Условия за ползване
ТERMS OF USE AND CONDITIONS OF THE
WEBSITE
The following document contains the general terms of use and
conditions for the services offered by “May” EOOD through the
website for online orders “www.umami.bg” (the “General terms”) and
settles the relationships between “May” EOOD and every user of the
website www.umami.bg
I.DEFINITIONS
In interpreting and applying the General Terms, the terms and
expressions used will have the following meaning:
1.1. An "IP address" is a unique identifier that associates a device,
website, or resource of a user in a manner that allows them to be
located on the global Internet network.
1.2 “May” EOOD (hereinafter UMAMI) is a company with
UIC:103597014, with registration and management address : bul.
“Tzar Osvoboditel” No 25, Varna and correspondence address: “Louis
Eyer” str. No2, Sofia , tel.: (+359)0700 19 190, e-mail: umami.bg,
which offers the services subject to these general terms through the
website which it administrates: http://umami.bg
1.3 umami.bg is a website through the USERS are offered the
opportunity to order and get food delivered to an address of their
choice.
1.4. “Electronic redirecting” is a link marked on a web page which
allows automated redirecting to another web page, information
resource or an object via standardized protocols.
1.5. "Malicious actions" are actions or omissions that violate Internet
ethics or harm individuals connected to the Internet or associated
networks, including, but not limited to sending unwanted emails
(SPAM, JUNK MAIL), channel overflow (FLOOD), gaining access to
resources with other people’s rights and passwords, use of system
weaknesses for the purpose of owning or retrieving information
(HACK), performing activities that may be qualified as industrial
espionage or sabotage, damage or destruction of systems or
information systems arrays (CRACK), sending Trojans or causing the
installation of viruses or remote control systems, disrupting the normal
operation of other Internet users and associated networks, and
performing any action that may qualify as a crime or an administrative
violation under Bulgarian law or other applicable law.
1.6 “Internet page” is a part of a website which can be complex or
standalone.
1.7. “Information system” is a device or a system of connected
devices which or one of which is designed to store, send and receive
electronic documents.
1.8. "USER" is any person over the age of 18 who uses any of the
services and resources provided through the UMAMI DELIVERY call
center and the umami.bg website.
1.9. "User Profile" is a separate part of umami.bg, containing
information about the user, provided by him at his registration and
stored by umami.bg, access to the profile is by entering a user name
and password. The profile allows the user to view and edit the data
entered during registration, to access his personal mailbox, to change
his password for access, to subscribe, respectively to unsubscribe, to
receive newsletter, etc.
1.10. “Username” is a user generated unique combination compilled
of letters and or digits through which he/she identifies in umami.bg
1.11.1 “Password” is a user generated combination of letters and/or
digits which together with Username identifies each user.
1.12. “User content” is all kinds of data, information, text, opinions and
comments and blogs which the USER places on umami.bg so that
they can be accessible through the website umami.bg for all other
USERS.
1.13. “Server” is a device or a system of connected devices on all or
one of which a system software is installed for executing tasks
connected with storing, processing, receiving or sending information.
1.14.”Website” is a designated place on the Internet accessible
through its unified address (URL) on HTTP or HTTPS protocol and
containing files, programs, text, sound, picture, image, electronic links
or other materials and resources.
1.15. “Blog” is a website whose content is regularly updated with
comments, event descriptions, files and other information materials
shown in a chronological order.
1.16. “Random event” is an unforeseen event at the time of making of
the contract event which makes its execution objectively impossible.
1.17. “Commerce messages” are advertising or other messages which
present directly or indirectly the products, services or the reputation of
a person conducting a trade or craftmanship activity or practising a
regulated profession.
II. SUBJECT OF THE CONTRACT
2.1 Umami through Website umami.bg offers on-line to the USER the
stated in this General terms services (the”Services”) with strict
adherence by the latter to the requirements defined by these General
terms.
2.2 Part of the services of the website umami.bg are available to all
Users without prior registration being required. Such are, and not
limited to : access and use, while adhering to the General terms,
various information resources, accessible through the website
umami.bg - news, fun publications, promotions, calendar with
information for upcoming events, trainings and seminars, catalog with
link to Bulgarian and foreign websites or other content provided by
umami.bg, as well as User Content published on the umami.bg
Website;
2.3 Using some of the Services on the Website umami.bg is only
possible after registration, creating a user profile of the User and
inputting of the username and password.
