Zweble is an application (the “Application“) developed by Nesmos SA (“we” or “Zweble“) in order to simplify the placing of orders (the “Order“) and the payment of the bills within all the establishments using our services, whether it is a restaurant, a bar, a hotel, etc. (the “Establishment(s)“).
The purpose of these General Terms of Use (the “GTU“) is to define the conditions of our service offer (the “Service(s)“). The use of the Application and our Services is conditional upon the unreserved acceptance of our GTU and our Privacy Policy.
These Terms & Conditions were last updated on 6 March 2023.
Section 1 – Our services
By either displaying our QR codes or enabling other means of connection, an Establishment may allow you to benefit from some or all of the following Zweble Services (the “Services”):
- Access a menu of items and place an Order;
- Pay the bill, and/or obtain a receipt of a payment transaction
Please follow the instructions in the Application to know how to use the Services provided.
1.1 Accessing a menu of items and Ordering
You may view the menu of an Establishment and place all or part of your Order directly via the Application.
You are solely responsible for reviewing the menu and checking that it is suitable to you, including with the staff of the Establishment.
1.2. Paying the bill
You may pay all or part of the bill via the Application, whether this Order was placed via the Application or directly with the staff of the Establishment.
You are solely responsible for checking the details of the Establishment’s bill provided to you by the Establishment to ensure that they are correct before you pay.
Payment of bills is made available by means authorized by the Establishment, which, depending on the markets, may include debit/credit card, online payment or meal vouchers.
By paying a bill, you agree to provide accurate information and to comply with the terms and conditions of your payment providers (credit card providers, prepaid corporate services, online payment systems, etc.) (if applicable). We will not be held responsible for your failure to comply with any of these obligations.
Once the bill is paid via the Application, all of the following information is provided to the relevant Establishment: (i) the payment of the table concerned, operated and recorded via the Application and (ii) your identity, namely your first and last name. You can access your receipt on our Application. You can also have it sent to you by email, to the address you have provided.
In case of failure of payment via the Application, the payment of the bill will have to be done directly with the Establishment.
Section 2 – Your User Account
2.1 The Application does not create a user account but only takes your name and email address, which is used and necessary for the Application only during your customer journey (the “User Account“).
Only one User Account is permitted per person. You agree to create only one User Account. Account sharing is not allowed. Don’t let another person use your account, and never share your personal information used in connection with your account, including but not limited to username, password, or bank card information.
The required information provided when filling in the fields on the Application (such as your name, email address, your means of payment, i.e. credit card etc.) must be accurate and complete.
You can change the information you have entered or terminate your User Account at any time by simply exiting and without condition within the Application.
Section 3 – Terms of Use of the Application and Services
3.1 Use of the Application requires a smartphone and an Internet connection. In order to ensure proper functioning of the Application, it is optimized for the latest versions of Android or iOS and requires activation and authorization of geolocation for its use on your terminal. All hardware and software necessary to access the Application and use the Services are at your expense.
Payment via our Application implies active means of payment and attached to a solvent account.
3.2 You agree to use the Application and the Services in a fair manner, in accordance with their purpose, the applicable legal and regulatory provisions, the GTU and the practices in force.
In this respect, you agree not to, in particular:
- create fictitious profiles or use the User Account of others;
- provide inaccurate information in the data collection forms of the Application and not regularly update the information in your User Account;
- disseminate data, information or content on the Application contrary to the laws and regulations in force, public order or morality;
- refer or create links to any content or information available on the Application without our express, written and prior consent;
- use any information, content or data on the Application to provide a service that we deem, in our sole discretion, to be competitive with the Application;
- sell, trade or monetize any information, content or data on the Application or Services without our express prior written consent
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material used to provide all or any part of the Services on the Application;
- use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the Application;
- endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization.
- infringe or use any of our intellectual property rights;
- simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
- directly or indirectly disrupt or interfere with the Application or Services, or impose a disproportionately large load on the Application’s infrastructure or attempt to transmit or activate computer viruses through or on the Application
We reserve the right to restrict, suspend, modify, replace, deny access to, or delete, at our discretion and without notice, your User Account in the event of any use of the Services and/or the Application contrary to the GTU.
