Terms and conditions
General conditions of use
1. These General Conditions of Use (henceforth GCU) apply to all services provided by Lavinci Portugal, Unipessoal Lda. through its internet platform www.Vincitables.com (henceforth Vincitables platform). Its purpose is to regulate access to said platform and its use. Lavinci Portugal, Unipessoal Lda. is a company under Portuguese law, with the collective person identification number 507 787 900, headquartered at Rua do Carmo, 15, 3º DTO, 1200-093 Lisbon, (henceforth Lavinci).
2. For the purposes of these GCU, the coming terms or names will mean the following.
2.1 Vincitables Platform - an online platform available at the domain www.Vincitables.com, owned solely by Lavinci, which allows its users to access integrated management tools specially developed for the restaurant business.
2.2 Customer – person, either individual or collective, owner or manager of a restaurant, under whose name the Vincitables account is created and who subscribes to the services of the Vincitables Platform.
2.3 User – any person who acts for and under the name of a Customer to whom an access login to the Vincitables Platform has been given, to use accordingly to the profile they have been granted, such as "Host," "Head Host," "Manager" or "Administrator."
2.4 Host – a user who is only allowed to view reservations. The Host can only view the restaurant to which they belong and has no other access to any type of settings, reports or creation of new users.
2.5 Head Host – a user only allowed to create, change and insert reservations and manage customers. The Head Host can only view the restaurant to which they belong and has no other access to any type of settings, reports or creation of new users.
2.6 Manager – a user allowed to create, change and insert reservations, manage customers, partners and contacts, set up opening and closing times and corresponding exceptions, set up promotions and table arrangements, and set up the widget's settings for their restaurant. The Manager can only view the restaurant to which they belong, and they are not allowed to view reports or edit or create new users.
2.7 Administrator – has unlimited access to all the settings of the Customer account and all the restaurants included in that account.
2.8 Registration Form – a form available at the Vincitables Platform meant for inserting the necessary data for creating the Vincitables account.
2.9 Vincitables Account – an account linked to a Customer that can include one or more restaurants. The management tools of the Vincitables Platform are made available through this account that also contains the online record of the information of each registered Customer and each Vincitables restaurant.
2.10. Vincitables Widget – a widget that's customizable by the User, which allows the Customer's Restaurant(s) to accept reservations by the final customer through the Restaurant's website.
3. The Vincitables platform, available at www.Vincitables.com, owned solely by Lavinci, Unipessoal Lda., provides its Customers with a specific app for the restaurant business, according to their choice and payment of one of the annual subscription options. This app allows the Customer to use complementary integrated sales management, operation control and communication tools.
4. The Vincitables Platform was specially tailored to serve restaurant owners or managers of restaurants.
5. The Customers, by registering at the Vincitables Platform, explicitly and unconditionally accept these GCU and the Terms and Conditions of Service.
7. These GCU and the Terms and Conditions of Service revoke any previous agreement, communication or understanding between the parties before service subscription.
II. Eligibility and Subscription
1. Registry on the Vincitables Platform is only allowed to Users who are of legal age and explicitly accept these GCU and the Terms and Conditions of Service of the Vincitables Platform under the Customer's name.
2. Should the Customer/User not accept these CGU and the Terms and Conditions of Service, they must immediately abandon the Vincitables Platform.
3. De facto use of the Vincitables platform is considered acceptance of the General Terms and Conditions of Use and the Terms and Conditions of Service of the Vincitables Platform.
4. All the Customers/Users must carefully read these General Conditions of Use and the Terms and Conditions of Service of the Vincitables Platform and are authorized to save or print them if they wish to do so.
5. Customer registry is done either through direct contact with Lavinci, by filling out and sending the Contact Form available at the Vincitables Platform, or by filling out and sending the Online Registration Form also available at the Vincitables Platform.
6. On the contact and registration forms (fields "SUBSCRIBE" and "I WOULD LIKE TO SUBSCRIBE"), the Customer will be requested to give the following valid information: name, e-mail address, phone number, fiscal address and tax identification number.
