Eminos

Eminos Limited Terms and Conditions

Last update on 1 August 2023

These Terms and Conditions (hereinafter the “Agreement”) constitute the entire Agreement between Eminos Limited, a private company limited by shares incorporated in the United Kingdom, (hereinafter “Eminos Limited” or “we” or “us”) and you, the user (hereinafter “you” or the “User” or, in the plural, the “Users”) regarding your download, installation or use of the Eminos mobile applications on the Apple AppStore, the Google Play Store or any other store (hereinafter the “Mobile Applications”) and/or the Eminos Limited website (hereinafter the “Website”). Together the Mobile Applications and the Website are referred to as the “Platforms” or a “Platform”. The word “Platforms” or “Platform” also include all that can be found on them including any and all content, feature, functionality…
Please read this Agreement carefully. By downloading, installing or using any of our Platforms, the User agrees to be bound by this Agreement as amended from time to time. Further, by downloading, installing or using any of our Platforms, the User fully accepts that he has read this Agreement and that he agrees fully with its content and that his obligations under it are binding and enforceable.
Any amendment to this Agreement will be posted on our Mobile Applications and on our Website. These amendments will enter into full force and effect on the date mentioned under the above title “Eminos Limited Terms and Conditions”. The fact that the User continues to use any of our Platforms means that he has agreed to the amended Agreement. For this reason, we invite all our Users to check this page periodically.
Please note that if you are not convinced or do not agree with these Terms and Conditions, your best remedy is to simply stop using our all our Platforms.

1. USAGE

In order to download, install or use any of our Platforms, a User needs to have a mobile phone, a tablet, a computer… (hereinafter the “Device”). Eminos Limited is not responsible and cannot guarantee that the Device will be compatible with any or all of the Platforms it proposes.
By downloading, installing or using any of our Platforms, the User represents and warrants that he has the capacity to contract. If any of our Services are accessed by a person who has not the capacity to contract, the approval of his legal tutor and/or of the owner of the Device is implied.
All our Platforms may only be used by the owner of the Device. If, however, the User gives access to any of our Platforms to a third party, such access implies that such third party has read and agreed to this Agreement.
Eminos Limited reserves the right to cancel, close or shut down the access of any User to all or any of its Platforms without reason.

2. OWNERSHIP

The Eminos Mobile Applications and the Eminos Website are the sole and exclusive property of Eminos Limited. In no case whatsoever can any article in or provision of this Agreement or the behavior of Eminos Limited, its directors, officers, secretaires, employees, representatives… or of any of the Users be construed to imply otherwise.
In particular and on a non-limitative basis, sole and exclusive ownership by Eminos Limited includes the following: (i) The Mobile Applications and the Website, (ii) The source code and the code(s) that make the Mobile Applications and the Website, (iii) Any right, title, interest… to and in the Platforms, (iv) All the frontend, backend, content… that can be found in any of the Platforms, (v) All the intellectual property rights (included and not limited to copyrights, trademarks, patents, trade secrets and all other rights)…
Any new or amended software, content, functionality, feature… related to the Platforms will also be automatically considered subject to this Agreement.

3. GRANT OF LIMITED LICENCE

By virtue of this Agreement, Eminos Limited grants the User a limited, non-exclusive, non-transferable, royalty-free license to download, install or use any of the Platforms in compliance with this Agreement.
Such license is limited in the sense that the User can download, install or use any of the Platforms for his personal and non-commercial use in compliance with this Agreement.
The User cannot assign, transfer or sub-license this limited license.
The User(s) acknowledge that Eminos Limited reserves the right to refuse or revoke this limited license to any or all its Users for any reason and at any time and without prior notice or liability.
The User acknowledges that this Agreement solely grants him a limited license and can in no circumstance imply a sale of all or parts of Eminos Limited’s ownership as defined above.

