to warn you about attempts to place cookies on your mobile or limit the type of cookies you allow. If you disable cookies, you may lose some of the features and functionality of the Services as VIENOs cookies are necessary to track and enhance your activities and usage of the App and the Vienos. Please note that companies delivering advertisements on the App may also use cookies or other technologies, and those practices are subject to their own policies.

(Information collected by virtue of Section 2 and 3 herein above are collectively referred to (“non -Personal Identifiable Information” or “non- PII”)

  • USE OF DATA
    1. We use the data and information collected by you as follows:
  • To operate, maintain and improve the App, and the Services;
  • Provide you with personalized adds and offers for products and services from us and participating Business Partners;
  • Facilitate and fulfill Vienos distributed on the App;
  • Post on your Facebook timeline the Vienos you won and redeemed through the Service;
  • Evaluate your eligibility for certain types of Vienos, products or services that may be of interest to you, and analyze advertising effectiveness;
  • Answer your questions and respond to your requests;
  • Perform analytics and conduct customer research;
  • Communicate and provide additional information that may be of interest to you about the App, Services, Vienos and Business Partners sometimes by combining your information with information from Other Sources;
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Business Partners;
  • Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or Business Partners;
  • Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law;
  • Legal issues about the User any other that issue that may arise
  • Enhance other information we have about you directly to help us better understand you and determine your interests.
    1. We also may use information collected as described in this Privacy Policy with your consent or as otherwise required or permitted by law
  1. WHEN AND WHY VIENO DISCLOSES INFORMATION
    1. We (or our Vendors on our behalf) may share your Data and non -Personal Information as required or permitted by law with:
      1. Third Party Service Providers: We will provide your data and/or non PII to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the data and PII disclosed to them and to not use your data /information for any purpose other than to provide services on Our behalf.
      2. Facebook Friends: For every Vieno you redeem, you can share or post that action and information with your Facebook friends, who will see your name, profile photo and descriptions of your Vienos and the Business Partners you have redeemed the Vieno.  Also the App gives you the opportunity to check-in at the Business Partner when you are the location.
      3. Third Party for Advertising Products and Services: We do not actively share personal information with third party advertisers for their direct marketing purposes unless you give Us your consent. We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile device IDs) to develop and deliver targeted advertising in the Service and on the websites of third parties. We may also allow advertisers to collect these and similar types of information within the Service and they may share it with Us and/or use it for advertising. Advertisers may collect this information through the use of a variety of tracking technologies, including without limitation, like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.
      4. Any of Our Affiliates who may only use the Personal Information for the purposes described in this Privacy Policy;
      5. Our Vendors to provide services for us and who are required to protect your data and Information;
      6. Relevant Business Partners for the provision and offer or vienos;
      7. Whom we jointly offer products and services;
    2. We share your information for the purposed described herein:
      1. to facilitate a direct relationship with you, including in connection with any program we administer on behalf of the Business Partner;
      2. to enable electronic communications with you as part of purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate;
      3. to the extent you have purchased or redeemed goods or services offered by a Business Partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through Vieno on behalf of that Business Partner;
      4. to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
      5. to combat fraud or criminal activity, and to protect our rights or those of our Affiliates, users, and Business Partners, or as part of legal proceedings affecting Vieno;
      6. in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in Greece and other countries where we operate; or
      7. with your consent.
    3. We encourage Business Partners to adopt and post privacy policies. However, their use of your Data and non PII obtained through Us is governed by their privacy policies and is not subject to our control.
    4. We may also disclose Non-Identifiable Information:
      1. for the same reasons we might share Personal Information;
      2. with Business Partners for their own analysis and research;
      3. to facilitate targeted content and ads; or
      4. with Third-Party Ad-Servers to place our ads and/or ads of our merchants or Business Partners on the Site and on third-party sites, and to analyze the effectiveness of those ads.
    5. Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.
  1. Safety, Security and Compliance with Law

Your information, may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of VIENO, including to enforce our Terms of Use.

We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access

  1. Sale or Merger

In the event that We undergo a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including data and personal information, to the successor organization in such transition. If material changes to VIENO’s privacy practices will occur as a result of the business transition, We will notify you and other users of the business transition prior to transferring your personal information.

  1. Connecting through Social Networks

Since you use the App’s social network connection functions, you will first be asked to enter your social network credentials so as to register and join VIENO. Once you enter VIENO and connect with the social network, you will be able to automatically post recent VIENO activity back to your social network if you wish so. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.

By proceeding through any of the above steps, you grant VIENO permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Statement.

  • Privacy Policies of Linked Sites and Advertisers

Our Site may contain advertisements from companies other than VIENO that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.

  • Accessing and Correcting Personal Information

You can access, update and delete your Personal Data, and the other information you provided to us in your profile by sending us an email at info@vieno.biz. Keeping your Personal Information current helps ensure that we, our Affiliates and Business Partners offer you VIENO that are most relevant to you.

If you have other questions or requests, please contact us. While we are ready to assist you in managing your data, and removing your active Facebook profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous Deals on the Site for financial reporting and compliance reasons.

We will retain your Personal Information for as long as needed to provide you services and to maintain a record of your transactions for purposes referred to herein. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services contact us at info@Vieno.biz. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.