7. For their subscription to be considered valid, the Customer must also choose and confirm their access code.
8. The data provided will be included in a database, property of Lavinci, who may use it according to the general data protection regulation.
9. By subscribing to the Vincitables Platform and providing the requested information for registration purposes, the Customer declares that the data provided is accurate.
10. In case the Customer provides wrong, incorrect or false information, Lavinci reserves the right to immediately eliminate the Customer from the Vincitables Platform without any prior notice. Furthermore, it equally reserves the right to demand any consequential responsibilities from the false declarations provided while subscribing to the Vincitables Platform, with further right to resort to the legal means necessary for establishing any civil or criminal responsibility that may ensue.
III. Cancellation of Registration
1. The relationship established between Lavinci and the Customers in the scope of the service provision at the Vincitables Platform will last for an undetermined period.
2. Notwithstanding the aforementioned, a Customer's account may be freely cancelled by them at any time, without any right to reimbursement, full or partial, of any amount paid for the subscription of any service.
4. After completing the cancellation process, a confirmation of cancellation e-mail will be sent to the Customer. From that moment, the holder loses all rights given by these GCU and the Terms and Conditions of Service.
IV. Industrial and Intellectual Property Rights
1. Customers and Users of the Vincitables Platform explicitly acknowledge that all the content available at the site belongs to Lavinci Portugal, Unipessoal, Lda., or to its partners and affiliates. They further recognize that they are not, in any way, acquiring any type of rights over these by registering at the Platform or using it.
2. Customers and Users recognize "Vincitables" as a registered brand solely held by Lavinci Portugal, Unipessoal Lda. They further acknowledge that its use, copy or usurpation of any kind or any type of use not authorized by its holder is explicitly prohibited. They also recognize that registering at the Platform or using it does not grant them any of the aforementioned rights..
3. The entire Vincitables Platform (text, images, brands, graphics, logos, colour combinations, structure, selection, arrangement and layout of content codes, fonts and subject) are owned solely by Lavinci or by third parties identified at the website. Equally, its copy, distribution and/or public communication is totally prohibited.
4. The domain name www.Vincitables.com is exclusively owned by Lavinci Portugal, Unipessoal Lda. Its use is prohibited to all other persons, either individual or collective.
5. The undue and unauthorized use of the domain name mentioned in the previous number constitutes a severe violation of the rights of the party responsible for the Platform, warranting judicial prosecution against the offenders.
6. The content, texts, pictures, drawings, images, logos, and generally any intellectual creation on the site/platform and the site/platform itself, as a multimedia piece, are protected by author rights under the current law. Its copy, unauthorized reproduction or any type of usurpation is totally prohibited.
V. Personal Data
1. The personal data provided by a Customer or User for registration and access to the Vincitables platform, including the Administrators Users' data and that of all for whom singular accesses were created, will be included in an automated database under the processing responsibility of Lavinci.
2. All Customers and Users who register at the Platform are explicitly authorizing Lavinci Portugal, Unipessoal Lda. to process their data. Lavinci Portugal, Unipessoal Lda. will only use this data to the same ends identified in these GCU and the Terms and Conditions of Service.
3. The Customers and Users who register at the Platform guarantee that the data provided is genuine and exact.
4. The collection and storage of personal data by Lavinci Portugal, Unipessoal Lda. are subject to the data protection laws, namely the General Data Protection Regulation – Regulation no. 2016/679 of the European Parliament and Council, of April 27, 2016 (GDPR). Lavinci Portugal, Unipessoal Lda. may sub-hire other entities to process personal data.
5. The personal data requested and provided may also be used in marketing initiatives promoted by Lavinci Portugal, Unipessoal Lda.
6. Lavinci Portugal, Unipessoal Lda. may also use the data provided by the Customers and Users who register and access the Vincitables Platform to extract information about the products and services.