4. RESTRICTIONS ON USE

The User can only use the Platforms in the strict context of the limited license granted to him under this Agreement. All other behaviors by the User will be considered in violation of this Agreement. For the sake of clarity, and on a non-limitative basis, the User will in no way do or attempt to do any of the following regarding any of the Platforms: (i) Reverse engineer, disassemble or decompile any of the Platforms or any part of a Platform, (ii) Reproduce, duplicate, modify, copy or create any derivative work from any of the Platforms or any part of a Platform, (iii) Violate, infringe, alter or remove any copyright, trademark or any other proprietary rights related to any of the Platforms, (iv) Act in any way that could be construed as a breach of the limited license.

5. SUBSCRIPTION PURCHASES

Our Mobile Applications are free to download and install but the User will solely and exclusively bear all costs related to the Internet connection and to the Device, both of which are needed to download, install or use any of the Platforms.
Though the Mobile Applications grant a free and limited access to the User, buying a subscription to have a larger access (such as an access to a city) is done through the respective store of the User depending on his Device (Apple’s AppStore, Google Play Store or any other store). These purchases are solely governed by the terms and conditions of applications store on which the User’s Device depend and all Users are invited to check them before making any purchase.

6. CONTENT ACCURACY

The content on all the Platforms (hereinafter the “Content”) is the exclusive and sole ownership of Eminos Limited. The Users acknowledges that selecting, gathering and composing the Content that is on the Platforms is one of Eminos Limited’s trade secrets.
Although Eminos Limited makes all reasonable efforts to ensure that the Content provided is accurate and correct, it cannot guarantee that it will. Shops close, restaurants change chefs, business hours vary greatly throughout the year… For this reason, Eminos Limited insists that the Content it provides its Users with is for general information only. The best way to find accurate information is to call, email and check the website of a shop, a restaurant…
Further, Eminos Limited is not responsible how the User uses the Content he gets access to through its Platforms. A User is exclusively responsible for his use of any Platform and Eminos Limited’s support is also for information purpose only.
At all times and without notification, Eminos Limited reserves the right to add, delete or amend all, parts or any of the Content.

7. PHOTOGRAPH USE

We made our best efforts that the copyright information related to the photographs we may use is accurate. In case it is not, please contact us at [email protected].

8. AMENDMENT TO THE PLATFORMS, TO THE CONTENT AND TO THE PRICES

Eminos Limited has all the liberty to amend, suspend or extend any of the Platforms or any of the Content that it provides to its User. This right to amend, suspend or extend is absolute and Eminos Limited can use it in any way it sees fit without prior notice to the User.
Eminos Limited can at its discretion amend the subscription prices as per the Apple AppStore or the Google Play Store or any other store’s terms and conditions.

9. USER COSTS

All the costs related to any of our Platforms are to be borne exclusively and solely by the User. This includes the cost of Internet connection (wifi, data…), roaming charges, Device purchase…

10. INTERNET CONNECTION

Eminos Limited cannot and does not guarantee that the Internet network will always work properly and, as such, Eminos Limited informs the Users that it has no control over how the Internet public network works. Therefore, Eminos Limited cannot guarantee to the User that he will have the ability to download, install or use any of the Platforms and use them in the way they were intended to be used without interruption or error and Eminos Limited disclaims all liability for interruptions and errors.

11. SPECIFIC USERS

Eminos Limited selects businesses in various fields such as accommodation, restaurants, shops (hereinafter the “Businesses” or a “Business”) and lists them on some or all its Platforms. This selection process is thorough and constitutes one of Eminos Limited’s trade secrets.
At some point in the future, Eminos Limited may (without this being an obligation) grant access to these or to some of these Businesses in order for them to update some type of information or data on their specific page on any or all Platforms. If Eminos Limited decides to grant such access, the Business fully, finally, and irrevocably agrees that: (i) Eminos Limited decides solely of the type of information or media that could be accessed by the Business, (ii) Eminos Limited will always have the total liberty to refuse to publish or to remove any such information or media posted or requested to be posted by the Business, (iii) Eminos Limited can, at any time and without reason, refuse to grant access or, later, deny any Business the right to access its page, (iv) Any information including media, photo… that the Business adds must be owned by it or at the very least, the Business should have the permission to use.
The Business further fully, irrevocably and unconditionally agree that the fact that it figures on the Eminos Limited selection does not mean, in any way, that it will always figure on this selection. In this respect, Eminos Limited will always have the liberty to remove or to re-introduce such Business in its selection.
By adding an information (including photograph…), the Business grants Eminos Limited an unlimited perpetual and royalty-free right to re-use it.
If such access is granted by Eminos Limited to Businesses, the Business finally, irrevocably and unconditionally agrees that it will abide by this Agreement and follow all the guidelines that Eminos Limited may issue from time to time in this respect.
Further, the Business certifies that all these information he will be able to add to its page will be accurate and that he will honor any offer he might propose to the User if it is still current.
In any case, Eminos Limited will in no way be liable as a result of the information added by the Business.