2.4. The relationships between the USERS and umami.bg in regard to
offering, gaining access and use of paid services through the Website
www.umami.bg are settled according to the rules stated in these
General terms of use of the specific paid services accessible through
the Website umami.bg.
ІІІ. FIELD OF APPLICATION. CONSENT WITH THE GENERAL
TERMS
3.1. These Terms and Conditions apply to the CONSUMERS who
have registered on the umami.bg Website (the "Registered
CONSUMERS"). These Terms and Conditions apply accordingly to
relationships with CONSUMERS who have not completed registration
on the umami.bg website ("unregistered CONSUMERS"), and their
rights are limited to the use of the services described in item 2.2.
3.2. The text of these Terms and Conditions is available on the
Internet at http: // umami.bg in a way that allows its storage and
reproduction. An electronic link to the Website containing the text of
these Terms and Conditions is available on each page of the
umami.bg Website. With each use of the services and resources of
the umami.bg Website, including by accessing a website from the
umami.bg Website, as well as by clicking on an electronic link from
the home (home) or any other website of the umami.bg Website ,
USERS declare that they are familiar with these General Terms,
agree with them and are obliged to comply with them.
3.3. To be able to use the services under item 2.3. of these Terms
and Conditions, the USER must pre-register by filling in the relevant
electronic registration form, available in real time (on-line) on the
Internet at http://umami.bg.
3.3.1 In the process of registration, by marking in the field "I agree
with the Terms and Conditions of umami.bg and pressing the virtual
button" Registration ", the USER, respectively the parent or guardian
of the USER, makes an explicit electronic statement on the basis of
the Law for electronic document and electronic signature declaring
that he / she is familiar with these General Terms and Conditions,
accepts them, agrees with them and is obliged to comply with them.
3.3.2 By registering the USER is granted access to services offered
by umami.bg. When filling in the registration form the USER is obliged
to submit correct and complete information regarding his/her identity,
respectively the identity of the USER as well as the other data
required by electronic form on umami.bg and update the data
immediately when a change occurs.
The USER guarantees that the data which he/she submits in the
process of registration is : correct, complete and accurate and should
a change occur in the latter , he/she will update it in a timely manner.
3.3.3 If the personal data required by the registration form are not
submitted, umami.bg has the right to refuse registration.
3.3.4 In the case of submitting untrue data or not updating occured
changes umami.bg has the right to conclude and stop immediately
and without prior notice offering the Services as well as maintaining
his/her registration. In this case the conclusion of offering of the
Services is also automatically considered ending the contract.
ІV. USERNAME AND PASSWORD. USER PROFILE
4.1. When registering, the USER specifies a username and password.
If the username is not yet used , the USER receives the username
and password that he has requested. Through them, the USER gains
access to his User profile, as well as the ability to use the Services
under item 2.3.
4.2. The user name is a unique code of letters, numbers and signs,
through which the USER identifies himself when using the Services
under item 2.3. umami.bg does not check and is not responsible for
the coincidence of the username with the name of the USER, whether
it affects the rights of third parties and in particular the right to a name
or other personal rights, the right to a trade name (company), the right
to the reserved trademark or other intellectual property rights.
4.3. A password is a code of letters, numbers, and characters that,
together with the username, serves to access a specific profile.
4.5. The USER is obliged not to disclose to third parties his password
or secret question and answer and to notify immediately umami.bg in
case of unauthorized access, as well as in the likelihood of such. The
USER is obliged to take all care and take the necessary measures,
which are reasonably necessary, in order to protect his password and
the secret question and answer and bears full responsibility for all
actions performed by him or by a third party through their use .
4.6. The User Profile is a separate part of the umami.bg Website
containing information about the registered USER provided during the
registration process and stored on the server of umami.bg. Through
his profile the USER can use, adjust, activate or deactivate the use of
various services under item 2.3. at umami.bg, to manage user content
published by him/her on the server of umami.bg, to update the data
provided at registration, to change his/her password and secret
question and answer, to terminate his/her registration at umami.bg
and others.
4.7. To gain access to the paid services on the Website umami.bg the
User is supposed to register on a designated Internet page or other
actions according to the requirements stated in the General terms for
use of the specific paid service.