7. Each Customer's and/or User's personal data will not be used to any ends other than those mentioned above.
8. Should they do not consent to the processing of personal data, the Customer and/or User will not be able to register at or access the Vincitables Platform.
9. Notwithstanding this Clause, the data provided will be processed according to the general data protection regulation provisions.
1. To the fullest extent allowed by the applicable law, Lavinci Portugal, Unipessoal Lda. does not accept any responsibility for possible loss or entry of damaged, incomplete or incorrect data due to electronic mail problems and/or malfunctioning of the Vincitables Platform.
2. Lavinci Portugal, Unipessoal Lda. has the right to block or delete the account of any Customer whenever there is cause for suspicion of incorrect or undue processing of data. The same applies in cases where a formal and reasonably based complaint proving the violation of their legitimate rights is presented by a third party.
3. Lavinci Portugal, Unipessoal Lda. cannot be held accountable by any technical failures or anomalies of internet or telephone service providers, online computer systems, servers or providers, computer devices, software, e-mail service or content reader failures due to technical problems or Internet or webpage traffic congestion, or a combination of both. This includes harm or damage to the Customer's and/or User's computer or any other person's or Company's computer.
4. Lavinci Portugal, Unipessoal Lda. has the right to cease, deny or terminate the service to any Customer in case it considers, unilaterally, that the Customer and/or User uses or plans to use the Vincitables Platform in an illegal, abusive, or otherwise unaccepted manner under the terms of these GCU or under the Terms and Conditions of Service.
5. Under no circumstance may Lavinci Portugal, Unipessoal Lda. be held accountable by its Customers and Users or any other entity for any direct, indirect, accidental or consequential damage, either as a result of the Contract, a guarantee or extra-contract (including negligence or strict responsibility) or any other responsibility.
1. As allowed under the applicable law, the services rendered by the Vincitables Platform are provided "as is" and "as available," and Lavinci Portugal, Unipessoal Lda. explicitly rejects any guarantees or conditions of any kind, explicit or implicit, including, but not exclusively, guarantees or conditions of operation, adequacy to a given end, rights, private use, exacting or non-infraction.
2. Equally, Lavinci Portugal Unipessoal Lda. does not guarantee or promise: 2.1 Specific results from use of the Vincitables Platform; 2.2 That the services will satisfy the demands or expectations of the Customers; 2.3 That the services will be available continuously, on time, or error-free.
3. Lavinci Portugal, Unipessoal Lda. does not accept any duty of supervision of activities on the platform.
VIII. Alterations to the General Conditions
1. Lavinci may alter these General Conditions of Use at any time and must, to that end: (a publish a revised version of this document at the Vincitables Platform; b) and/or send information to its Customers about the new General Conditions of Use. Therefore, it's the Customer's responsibility to regularly consult this document and maintain their e-mail contact, which Lavinci Portugal, Unipessoal Lda. will use to contact them.
2. The revised General Conditions of Use are considered accepted by the Customers/Users should these continue to use the platform after the new General Conditions of Use are published and have been communicated.
IX. Contact us
X. General Provisions
1. This Contract includes all the written and oral communications and defines all the agreements between the parts relative to the Vincitables Platform.
2. In case any part of this agreement is considered illegal, null or ineffective, the remaining provisions should remain in full effect and force. The illegal, invalid or ineffective disposition should be understood, as precisely as possible, in a way that reflects the intentions of the parties.
3. All the notifications under this agreement should be written and delivered by e-mail.
4. The GCU and the Terms and Conditions of Service of the Vincitables Platform and the relationships established between Lavinci Portugal, Unipessoal Lda. and the Customers are guided by the applicable Portuguese law.
5. Any litigation that may arise between Lavinci and the Customers/Users of the Vincitables Platform will be submitted to Tribunal da Comarca de Lisboa, with explicit exclusion of any other.