12. USER’S PERSONAL INFORMATION

Eminos Limited collects information that may be personal to the User. All or part of this information: (i) Could be communicated directly by the User to Eminos Limited, or (ii) Could be automatically collected by Eminos Limited, or (iii) Could be about you and received by Eminos Limited from other sources.
The User is made aware that all or part of this information could be hacked, illegally accessed, accessed in any unauthorized way or otherwise and the User will not hold Eminos Limited (including its directors, officers, secretaries, shareholders, employees…) liable and responsible of such event.
For more details, check our Privacy Policy. and our Cookies Policy.

13. HOW THE PLATFORMS WORK

The User could access the Website without creating an account and without communicating to Eminos Limited any of his personal data. He could add his email to the mailing list in case he wishes to do so.
The User could download, install and access a limited in time and limited in content version of the Mobile Applications. If the User wishes to continue using the Mobile Applications beyond this limited time, he will have to create an account. Further, if he wishes to access a larger content on the Mobile Applications after creating an account, he will have to subscribe.

14. LOCATION

The Platforms may use -if the User allows them through his Device- geolocation services. Eminos Limited has no control over how a User manages his location services since the User has full access to enable or disable at any time the use of location services as this service is found on the User’s Device settings.

15. NOTIFICATIONS

Eminos Limited could send notifications to the User if the User allows notifications through his Device. These notifications will be related to the Platforms and could be useful to enhance the User’s experience. The User can enable or disable at any time receiving notification as this service is found on the User’s Device settings.

16. SECURITY

The User is hereby informed that using the Platforms could carry security and confidentiality risks that may impact, among other, personal information. Although Eminos Limited implements all reasonable efforts that such security risks do not impact its Users, Users must know that Eminos Limited cannot control all these risks (including the ones related to the Internet, to the mobile network, to the Device…). If the User is not comfortable assuming these risks, he should stop using all the Platforms and uninstall them.

17. THIRD-PARTY WEBSITES

The Platforms can provide the User access to links to third-party websites that are not under the control of, are not owned or are not operated by Eminos Limited. The Internet, including the World Wide Web, includes a large number of sites the content of which may be modified at all times by their owners.
These sites are run by parties who have at their disposal data communication equipment over which Eminos Limited has no control whatsoever and Eminos Limited is not liable howsoever for the content of the different type of data obtainable from other third-party websites to which hyperlinks are available, nor is Eminos Limited liable for the availability, access, exactness, legality or suitability of the said information or data.
The User fully accepts that these third-party websites also have their own terms and conditions and privacy policies and the User undertakes to hold Eminos Limited harmless from his behavior that might infringe them and the User further accepts that Eminos Limited shall not be held liable, directly or indirectly, for any damage, loss, negative impact resulting from him using these third-party websites.
This article also applies to functionalities that are integrated (through Api or other ways) in any of the Platforms and that allow the User a better and enhanced experience.

18. NO SUPPORT

At no time will Eminos Limited be under the obligation to provide any of its Users with maintenance, support, upgrade, update, new releases or modification to any of its Platforms.

