Thank you for using Comidor. The Terms of Use (the “Terms”) govern your access to and use of Comidor, so please carefully read them before using Comidor online services. Comidor is a business operations platform based on Cloud Computing technologies and is offered to the public as Software as a Service (SaaS). By using Comidor you agree to be bound by all Terms. If you are using Comidor on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. If you do not agree to all of these Terms of Use, you may not use Comidor. These Terms of Use may be revised or updated by Comidor SA from time to time and at any time without notice to you. In addition, when you use any of Comidor services you will also be subject to the local, state and union laws, regulations, and rules applicable to the use of these Services.
Comidor online Services
Comidor online Services, as used herein, are offered at www.comidor.com, www.comidor.net, www.comidor.org, and other websites ( the ‘Websites’), or are available through a third party’s server. Comidor online Services shall only be used as specifically provided for in these Terms of Use. Comidor SA may modify or discontinue offering or supporting any or all of Comidor online Services at any time, for any reason, without notice, and without liability to you or any other party.
Use of Products and Services
Comidor SA grants you a limited, non-exclusive, and non-transferable right to use Comidor online Services in accordance with these Terms of Use such that the use shall not violate any provision in these Terms of Use. You must have a valid Comidor account for the duration of your right to use the Services. A valid Comidor account may only be created and maintained by you upon agreeing to these Terms of Use and providing accurate and complete Personal Information in the sign up process. To maintain a valid Comidor account, you must keep your Personal Information updated, regularly assure the accuracy of such information, make timely payment of any fees owed to Comidor SA, and maintain and strictly comply with these Terms of Use. In exchange for the limited, non-exclusive, and non-transferable right to use the Products and Services, you are responsible for maintaining the confidentiality of your Comidor account and password and for restricting access to your computer. You agree to accept complete responsibility for all activities that occur in connection with your Comidor account and password. The use of Comidor online Services requires a certain level of knowledge and familiarity with the Internet and the World Wide Web. It is not the responsibility of Comidor SA to provide free support to you for the use of the Internet, World Wide Web, or Comidor online Services. Only Comidor Services or Modules or Solutions marked as ‘free’ or ‘no charge’ are free or without charge, all other Services or Modules or Solutions are provided for a fee and you are liable to Comidor SA for such fees. Comidor S.A retains the right to request that a free user must convert to a paid subscription by giving proper notice (such as a 30-day notice) that such a change is required. In such an event, Comidor SA retains the right to discontinue accounts that do not upgrade to a paid subscription. Comidor SA retains the right to discontinue free accounts that are not in reasonable use upon similar notice as described before.
Representations and Warranties
You represent and warrant that you shall not assign, grant, grant a security interest in, or transfer Comidor online Services to any third party and that you shall not directly or indirectly enable any third party to use Comidor online Services. You represent and warrant that you shall not use Comidor online Services in connection with any automated device and that Comidor online Services shall only be used through a personal computer under your manual control. Comidor SA represents and warrants that has the title, right, power, interest, and authority to offer Comidor online Services and to grant the limited, non-exclusive, and non-transferable rights herein. Comidor SA further represents and warrants that Comidor online Services are free from any intentionally created security threat.
Disclaimer of Warranties. Limitations of Liability. Indemnification
Notwithstanding the foregoing Representations and Warranties, Comidor SA makes no other representation or warranty with respect to Comidor online Services and specifically disclaims all other representations and warranties, whether express or implied, arising out of or relating to these Terms of Use or Services, including, without limitation, any implied or statutory representation or warranty with respect to the merchantability, fitness for a particular purpose, and non-infringement of Intellectual Property or another proprietary right by Comidor online Services. To the fullest extent permissible by applicable law, Comidor SA expressly disclaims any and all responsibility or liability for the accuracy, availability, content, completeness, legality, operability, or reliability of any data, information, or material in connection with Comidor online Services. Comidor online Services are provided on an ‘as is’ and ‘as available’ basis. You understand and agree that you access, download, or otherwise obtain data, information, and materials from Comidor online Services at your own discretion and risk and that you will be solely responsible for any damage to your computer (or any software or hardware thereof) or any loss of data or information in connection with Comidor online Services. You shall completely indemnify and hold Comidor SA harmless from and against all actions, claims, damages, demands, liabilities, losses, and suits including, but not limited to, reasonable attorneys fees and costs from any and all actions, claims, damages, demands, liabilities, losses, and suits asserted against Comidor SA that may arise or result, directly or indirectly, from your use of Comidor online Services or violation of these Terms of Use. In the event that a court of competent jurisdiction finds that you violated any of these Terms of Use, including the Representations and Warranties made herein, you shall, at Comidor SA’s sole discretion, promptly indemnify Comidor SA for any costs, expenses, or losses, including adequate compensation for any loss of business suffered by Comidor SA, associated with the violation of these Terms of Use. Under no circumstance shall Comidor SA be liable to you or to any third party for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, special, exemplary, or consequential damages. This provision shall apply to prevent the liability of Comidor SA for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages whether such action, claim, or suit is based on contract, negligence, tort, warranty, or otherwise (even if Comidor SA been advised of the possibility of such damages). Such limitation of liability shall apply whether or not the damages arise directly or indirectly from the use or misuse of, or reliance upon, Comidor online Services; from the inability to use the Products and Services, including mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; or from the interruption, suspension, or termination of Comidor online Services. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Acceptable Use and Lawfulness
You shall use Comidor online Services only for lawful purposes. You are prohibited from using Comidor online Services for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, obscene, pornographic, threatening, or tortuous material, or any other material (including links to such material) that Comidor SA deems, in its sole discretion, to be objectionable whether or not such material is unlawful. You agree to defend, indemnify, and hold Comidor SA harmless from any action, claim, or suit resulting, directly or indirectly, from your use (or allowed use by others) of Comidor online Services to disparage, denigrate, or otherwise damage or injure the reputation of any third party. You shall not use Comidor online Services to impersonate, alter the attribution of origin, misidentify or conceal the identity of the sender, recipient, or another person, or to misrepresent authorization to act on behalf of a third party.