6. The commercial brands, logos, and service brands featured at the Vincitables Platform and all the website's content as a multimedia piece are exclusively owned by Lavinci, Unipessoal Lda. or by third parties. Use of these brands is not allowed without prior and written consent from LaVinci Portugal, Lda. or third parties who may hold rights over said brands.
Terms and conditions of service
1. These terms and conditions of service provision (henceforth TCS) regulate the contracting either online or through direct contact with Lavinci, of the services offered to the Customers who own or operate Restaurants through the website www.Vincitables.com. The website is owned solely by Lavinci Portugal, Unipessoal Lda., a company under Portuguese law, with the collective person identification number 507 787 900, headquartered at Rua do Carmo, 15 – 3º DTO, 1200-093 Lisbon, henceforth Lavinci.
2. The individual who registers at the Vincitables Platform takes on complete responsibility for contracting as mentioned above, explicitly accepting and recognizing they hold all the powers of representation necessary to bind the Customer. Should the person who registered the Customer at the Vincitables Platform not have the power required to represent and bind them as such, the contracting of services is, for all effects and purposes, considered to have been established with the individual who will assume all rights and obligations arising from the TCS.
II. Services Rendered
1. Lavinci, through its Vincitables Platform, seeks to make management of the Customer's restaurant(s) more straightforward and efficient by providing tools specially developed for the areas of commercial management, operations control and communications.
2.The management tools allow the restaurant to perfect and optimize its reservations management while developing and boosting its CRM (Customer Relationship Management) by giving the Customer more opportunities for optimization, such as access to cross-selling widgets and integration with the POS of partner entities.
3. The operation control tools allow for integrated and efficient management of the room through adapted planning, exacting management of waiting lists, walk-in control and give-ups, and simultaneously, a complete follow-up of the experience of the consumer customer.
4. Communication tools include the use and set up of the Vincitables Widget.
5. In this manner, Lavinci will be responsible for providing the following services to the Customers who subscribe, validly, at the Vincitables Platform, according to the package they've subscribed to and any extra features that were added:
5.1 Provide access interface to the Vincitables Platform;
5.2 Guarantee the integrity and good functioning of the Vincitables Platform in all its scope and features, according to the retained plan and service.
5.3 Provide the use of additional tools such as cross-selling widgets and API keys for integration with the POS of partner companies with whom Vincitables develops or will potentially develop integration between softwares.
1. To retain the services provided at the Vincitables Platform, the Customer must first register at the Platform's website – www.Vincitables.com and/or access it using the login data provided by Lavinci.
2. For this purpose, the Customer must access the links "SUBSCRIBE" or "I WOULD LIKE TO SUBSCRIBE" provided at the website mentioned above, fill in the contact or online registration form with all the data requested and follow the instructions.
3. For the correct and complete fulfilment of the registration form at the Vincitables Platform, the Customer commits to providing all the data requested by Lavinci.
4. After registration and account activation, the Customer/User may log in to the Vincitables Platform by typing in their e-mail and inserting the corresponding access password. The site access password is personal and non-transferable, and its transfer or handover to third parties is not allowed. The Customer accepts and recognizes they are responsible, individually, for using and safekeeping their password.
5. Lavinci is not responsible for the use of the account or for its illegal usurping by third parties.
1. From the moment the online account is active, the Vincitables Platform allows the Customer, through its Users, to start using the management tools provided in the scope of the plan that was retained.
2. By activating their Vincitables account, the Customer may also define and create new users and manage the corresponding accesses by filling in the appropriate online form available on the "users" menu.
IV. Exclusion of Responsibility
1. The Customer recognizes and accepts that Lavinci does not guarantee or take on any responsibility for how the Customer and/or the Users use the tools provided, nor for any outcomes in the restaurants' management or commercial performance.
2. The Customer recognizes and accepts that Lavinci does not guarantee or take on any responsibility for the authenticity of the data or any other information given by the Users or by the consumer customers.