19. DISCLAIMER OF WARRANTIES

The User uses the Platforms at his sole risk. To the maximum extent permitted by law, the Platforms are provided “as is” and “as available” with no technical support, warranties or representations and Eminos Limited expressly disclaims all warranties and representations of any kind, whether expressed or implied by statute or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by law, Eminos Limited makes no warranty that any of the Platforms will meet the requirements and expectations of the User and/or that the Platforms will be uninterrupted, timely, secure, or error-free or that errors will be corrected, or that the Platforms or the server(s) from which the Platforms are run is free of viruses or other potentially harmful codes and/or the results that may be obtained from the use of the Platforms will be accurate or reliable and/or the quality of any products, services, information, or other material purchased or obtained by the User on or through the Platforms will meet the expectations of the User.
Therefore, and to the maximum extent permitted by law, Eminos Limited will in no way be liable for any loss or liability related to the User downloading, installing or using any of the Platforms.
The User’s sole remedy in all circumstances or claims is to simply stop using the Platforms.

20. LIMITATION OF LIABILITY

Eminos Limited, its directors, officers, secretaries, shareholders, employees, interns, suppliers, affiliates, agents… as well as any and all entity (company or other) that is a parent, a subsidiary, an affiliate, a sister company of Eminos Limited as well as their directors, officers, secretaries, shareholders, employees, interns, suppliers, affiliates, agents… shall in no way be liable for any loss or damage related directly or indirectly to the User’s download, installation or use of any of the Platforms including those that cause an injury, a loss, a claim, or any kind of damage (whether direct, indirect, incidental, punitive, special, or consequential). This applies without limitation to loss of profits, loss of revenues, loss of savings, loss of information (including personal information), loss of data or any other similar damages, whether such damage is found in contract, tort (including negligence), strict liability or otherwise.
This limitation of liability also applies, among other, to errors or omissions in Content, or loss or damage of any kind resulting from the use of the Platforms.
This limitation of liability also applies to any physical damage the User may sustain as a result of downloading, installing or using the Platforms such as the explosion of the Device, death any physical damage he might sustain while checking any of the Platforms…
Where this limitation of liability is inapplicable, any liability shall be limited to the maximum extent permitted by law.
This limitation of liability applies to all cases or situations that are not even foreseen in it provided such limitation of liability is valid under applicable law.

21. INDEMNIFICATION

In all circumstances, the User finally, irrevocably and unconditionally agrees to release, discharge, defend, hold harmless and indemnify Eminos Limited and all directors, officers, secretaries, shareholders, employees, interns, suppliers, affiliates, agents… as well as any and all entity (company or other) that is a parent, a subsidiary, an affiliate, a sister company of Eminos Limited as well as their directors, officers, secretaries, shareholders, employees, interns, suppliers, affiliates, agents… from and against any and all losses, claims (whether those with or without legal merit or filed on the basis of bad faith), liabilities, damages, demands, costs, expenses, lawsuits, proceedings (legal, administrative or other), judgements (including awards), executions, liens, attorney fees and costs (even of resulting from a third-party action) and that would be related to the User’s download, installation or use of any of the Platforms.
Further, the User will compensate and hold harmless Eminos Limited if he violates this Agreement or causes an intentional or unintentional to Eminos Limited or any of its Platforms.

22. APPLICABLE LAW AND JURISDICTION

This Agreement and your download, installation or use of any of our Platforms shall be governed by English law without a reference to the rules of conflict of laws and regardless of the jurisdiction where the User is based. The User irrevocably and finally agrees that the courts of London shall be exclusively competent to settle any dispute and similarly agrees to submit all disputes to the jurisdiction of the London courts.

23. SEVERABILITY

If any provision of this Agreement is declared null or unenforceable by any competent court, the valid and enforceable part of this provision shall remain in full force and effect and the null or unenforceable part of that provision shall be considered automatically replaced by a valid and enforceable provision that matches to the closest extent the initial intention included in the null or unenforceable provision. Of course, the remainder of the provisions of this Agreement shall always remain in full force and effect.

24. ASSIGNMENT

The User cannot assign or license any right or obligation under this Agreement. Eminos Limited can always assign all or parts of this Agreement.

25. ENTIRETY

This Agreement in addition to any other rules, policies… that may figure on the Platforms constitute the entire agreement between the User and Eminos Limited.

26. NO WAIVER

The failure by Eminos Limited to enforce or exercise any of its rights or any provision under this Agreement will in no way constitute a waiver by Eminos Limited of this right or provision.