4.8 Every USER is allowed to have only one active user profile.
Registration under a made up name or a false name (under false
identity) is forbidden and umami.bg can refuse registration to a person
for whom there is information that he/she submits false data.
V. CONCLUSION OF THE CONTRACT
5.1 The contract between the parties is in force from the moment of
reaching an agreement objectified in the way stated in item 3.2 or
item 3.3.1
5.2 The contract is concluded in Bulgarian language.
5.3 The contract is in effect :
a) For unregistered USERS - until the suspension of use of
Services according to item 2.2
b) For registered USERS - for an undefined period from the
registration of the USER until the termination of the contract in
way stated in these General terms.
VI. CHANGES IN THE GENERAL TERMS
6.1 With regard to the periodic updating and modification of the
Services, their improvement and expansion as well as in connection
with possible legislation changes that reflect on them, the General
terms can be changed unilaterally by UMAMI. This change can also
be made when changing the type, nature or the technology of the
offered Services, upon termination of the provision of certain Services,
and upon change in economic conditions.
6.2. When making changes to the Terms of Use, UMAMI brings them
to the attention of the USERS by posting them on the umami.bg
Website. UMAMI gives USERS a two-week period to familiarize
themselves with the changes in the Terms and Conditions, after which
they enter into force.
6.3. These General Terms and Conditions, as well as any future
amendments thereto, shall also apply to registered USERS at the
date of their entry into force. In the period under item 6.2. they have
the opportunity to request by sending a message to UMAMI that they
reject the changes. In the event that a statement of rejection of the
changes is not received by UMAMI, it is considered that the USER is
bound by them. A request by a registered USER that he or she does
not agree to the changes in the General Terms and Conditions will
automatically terminate the contract between the USER and UMAMI
for the use of the services provided through the umami.bg Website,
whereby UMAMI has the right to terminate immediately the access of
the respective USER to his profile, terminate his account and delete
from its servers all User Content that he has.
VIII. CONSUMER RIGHTS AND OBLIGATIONS
7.1. The USER himself provides the necessary equipment in order to
use the services offered by UMAMI (devices for accessing the Internet
and related software applications) as well as Internet access.
7.2. The USER has the right to on-line access to the Services
provided through the umami.bg Website, subject to the terms and
conditions of access set by UMAMI.
7.4 The USER is obliged when using the services offered by UMAMI
not to upload, place on a server of UMAMI and not to make available
in any way User content to third parties - information, data, text,
messages as well as any other materials or electronic links to
materials which :
a. Are in violation to Bulgarian laws, applicable foreign laws, these
General terms, Internet ethics, rules of morality and good manners
b. Contain violence (including violence towards animals), agitation for
violence, degrade human dignity, pose a threat to life and bodily
integrity towards another person;
c. With pornographic content or other openly sexual content.
d. Contains distinguishable bodies of crash victims and other severe
incidents.
e. Insulting a religion or containing religious agitation;
f. constituting trade or business secrets or other confidential
information;
g. which are subject to the intellectual property rights of third parties,
except with the consent of the rights holder;
h. Violating any material and non-material rights or lawful interests of
third parties;
i. Discriminating based on : gender, race, education level, age and
religion or preaching fascist, racist or any other non-democratic
ideology;
j. to. damaging the good name of another and calling for a violent
change of the constitutionally established order, for committing a
crime, for violence against a person or for inciting racial, national,
ethnic or religious enmity;
k. containing information inciting or facilitating terrorist activity;
l. containing information about another person’s passwords or access
rights without the consent of their holder, as well as software for
accessing such passwords or rights;
7.5. The USER is obliged to use the services provided by UMAMI:
a. not to commit malicious acts within the meaning of these General
Terms and Conditions;
b. to notify UMAMI immediately of any case of committed or
discovered infringement while using the services provided;
c. not to impersonate another person;
e. not to use methods that lead to the downloading of unwanted
content by Internet users ("pop-up", "blind link" and the like).