You will be solely responsible for any damages that may result from any breach of the above listed commitments and will indemnify Zweble from any action or damages that may result.
3.3 The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions“) on or through the Application.
Any User Contribution you post to the Site (https://zweble.com/) or via the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (i) You own or control all rights in and to the User Contributions or have a license to do so; (ii) All of your User Contributions do and will comply with these GTU; (iii) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Zweble or its affiliates, have full responsibility for such content.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
3.4. We take claims of any infringement seriously. We will respond to notices of alleged infringement under applicable laws. If you believe any materials accessible on or from the Application infringe on your rights under applicable law, you may request removal of those materials (or access to them) from the Application by submitting written notification to info@nesmos.com
Section 4 – Intellectual Property
4.1. Our rights
We hold all rights, including intellectual property rights, and authorizations, relating to all content of the Application and Services, including designs, text, graphics, images, photographs, illustrations, visuals, videos, information, logos, trademarks, designs, button icons, software, databases, audio files and other.
We grant you a limited, revocable, non-exclusive, non-transferable and strictly personal right of access to our Application and Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to the Application or the Services.
You acknowledge that the use of the Services and features of the Application does not entitle you to claim any intellectual property rights of any kind on all or part of them, no assignment or license being granted to you beyond the right of use provided herein.
Our name, the term “Zweble,” our logo and all related names, logos, product and service names, designs, and slogans are trademarks of Zweble or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans found in the Application or Services are the trademarks of their respective owners.
Any use of all or part of the aforementioned elements, without our express, prior and written authorization and/or that of the Establishments, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.
Section 5 – Liability
5.1. The conditions for the realization of the Orders (placing, follow-up, execution) are under the sole responsibility of the Establishment Institution.
We only play a technical role in the context of your use of the Services and the Application and shall in no way act as a vendor of the products of an Establishment, as an employer or guarantor of an Establishment and/or as a guarantor for you.
You are required to organize with the Establishments the legal and financial conditions of your relations for which you will be the only ones responsible, in compliance with the applicable legal and regulatory conditions. Thus, we cannot be held responsible, in particular, for the failure of the Establishments by not complying with their obligations, for any damage caused to you by the products of the Establishments or to any third party, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of an Establishment, or from an event attributable to a third party or to a case of force majeure.
5.2. The information relating to the Establishments (menus, allergens, product availability, conditions of service and any other offers, graphics and photographs illustrating the products of the Establishments, link to a third party site set up by the Establishment) has been communicated by the Establishment where the Order is placed, under its sole responsibility. We do not verify or control this information. We cannot guarantee that this information is complete and up-to-date. It is your responsibility to request any confirmation or additional information directly from the Establishment.
In case of difficulty encountered with an Establishment, we naturally remain at your disposal. To do so, you can contact us through our support mechanisms at our Application.
5.3. You are solely responsible for the consequences of your use of the Application and of our Services. You are responsible for ensuring that your use of the Application and our Services complies with the legal and regulatory provisions in force as well as with the GTU. We do not give you any guarantee in this respect.
5.4. You may not blame us for the non-receipt or loss of data transmitted on the Application, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.
5.5. In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the GTU on any basis whatsoever.
5.6. We shall not be liable for any delay in the performance or non-performance of the GTUs justified by a case of force majeure, as defined by the applicable laws.
5.7. Finally, you are aware of the technical hazards and access interruptions that may occur on the Application and more generally related to the Internet. Consequently, we cannot be held responsible for the unavailability or slowdown of the Services and/or the Application.
Section 6 – Legal Notice
The Application is created, upgraded, managed and published by Nesmos SA, whose principal place of business is located at:
Nesmos SA
Chemin du Presbytére 5
1294 Genthod
Switzerland
Email address: info@nesmos.com
Contact Number: +41 79 465 08 44