Eminos Limited Cookies Policy

Last update on 1 August 2023

Our website (the “Website”) and our mobile applications (the “Mobile Applications”) use cookies.

1. What are cookies?

A cookie is a small text file that is downloaded on a terminal equipment (a computer, a smartphone…) when a user accesses a website. This cookie allows the website to recognize that user’s device and store some information about the user’s preferences or past actions.
Similar technologies such as scripts or pixels that perform the same function as a cookie are considered cookies for the purpose of this document.

2. Why are cookies used?

Cookies are widely used by most websites and mobile applications to make the website or the mobile aplications work or to make them more efficient or to improve your experience. Cookies are also used to provide the owner of the website and of the mobile applications (in this case, Eminos Limited) or other third parties with some information for analytical purposes.

3. Grant of Limited Licence

Necessary cookies	These cookies are necessary for the proper operation of the Website or the Mobile Applications. They allow you to visit, browse and use their features. Your consent is not required for this type of cookies.
Analytics cookies	These cookies collect information about how you use our Website or Mobile Applications and their purpose is to improve the functions of the Website or of the Mobile Applications. Being non-necessary, analytics cookies require your consent

4. Do I need to give my consent on the use of cookies?

Yes, you do.
When you first visit the Website or when using any of the Mobile Applications for the first time, we ask for your consent for non-necessary cookies and clearly give you the chance not to grant it to us. Note however that denying the use of cookies might impact features or functionalities on our Website and Mobile Application.
Note also that we may list information regarding our use of cookies on the stores where the Mobile Applications are posted.

5. Can I change my cookies settings?

You can change your cookies settings in your browser. Most browsers (and all the major ones) give you the possibility to refuse, to accept cookies or even to delete them. How this is done varies from browser to browser and even from browser version to browser version. We always recommend having the latest browser version but this really is up to you. For this reason, the best would be to go on the Help section of your browser and follow the instructions there.
For the Mobile Applications, the cookie settings can be changed inside the Mobile Applications.

6. Where can I find other documents that might interest me?

You can always check our Terms and Conditions and our Privacy Policy.

7. Contact

Our contact details are: Name: Eminos Limited (a private company limited by shares)
E-mail: [email protected]
Please mention in the subject of your email that you are contacting us regarding a matter related to our Cookies Policy.

Eminos Limited Privacy Policy

Last update on 1 August 2023

Our contact details

Name: Eminos Limited (a private company limited by shares)
E-mail: [email protected]
For information on our cookies, please check our Cookies Policy.

This privacy policy (hereinafter the “Privacy Policy”) clarifies how Eminos Limited processes your personal information that we collect about you, that you provide to us or that we may collect from other sources. Note that you may interact with us through our website (hereinafter the “Website”) or any of our mobile applications (hereinafter the “Mobile Applications”) and that we also could interact with you through different ways including by email or by sending you notifications provided you have enabled the receipt of any such notification on your phone, tablet, computer… (hereinafter the “Device”). Together the Mobile Applications and the Website are referred to as the “Platforms” or a “Platform”. The word “Platforms” or “Platform” also include all that can be found on them including any and all content, feature, functionality… We invite you to read this Privacy Policy very carefully.
Any amendment to this Privacy Policy will be posted on our Mobile Applications and on our Website. These amendments will enter into full force and effect on the date mentioned under “Eminos Limited Privacy Policy”. The fact that you continue to use any of our Platforms means that you have agreed to the amended Privacy Policy. For this reason, we invite you to check this page periodically.
We may provide links to websites of other companies or organizations. This Privacy Policy does not apply to how that company or organization processes personal information and we encourage you to read the privacy notices on the other websites you visit.

Please note that if you are not convinced or do not agree with this Privacy Policy, your best remedy is to simply stop using all our Platforms.