1. Registration on the Vincitables platform depends on the choice and subscription of one of the plans available, and the Customer may choose an annual, semestral, trimestral or monthly subscription of the Vincitables service;
2. The price of each plan will be the set price in force at the time of subscription as advertised at the Vincitables Platform;
3. The paragraph above does not exclude the application of promotions, discounts or trial periods by Lavinci under the terms and conditions established at the Vincitables Platform.
4. Payment of the subscription to the plan is due in full immediately after submitting the request, and the services will be active upon payment confirmation.
5. With the plans aforementioned, the Customer may also subscribe to the following optional services after payment of the additional cost, which will be defined accordingly, such as:
- 1. Account setup (setting up restaurants at the Vincitables Platform);
- 2. Training session;
- 3. Mailing;
- 4. SMSing;
- 5. Consumer customers online payments;
6. The payments mentioned above (except the service "online payments of consumer costumers" to which the below provision 10 applies) can be completed through bank transfer to the NIB 0010 0000 3728 164 000 167 or by ATM payment using the MB references sent to the User's contact e-mail;
7. Should the purchased plan become insufficient, the User will be given the option to immediately upgrade to one of the superior plans by paying the remaining amount to the corresponding price under the terms of provision number 6.
8. To avoid service disconnection by reaching the plan's maximum number of reservations beforehand, the Customer may receive alert e-mails so that they can, if they wish to do so, subscribe to an upgraded plan before their account is disconnected.
9. The User may also receive alert e-mails whenever their subscription's deadline period is approaching.
10. If the Customer has subscribed to the additional service of online payment of the consumer customers, the applicable commissions and further commercial conditions in force will apply according to the "Online Payments" price table.
1. The duration of the relationship between Lavinci and the Customer will be undetermined.
2. Notwithstanding the aforementioned, the Customer account may be cancelled at any time.
4. After the cancellation process, a cancellation confirmation e-mail will be sent to the Customer's account. From that moment forward, the contractual relationship between Lavinci and the User is considered terminated for all legal effects and purposes.
5. The cessation of the contractual relationship between Lavinci and the Customer does not entitle the Customer to any reimbursement, total or partial, of any amounts paid.
6. In case the Customer request data to migrate to other platform, Lavinci will only provide the requested data if there are no pending payments from the Customer.
VII. Change of Conditions
1. Lavinci has the right to change, at any time, without prior notice, the image, layout and/or the content of the Vincitables Platform, as well as these TCS.
2. In such cases, Lavinci will try to provide, at the Vincitables Platform, all the documents containing their updated versions, and these will be available for online reading.
3. The Customers/Users must read these documents attentively when accessing the Vincitables platform and do so often.
4. Reading and prior acceptance of the TCS and the GCU are essential for registration and subscription to any services available at the Vincitables Platform.
1. These TCS replace any other agreements or contracts, oral or written, which both parties may have agreed to before service subscription, notwithstanding the particular conditions that may come to be negotiated by the parties to the detriment of the TCS.
2. Any changes to these TCS will have to be made in writing and commonly agreed to between Lavinci and the Customer.
IX. Transfer of Rights and Obligations of sub-hiring
1. Users may not give and/or transfer the rights and obligations included in these TCS.
2. Lavinci has the right to give and/or transfer freely, at any time and without the Customers' authorization, the relative rights and obligations in these TCS.
3. Lavinci also has the right to sub-hire other persons, either singular or collective, to fulfil the obligations included in these TCS.
X. Sub-hiring agreement for personal data processing
1. Lavinci and the Customer have established a contractual relationship for a service provision through the Vincitables Platform, which involves processing the consumer customers' personal data, for whom the Customer is Responsible (henceforth Responsible Customer).
2. Thus, it's established that in the scope of the service provision purchased through the Vincitables Platform, Lavinci is called to intervene as a sub-hiring entity regarding the processing, by the Responsible Customer, of their customers' personal data. Thus, in compliance with the legal provisions and regulations in force, namely article 28 of the General Data Protection Regulation, it's necessary to define and put this sub-hiring relationship into contract.