7.6. The USER may at any time, at his or her sole discretion,
terminate the use of the Services provided by UMAMI by deactivating
the provision of the Services by his User Profile or another designated
web page or terminate his registration on the Website umami.bg,
respectively, and cease using the Services under v. 2.2. From the
moment of termination of registration, and for unregistered USERS -
from the moment of termination of use of the services under item 2.2.,
The contract between the parties is considered automatically
terminated, and UMAMI suspends the access of the respective User
to his User profile and has the right to stop access to and delete from
its servers all the User Content available to it in accordance with item
14.2. of these Terms and Conditions. Deactivation of the provision of
certain Services does not terminate the contract.
7.7. The USER may access and use any content posted on the
Website umami.bg, including User Content, solely for personal non-
commercial use, subject to the requirements of these Terms and
Conditions.
7.8. The USER shall not exercise or attempt to gain unauthorized
access to the services provided by umami.bg by intercepting and
using other people’s passwords or any other methods, not to bypass,
damage or otherwise interfere with the normal operation of technical
or software applications on the umami.bg Website that prevent or
restrict access to others’ electronic mailboxes, administrative panels,
computer systems and networks related to the services provided.
VIII. UMAMI RIGHTS AND OBLIGATIONS
8.1. UMAMI undertakes the utmost care to enable the USER to use
the Services normally.
Reclamation acceptance and settlement policy of UMAMI DELIVERY
We, UMAMI DELIVERY, promise to be at your door with your order
within the time limit that was announced when you placed your order.
For orders within the service area of the UMAMI restaurant, the
guaranteed delivery time is 45 minutes, for resorts and neighborhoods
- deliveries are made up to 60 minutes.
WE, UMAMI DELIVERY are committed to delivering your order within
75 minutes.
8.1.1. Delivery conditions
● For Sofia the delivery of every order up to 100 lev costs 1.99 lev
For orders above 100 lev the delivery is FREE.
The supplies in which food is delivered are free.
8.1.2 Minimal order value
The minimal value of an order is 15 lev excluding the price for
delivery.
8.1.3. Consumables
For every main dish ordered there is one food box and one piece of
cutlery included. When a sushi portion is ordered it includes one free
set of sushi sticks and one package of soy sauce. If you to order extra
cutlery, sticks or soy sauce you will need to pay for them.A set of
plastic cutlery is priced 0,20 lev, a set of sticks is 0,10 lev and a
package of soy sauce is 0,10 lev. If you want an extra food box it will
cost you 0,49 lev.
8.1.4. UMAMI DELIVERY guarantees the taste qualities and nutrition
facts of the delivered products in your order for the next 2 (two) hours
counted from the moment of order. In that regard UMAMI DELIVERY
recommends that you consume the delivered products in the
aforementioned time period. After this period UMAMI DELIVERY is
not responsible for the taste and nutritional qualities of the delivered
products.
8.1.5. In case of a non-conformity between Your order and the
delivered products both in a qualitative and quantitative manner, you
the right to a reclamation according to the Law for customer
protection.To make a reclamation you have to notify us in the time
period of 60 min. after the delivery by calling our phone for accepting
orders 0 700 19190. If your notification for reclamation is made after
that time period UMAMI DELIVERY is not obliged to follow the
Reclamation acceptance and settlement policy. Calling the number
0700 19190 costs as much as a normal city call, the price of which is
determined by the individual tariff of every user with the
telecommunication company whose services he/she uses.
8.1.6. Following a justified reclamation on Your behalf we can offer
you the following options for settling the problem depending on
situation, type and nature of the problem:
- If the product is a main course, salad, dessert, appetizer, sauce,
addition to sushi, side dish, beverage or bread (focaccia) we will
replace it with another one in the fastest way possible on the same
day or we will provide you with a voucher which you can use on Your
next order and be of equal value as the non-conforming product.
Vouchers cannot be combined with other types of price reduction.
A voucher can be used to pay an entire order or part of it not including
the delivery. Delivery should be paid by the client no matter the value
of the voucher. The voucher can be used once and cannot be used to
pay two or more orders.
8.1.7. In any case of not accurate execution of Your order, with the
exception of a not delivered product/article , your reclamation will be
justified only if you can present to the delivery person at least two
thirds of the quantity of the delivered product from which you are
unhappy
8.1.8. Delivery time guarantees do not apply to all orders. Orders
above 100 lev require more to prepare and that is why the delivery
time is increased. Every client will be informed about the delivery time
at the time of his order or afterwards.
