Terms of Use

Terms of Use. The Terms of Use are required for your use of EATCLOUD, whether on your eatcloud.com website or on the EatCloud app. When you register or use EATCLOUD you agree to these terms.

The services offered by EatCloud may be used by persons with full capacity to contract, exercise rights and acquire obligations under the law.

Definitions. For a better understanding, please note the following definitions:

APPLICATION. It is the software called “EATCLOUD” for the service of users. EatCloud puts the software at the service of users who manage donations.

USER. It is the person who uses EatCloud through the website, web application or mobile application.

USER-DONOR. This is the person who uses EatCloud through the website, web app or mobile app to manage the donations they wish to advertise and deliver.

USER-BENEFICIARY. This is the person who uses EatCloud through the website, web application or mobile application to register or manage the donations they wish to receive.

Services. EATCLOUD provides its technological services to legal entities committed to food waste, social and environmental causes, and who wish to contribute to the reduction of the carbon footprint in the world by allocating their surpluses to serve those most in need. The food ecosystem can advertise their donations through the Web. In turn, the social ecosystem can receive donations through the app provided by EatCloud.

Unacceptable behavior. The USER-BENEFICIARY shall not engage in illegal conduct or conduct that affects the operation of the service. An enunciative list of behaviors that are not allowed is given:

(i) To commercialize the donation delivered.
(ii) Exchange the donation for any service or product.
(ii) Create, publish or disseminate by any means false information that induces hatred, violence or discrimination against minorities or that goes against morals and good customs.
(iii) Failure to pick up the donation at the scheduled place, date and time.
(iv) Receive donations that were not allocated by the application.
(v) Taking items or merchandise that belong to the USER-DONOR and that are located at the donation points. The following are considered items: baskets, recycling material and others.
(vi) Disrespecting those involved in the operation.
(vii) Cause nuisance, discomfort or damage to the food ecosystem or social ecosystem.

Obligations of the User – Beneficiary. The USER-BENEFICIARY agrees to:

(i) Deliver actual data of the Entity through the application and authorized means.
(ii) Attach documents requested to receive the service at the time of registering the entity and during the provision of the service.
(iii) Maintain consistency between the information provided in the application and what happened in the operation.
(iv) Update the Entity’s contact information (mobile number, landline number and e-mail).
(v) Provide dignified, respectful and friendly treatment to all persons involved in the use of the application.
(vi) Refrain from receiving donations that have not been allocated through the application.
(vii) Guarantee the personal and non-transferable use of the assigned account.
(viii) Use the application without causing hindrance, annoyance, inconvenience or harm to donors, other users, intermediaries and third parties.
(ix) Inform through the authorized channels of the change of the Legal Representative.
(x) Attend and follow the details of the announcements regarding requirements to enter the donor points and pick up the donation. Some requirements are: individual protection elements, ARL affiliation and others.
(xi) Verify the characteristics of the donation in terms of quantity, weight and type of product, and acknowledge the receipt in the application.
(xii) Ensure that the donation is delivered to the population in need.
(xiii) Attending the linkage and follow-up visits to certify the entity’s qualifications to be a donation manager through the app.
(xiv) Verify, guarantee and list a driver with an active driver’s license who will be in charge of picking up the donation.
(xv) Comply with all legal obligations established in accordance with the applicable legal regime.

The user agrees to be denied access to the application for failure to comply with any of the obligations described above, for any unlawful conduct or conduct affecting the food and social ecosystems. Without prejudice to the initiation of criminal proceedings for conduct that violates the public faith, social economic order, economic heritage, life or personal integrity.

Control System to the USER BENEFICIARY for unacceptable behavior or non-compliance with obligations. EatCloud will exercise control over the use given by the USER-BENEFICIARY to the application and its interaction with the ecosystem. If with the way you act you affect the ecosystem or fail to comply with any of the obligations, EatCloud may take any of the following decisions at its discretion:

● Send a notice to the BENEFICIARY USER reminding him/her of the behavior that affected the operation and the terms of use that he/she accepted.
● Partially or totally disable access to the ecosystem.

Access to an account will be restricted when the BENEFICIARY USER sells a donation received through EatCloud. Marketing a donation is a crime.

Manager’s certificate. EatCloud will be able to verify on site the qualities of the non-profit entities that wish to manage or manage donations through the application. This way you can certify the quality of the manager.

If the entity does not obtain this certification, it will not be able to manage donations through the app.

Donation certificate. The donation announced through EATCLOUD and delivered by the donor to the Asociación Banco de Alimentos de Colombia – ABACO, is found in the related supporting documents at cost and before VAT, as indicated in Article 125-2 of the Tax Statute. ABACO issues a donation certificate when a product suitable for human consumption has been announced and delivered and has complied with the provisions of the law.