3. Object. The purpose of the sub-hired processing of personal data is to execute the service provision contract associated with the use of the Vincitables Platform and includes the personal data of the customers of the restaurant(s) of the Responsible Customers.
4. Duration. Processing by Lavinci of the personal data of the consumer customers of the Responsible Customer will last for the strictly necessary period for rendering the service provision operated through the Vincitables Platform.
5. Purpose. The purpose of the processing is to render the Contract of service provision for which the Customer accesses the several management tools provided at the Vincitables Platform.
6. Type of Personal Data. The types of personal data subject to processing are:
a. Data associated with reservations in restaurants, which include, along with the identification information and telephone and e-mail contacts of the customers, specific requests and any other observations that the customers may make relative to the reservation;
b. Data associated with the actual consumption of the customers;
c. Data associated with the evaluation of the experience by the customers.
7. Lavinci will process the personal data subject of this sub-hiring agreement according to the applicable legislation and further national and European norms.
8. The Responsible Customer guarantees to Lavinci that the personal data subject of this sub-hiring fulfils the provisions of the GDPR, namely in what concerns its collection, storage and processing.
9. Lavinci is obligated to process the personal data only according to the documented instructions of the Responsible Customer. This includes the transfer of data to other countries or international organizations unless it's forced to do so by the law of the Union or the Member-State to which it's subject. In this case, Lavinci will inform the Responsible Customer of such legal requirements before the processing, except if the law prohibits such information for important reasons of public interest.
10. Lavinci, in its sub-hirer role, guarantees that its workers or other people under the agreed provision of services can be fully identified and will only process the personal data subject of this sub-hiring agreement in the measure and for the period necessary to the execution of the respective functions and that they are obligated to complete confidentiality regarding said data.
11. Lavinci commits to applying the technical and organizational measures appropriate for securing an adequate safety level before risk to the data subject of the sub-hiring.
12.Lavinci will take into account the nature of the processing and, as far as possible, provide assistance to the Responsible Customer with adequate technical and organizational measures to allow them to fulfil their obligation of answering the requests of their customers in regards to exercising their rights as holders of the personal data.
13. Lavinci, as sub-hirer, is obligated to eliminate the personal data, as well as the holding formats where it's stored, that may have been transmitted during the period this agreement is in force, without keeping any copies, whenever the following occurs:
d. These are no longer necessary;
e. The party responsible for the processing requests it;
f. This agreement is terminated; or
g. The responsible for the processing has not given instructions for its return as an alternative to deletion.
14. Lavinci commits to not hiring another sub-hirer without the Responsible Customer's general or specific prior and written authorization. In case of general authorization in writing, Lavinci commits to informing the Responsible Customer of any changes in the number of sub-hirers or about the substitution of other sub-hirers. The Responsible Customer may, at that time, oppose such changes.
15. Lavinci, as a sub-hirer, does not process any personal data besides those strictly necessary to the rendering of the agreed-upon service provision and cannot process the personal data or allow it to be processed for its own benefit or for that of third parties.
1. All communications between Lavinci and the Customer related to these TCS and/or the subscription to the Vincitables Platform must be made in writing and according to the notification procedures established in these TCS.
XII. Final Provisions
1. Partial Invalidity
Should any clause of these TCS be rendered void or null as a whole or partially, or its fulfilment impossible due to a legal provision or third-party fact, the remaining clauses will remain in full force.
2. Non-exercise of Rights
The non-exercise or the late or partial exercise of any right under these TC by Lavinci is unimportant to the waiver of said right and doesn't impede its latter exercise.
XIII. Law and Scope
1. Both Lavinci and the Customer will apply their best efforts towards finding an amicable resolution relative to any doubt or conflict that may arise in the scope of enforcing these TCS.
2. Should it not be possible to reach an amicable resolution of the conflict in terms of the aforementioned, any questions relative to the interpretation, validity, execution or termination of the Contract will be decided by Tribunal da Comarca de Lisboa, with explicit exclusion of any other.