8.1.9. The Reclamation acceptance and settlement policy is not
applied in the cases of force majeure events including and caused by
unpleasant meteorological conditions.
8.2. UMAMI does not have the obligation and the objective ability to
control how the USER uses the Services provided, and is not
responsible for the purposes and activities of the USER in relation to
the use of the Services, as well as the type and nature of the User
Content. UMAMI is under no obligation to monitor the information
stored on its servers or made available when providing the Services,
nor to seek facts and circumstances that indicate the User's
misconduct through the use of the Services.
8.3. In accordance with the requirements of the current Bulgarian
legislation, UMAMI stores information materials and resources placed
by the USER on a server on umami.bg, and has the right to make
them available to the competent state bodies in cases where this is
necessary for the protection of rights, legitimate interests and security
of UMAMI or of third parties, as well as in cases where they are
requested by the relevant state authorities in due course.
8.4. In the event that the USER Profile does not use for 60 days after
registration, or within 120 days of its last use, UMAMI has the right to
terminate the respective User's access to its Profile, to cancel its
registration and to delete from the servers without notice his/her
entire User Content. From the moment of termination of the
registration the contract with the USER is considered automatically
terminated.
8.5. UMAMI has the right to place on any of the pages of the
umami.bg Website, including User profiles, electronic links,
advertising banners and other advertising forms for goods and
services offered by UMAMI or third parties, as well as electronic links
and advertising banners indicating to websites outside the control of
UMAMI. UMAMI is not responsible for the content, accuracy and
legality of such websites or resources and of services or resources
that have become available to the USER in the use of the services of
the umami.bg Website
8.6. Upon the activation by the USER of the possibility of offering
advertising space on a blog, UMAMI has the right, but not the
obligation, at its own discretion to place on it the materials under item
8.5. In the event that such materials are posted on the blog, UMAMI is
obliged to provide the USER ......% of the income from this
advertisement.
8.7. UMAMI has the right to send commercial messages to the
USERS in order to offer information and advertisements about its own
or other goods and / or services offered by other companies, to make
inquiries on various issues, to conduct surveys and others. By
accepting these Terms and Conditions, the USER agrees to receive
commercial communications from UMAMI.
8.8. UMAMI has the right, but not the obligation, in its sole discretion
and without giving a warning to suspend access to and / or remove
User Content when the same contradicts these General Terms and
Conditions.
8.9. UMAMI is under no obligation to suspend access to and / or
remove User Content posted on the umami.bg Website at the request
of the USER who posted it.
8.10. UMAMI has the right at its sole discretion and without warning to
suspend or temporarily restrict the USER's access to the Services
under item 2.3.as well as the access of other USERS to the User
content placed by him/her when according to UMAMI’s judgement or
through information acquired by third parties the USER has used the
Services in violation of the Bulgarian legislation, these General Terms,
good morals or other applicable norms.
8.11. UMAMI reserves the right to temporarily or permanently
suspend the provision of specific Services available through the
umami.bg Website, by notifying the USER with a message on the
respective websites or in his User profile.
IХ. INTELLECTUAL PROPERTY
9.1. By providing User Content in any form whatsoever on the
umami.bg Website, the USER grants UMAMI the exclusive right to
use, record, store, distribute it publicly on the Internet, including
offering access to an unlimited number of persons in a way allowing
this access to be exercised from a place and at a time individually
chosen by each of them, without any remuneration and territorial
restrictions (worldwide). The right under the previous sub-paragraph
shall be granted for the period of time the User Content is placed on a
UMAMI server, as well as for a reasonable period after its removal or
deletion.
9.2. When using the Services subject to these General Terms and
Conditions, the USER has access to a variety of content and
resources that are subject to copyright or other intellectual property
rights of UMAMI, other USERS or the designated entities. The USER
has access to the content for personal use in accordance with these
General Terms and Conditions and has no right to use, record, store,
reproduce, modify, adapt or distribute the intellectual property objects
that have become available to him in the use of the Services , except
in the case of insignificant volume of information intended for personal
use, provided that the legitimate interests of the authors or other
holders of intellectual property rights are not unduly damaged, in case
that the copying or reproduction is for non-commercial purposes, as
well as if the content is provided by it or has received the explicit
consent of the respective holders. Notwithstanding the
aforementioned, the USER is not entitled to remove the trademark
and other intellectual property rights from the materials available to
him, whether the holder of the respective rights is UMAMI or another
USER.