1. The type of personal information we collect

The personal information you may give us by:
1. Opening an account or registering with us (for this to happen, you will have to give us your name and email address)
2. Calling, chatting, emailing us or through any other means of communication
3. Downloading or installing or using one of our Mobile Applications
4. Interacting with us (subscription payment, in-app purchase, entering competition…). Note that we will never ask for your credit card information as all payments on our Mobile Applications happen through the applications stores.
5. Requesting our support by sending us messages, emails…
6. Sharing information on any social media
7. Filling forms, surveys…
8. Adding your email to a mailing list
9. Subscribing to one of our Mobile Applications’ plans
10. Using our Website and/or Mobile Applications
The personal information we may collect about you:
When you visit our Website or any of our Mobile Applications, we may automatically collect the following information:
1. Information of a technical nature (such as IP address to connect your Device to the internet, the type of your Device and its unique identifier, mobile operating system, mobile network information, login information, browser name and version, settings, regional settings, time zone, traffic data, weblogs…)
2. Information about when and how you visit our Website or any of our Mobile Applications (including what you search for, what pages you visit, how long you stay on them, what do you like, what do you add to your guide, URLs, errors, crashes, scrolls, clicks…)
3. Information about where you are if you enable location services from your Device’s settings. Note that you can at any time disable location services from your Device’s settings
4. Information stored on your Device
The personal information we receive about you from other sources:
In the course of our activity, we may receive personal information about you from other sources such as analytics, partners, sub-contractors…
The personal information we collect may be your full name, your email address, your exchange of communication with us, your phone number, your username and password, social media account information, and any other information you may share with us directly or indirectly.

We may share this information with our directors, our officers, our shareholders, our employees, our partners, our contractors, our sub-contractors, our affiliates….

We may combine and compile the information we collect about you.

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases we rely on for processing this information are if:

We have a contractual obligation to do so,
We have a legal obligation to do so,
We have a vital interest in doing so,
We need to do so in order to perform a public task
We have a legitimate interest in doing so. In this respect, we will always balance between your rights and our legitimate interests. But you should know that our legitimate interest includes the use of your information to: (a) Promote our business, develop new offers…, (b) Provide an enhanced experience to you and our users, (c) Create statistics that are fully owned by us, (d) Maintaining and improving the Platforms and their content, (e) Checking that no infringement is occurring on the Terms and Conditions, (f) Checking for the Platform’s integrity, and (g) Contact and contract with third parties to develop new features, offers… to further our business

You should know that we can disclose your personal information to third parties if we decide to sell our business or buy another business.

How we store your personal information:
We have security measures to prevent personal information from being disclosed, modified, lost by accident or used or accessed in any illegal or unauthorized way. You accept that these measures are limited by the facts that the Internet and internet connections are not always secured and as such, we cannot guarantee that any personal information will not be impacted by just being shared or transferred through the Internet. Your personal information can be stored, transferred, processed in the UK or outside the UK.

We keep your personal information for as long as necessary to satisfy the objectives for which we collect them including allowing you to benefit from the Platforms we propose. This includes any legal, financial, reporting, accounting requirement.
You must also know that there are ways to make your personal information anonymous meaning that it would no longer be associated with you. In this case, we will always be able to use such information without informing you.

Your data protection rights
Under data protection law, you have rights including:

Your right of access: You have the right to ask us in writing and after sharing with us a proof of identity for copies of your personal information. We will provide you with these information as soon as practically possible and within one month of your valid request, unless the request is complex.
Your right to rectification: You have the right to ask us in writing and after sharing with us a proof of identity to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure: You have the right to ask us in writing and after sharing with us a proof of identity to erase your personal information in certain circumstances.
Your right to restriction of processing: You have the right to ask us in writing and after sharing with us a proof of identity to restrict the processing of your personal information if a disagreement arises related to its accuracy.
Your right to object to processing: You have the the right to object in writing and after sharing with us a proof of identity to the processing of your personal information in certain circumstances.
Your right to data portability: You have the right to ask us in writing and after sharing with us a proof of identity that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a valid request, we have one month to respond to you. Please contact us at [email protected] if you wish to make a request and please mention in the subject of your email that you are contacting us regarding a matter related to our Privacy Policy.

How to complain:
To complain, the best way is to contact us at [email protected]
You are also entitled to make a complaint to the Information Commissioner’s Office at https://ico.org.uk/.