Renewals
You agree that Comidor SA shall have the right to renew your license to continue to Use Comidor online Services upon expiration of your then-current license and that as part of such renewal Comidor SA shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for Comidor online Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit Comidor SA the right to automatically renew your license to Use Comidor online Services or your credit card information on file with Comidor SA does not permit automatic renewal, then Comidor SA may terminate your license if you do not otherwise renew your license.
Refunds
By purchasing a license, you acknowledge that you are aware of the opportunity to “try before you buy” by using a free or evaluation Comidor online Services. Comidor SA shall not offer a money-back option for Comidor online or Services.
Termination and Cancellation
Unless superseded by another agreement with Comidor SA, Comidor SA may immediately terminate, at any time and without notice and without penalty, your limited, non-exclusive, and non-transferable right to use the Products and Services upon your breach of any provision of these Terms of Use. Your cancellation of any agreement, whereby you have the right to use Comidor online Services, including your obligation to make timely payment of any amount owed for the right to use Comidor online Services and to adhere to these Terms of Use, shall not be effective until you complete the cancellation process through valid Comidor cancellation process. No method, other than completion of the cancellation process through your Comidor account shall be effective to discontinue your obligation to make timely payment of any amount owed for the right to use Comidor online Services and to adhere to these Terms of Use. Unless and until you have canceled your account, you agree that may automatically invoice or charge the credit card on file for the full amount of each succeeding month‘s subscription, or in the case of an annual subscription, for each succeeding year. If either Comidor SA terminates or you cancel your right to use Comidor online Services, Comidor SA shall have all the legally available rights and privileges to receive any outstanding amount owed by you to Comidor SA. Comidor SA SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF COMIDOR ONLINE SERVICES TO USERS WHO ARE DEEMED BY Comidor SA TO BE USING COMIDOR IN A MANNER NOT REASONABLY INTENDED BY Comidor SA OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH Comidor SA AND THE LICENSE TO USE COMIDOR ONLINE SERVICES
Customer support
Comidor SA may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, Comidor SA may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Comidor SA the right to use these tools and hold Comidor SA harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with Comidor online Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files.
INTELLECTUAL PROPERTY COMPLAINT PROCEDURE
Comidor SA respects all Intellectual Property rights. For that reason, if you believe that your Intellectual Property has been infringed or violated by Comidor SA in any way, please provide Comidor SA with the following information: A description of the material that you allege has been infringed or violated; A copy or specimen of the material that you allege has been infringed or violated; The date of first use and a description of such use of the material that you allege has been infringed or violated; Any application, prosecution, registration, or renewal information in connection with the material that you allege has been infringed or violated; A description of where the material is located that you allege infringes or violates your material; Your full name, current mailing address, telephone number, and e-mail address; A statement by you that you are the true and correct owner of the material that you allege has been infringed or violated, or are the agent of the owner of the material alleged to be infringed or violated; A statement by you that the foregoing information is accurate and complete in all respects; and Your electronic or physical signature, or the electronic or physical signature of the agent authorized to act on behalf of the owner of the material alleged to be infringed or violated. Comidor SA understands that you take your privacy seriously, and this Privacy Policy will detail the Personal Information that is collected by Comidor SA and how this Personal Information is used. This Privacy Policy may be updated by Comidor SA from time to time and at any time without notice to you. Personal Information is information that identifies you or relates to your use of Comidor online Services. Comidor SA collects Personal Information from you that you enter to obtain a valid Comidor SA account or give to Comidor SA in any other way. You can choose not to provide certain Personal Information, but then you may not be able to take advantage of certain features offered by Comidor SA. Comidor SA uses the Personal Information to respond to your requests, customize features, develop new products and services, improve existing Products and Services, communicate with you, or for any other reason. The Personal Information collected by Comidor SA is kept completely private and confidential and is not shared with third parties. Comidor SA shall make no effort to validate any information provided by you. Although Comidor SA does not license or sell your Personal Information to third parties, Comidor SA may disclose your Personal Information as required by law or if Comidor SA has a good faith belief that the disclosure of your Personal Information is reasonably necessary to protect the rights, property, or safety of you, Comidor SA, or another third party. In addition to Personal Information, Comidor SA may collect information and/or track data on your use of the Products and Services. This statistical information and data is used to improve Comidor online Services.
Data protection and ownership
Comidor SA guarantees to Comidor online Services users that they can obtain all the data they have entered on the Comidor platform as a database copy necessary to use these data on a different platform from Comidor or in the same Comidor platform provided as an on-premise installation. In this way, Comidor SA ensures Comidor users the absence of any form of technical or contractual dependency. It allows users to encourage competition if they wish and change supplier at a reasonable cost. Comidor SA also guarantees that the users’ data will never be transmitted to other organizations or other people, except in the exceptional case of an injunction resulting from a court decision. Comidor SA also guarantees that the Customer data are kept separately and so are not mixed with other customer data for maximum security and privacy. Whenever you leave Comidor online services, Comidor SA guarantees that no data of your Comidor instance will be kept by us, either online or offline.