Logistics Manager. ABACO, the Food Banks of Colombia and the Non-Profit Entities are the logistics managers and perform the tasks required for the management and handling of the food received as donation.
Limitation of responsibility in the receipt of food. THE USER- BENEFICIARY, also called recipient of the food accepts that it is responsible for the receipt, storage and quality of the food delivered to the beneficiary population for this purpose, shall comply with the conditions that the regulations governing the storage, handling, preservation and distribution of products suitable for human consumption, according to Article 18 of Law 1990 of 2019.

Requirements for the correct functioning of the app.

To use EATCLOUD Mobile, the USER must have a compatible cell phone or device, with Internet connection and that complies with the minimum features as indicated in the App Store. Likewise, the USER must make sure to have the latest version of the APP, through updates through the App Store.

EATCLOUD mobile will be compatible with Android OS devices with Android OS 5.0 and above. Also regular updates, software or documentation that allows you to use EatCloud.

The application is available for proper operation on a mobile device. The account must only be accessed from a mobile device.

Responsibility for the use of EatCloud.
For the use of EatCloud. The USER is solely responsible for the use of the EatCloud services and for any consequences arising therefrom.

Exclusion of Liability.

For the availability of the Application. EATCLOUD, its licensors and its subcontractors are not responsible for the unavailability of the application, difficulties or impossibility to download or access its content, or any other failure in the communication system that may cause the APPLICATION to be unavailable.

EATCLOUD and its licensors are not responsible for technical service or maintenance of the application.
For damages or failures. EATCLOUD and its licensors are not responsible for any damage, injury or loss of USER’s equipment caused by system, server or Internet failures.

EATCLOUD shall not be liable for any virus that may attack the USER’s equipment as a result of an input device or access, use or navigation on the Internet site, transfer of data, files, images, text or audio contained on the WEBSITE.

USERS may not attribute to EATCLOUD or its licensors any liability or demand payment for lost profits or any type of compensation for damages or civil liability resulting from technical difficulties or failures in the systems or on the Internet. EATCLOUD or its licensors also cannot guarantee access to or uninterrupted operation of its site. From time to time, the system may be unavailable due to technical difficulties or Internet failures.

Limitation of Liability. EATCLOUD and its licensors will use reasonable efforts to make the application available at all times. However, USER agrees that delivery of the App will be via the Internet and mobile networks and that, accordingly, the quality and availability of the App may be affected by factors beyond the responsible control of EATCLOUD and its licensors.
Disclaimer of Warranties. For the avoidance of doubt and to the fullest extent permitted by law, EATCLOUD and its licensors disclaim all implied warranties arising from the App. The application and software are provided “as is” and “as available” without warranty of any kind.
Intellectual Property. All trademarks, copyrights, databases and other intellectual property rights in the mobile application, whatever their nature, as well as the source code, are owned by EATCLOUD or its licensors.

EATCLOUD hereby offers a revocable, free, non-exclusive, non-transferable, international, personal license to use this application and the eatcloud.com site on a personal or professional basis within the limits set by these application terms. This license will allow you to enjoy the services offered by both the mobile application and the website in accordance with these terms of use.

Regarding the shared information such as messages, photos and videos that the USER shares through the platform, the USER grants a non-exclusive, transferable license with sublicensing rights, Creative Commons Attibution 3.0 Unported (CC By 3.0) and with global applicability for the proper functioning of the platform and the USER’s account or accounts. This license terminates when the USER deletes his/her content from his/her account, unless this content has been shared with third parties and they have not deleted it.

The services are the exclusive property of EATCLOUD and its licensors. The services are protected by intellectual property and trademark rights, as well as by the regulations of Colombia and third countries. These conditions do not grant you any rights in relation to the use of the name of the application, the EATCLOUD brand, logos, domain names or any other distinctive feature of the brand.

EatCloud Reservation. Upon becoming aware of any possible violation of these terms. EatCloud reserves the right to decide whether the USER is in compliance with the stated usage requirements and may terminate a user’s access, without notice and at its sole discretion.

Limitation of service. The services provided by EATCLOUD are continually evolving. The form or nature of such services may change without notice. EATCLOUD may discontinue all or part of the provision of services to users without notice.

EATCLOUD reserves the right to limit use at any time without notice. In any case, EATCLOUD will notify users when maintenance of the platform is required. The software version of the application may undergo periodic updates to add support for new features and services.

Completion of the service. EATCLOUD may terminate the use of the mobile application at any time without notice to the USER. All rights and licenses granted to the USER will be terminated. Therefore, the USER will cease to use the software.

Change or update of the terms of use. EATCLOUD may modify or update its terms of use. The USER will be informed as required by law.

Jurisdiction
This agreement shall be governed by the laws in force in the Republic of Colombia. Any controversy arising from this agreement shall be submitted to the applicable laws and the competent Courts of the City of Medellin and the proceedings shall be conducted in Spanish language.

Domicile
EATCLOUD’s domicile in Medellín is fixed at Calle 6 Sur No.70 – 215, Apt. 806, Medellín, Colombia.