9.4. Intellectual property rights over all intellectual property objects -
materials, databases and other resources located on the Website,
outside the User Content posted by the USERS of the umami.bg
Website, are subject to protection under the Copyright and Related
Rights Act and / or the Trade Marks and Geographical Indications,
belong to UMAMI or to the designated person who has ceded the right
of use to UMAMI and cannot be used in violation of applicable law.
9.5. In the event that the USER considers that his intellectual property
rights have been infringed by another user, he should notify UMAMI in
writing to the management address specified in these General Terms
or by a letter sent to the e-mail address specified for contact with
UMAMI. The notice should contain an accurate identification of the
material alleged to have been published in breach of intellectual
property rights, an indication of the person or persons whose
intellectual property rights have been infringed, and the basis on
which those persons became the holders of the respective rights, as
well as the address and telephone number for contact with the USER.
UMAMI shall, at its discretion, take the actions referred to in item 11.1.
of these Terms and Conditions.
Х. LIABILITY. LIMITATION OF LIABILITY
10.1. UMAMI takes care to enable the USER to use the Services
normally, but as long as they are provided free of charge, there is no
obligation and does not guarantee that they will satisfy the USER's
requirements nor will they be uninterrupted, timely or secure. By
accepting these General Terms, the USER declares that the use of
the Services provided will be entirely at his own risk and responsibility,
and the parties agree that UMAMI shall not be liable for any damages
caused to the USER.
10.3. UMAMI is not responsible for the availability and quality of the
goods and the content of the services placed at the attention of the
USER posted on the Website electronic links, advertising banners
and announcements for the sale of goods and provision of services by
third parties and / or by attaching such to the text of the commercial
messages sent to him at the e-mail address indicated by him at the
time of his registration or generated at the time of his registration. To
the extent that the actions of these third parties are not under the
control of UMAMI, it is not responsible for the unlawful nature of the
activities of third parties or for the emergence, guarantee, fulfillment,
amendment and termination of commitments and commitments in
relation to the goods offered by third parties and services, and shall
not be liable for any damages or loss of profits arising from such
relationships.
10.4. UMAMI is not responsible for the failure to provide services in
the event of circumstances beyond its control - in cases of force
majeure, accidental events, problems on the Internet and in the
provision of services beyond the control of UMAMI, problems due to
the equipment of the USER, as and in the event of unauthorized
access or intervention by third parties in the operation of the UMAMI
information system or servers.
10.5. UMAMI shall not be liable for damages caused to the USER's
software, hardware or equipment, or for the loss of data arising from
materials or resources, sought, loaded or used in any way through the
Services provided.
10.6. UMAMI shall not be liable to the USER and any third parties for
any damages and loss of profit resulting from the termination,
suspension, modification or limitation of the provision of any of the
Services provided, for the use of the Services, deletion, return, non-
receipt, modification, loss , the falseness, inaccuracy, or
incompleteness of articles, messages, materials, or information used,
recorded, or made available through the umami.bg Website.
10.7. The Parties agree that UMAMI is not responsible for the failure
to provide the Services or the provision of poor quality services as a
result of tests performed by UMAMI to verify equipment, connections,
networks, etc., as well as tests aimed at improving or optimizing the
services provided. In such cases, UMAMI shall notify the USER in
advance of the possible temporary failure to provide, respectively, the
degraded quality of the Services.
10.8. By accepting these Terms and Conditions, the USER declares
that he/she is aware of the possible interruptions and other difficulties
with the Internet connection to the umami.bg Website, which may
arise regardless of the care taken by UMAMI. The USER declares
that he/she will not claim any compensation from UMAMI for any lost
benefits, damages or inconveniences due to the above-mentioned
interruptions or difficulties in the Internet connection, including with
respect to the capacity of this connection.
10.9. UMAMI is not responsible or liable for any compensation
towards a person whose personal data has been used by another
person to use the Services provided by UMAMI, whether or not
he/she has given his/her consent.
XI. RIGHTS OF UMAMI IN CASE OF VIOLATION OF CONSUMER
OBLIGATIONS
11.1. UMAMI has the right to suspend, limit or change the services
provided on the website: umami.bg, for an indefinite period of time.
