These Service Terms govern your access and use of XHOCKWARE’s mobile Application as branded as “Evaristo” or branded as a Client customized version based on Evaristo.
Please read this “Terms“ carefully and proceed its use only if you understand and agree with it. These Service Terms apply to you as a User.
By “Users”, “Shoppers” or “End Users”, we mean the individuals using any of the services rendered by XHOCKWARE, and that willingly agree and comply to the terms set by the “Service Terms”.
By “Clients” or “Clients” we mean our Clients, usually Restaurants, Cafes, CoffeeShops or Shopping Malls. These are 3rd Party legal entities that sign a service agreement or business contract with XHOCKWARE for rendering any of the services provided to by the company, to their Clients, staff or stores.
Client has separately agreed to our Client Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Client to allow users to complete a shopping journey at any of its location and to pay on an existing checkout. The Contract contains our commitment to deliver the Services to Client, who may then incentivize Users to use Evaristo in its stores.
We consider your Loyalty Card information as Personal Data. This unique identifier is part of a separate agreement between you and the Client, is retained but has no meaning within Evaristo except for your convenience to take advantage of any special benefits you are entitled to.
Evaristo (or any customised version based on Evaristo made available as a Client’s Branded version), is a “pre-ordering food” platform, a property of XHOCKWARE with an App available for free download on the App Store and Google Play Store.
Evaristo is a “Pre-ordering/Order-ahead Food App”. Evaristo is for time-conscious and on-the-go people who like to bypass the long restaurants ordering queues at the busy business districts or shopping malls. By avoiding the queue to order, you can pick up your food at the location without having to wait in a queue or pay extra fees. While you are seated at a comfortable location in the food court, in your office or home, place your order and get notified when it is ready for pickup.
2. User, Usage; and Client Data
Users have full control of their personal information, by providing or revoking consent to XHOCKWARE to collect, share and use User’s personal data.
Usage Data is collected when Users access Evaristo’s mobile App or any of XHOCKWARE services. Usage information may include usage information when ordering food, or for any interaction with the app.
XHOCKWARE will not share or receive from Clients’s any of the End User’s personal information.
In the extreme case of when the User makes purchases that include a loyalty card identifier, this identifier may be shared with the Client. This identifier has no relevance to, nor is processed by XHOCKWARE, as no matching loyalty or personal information for the User is made available to us, or will ever be shared by a Client.
As the User, you control the information allowed to be used by the Service, although some features may not be available until you explicitly provide consent to XHOCKWARE to use it.
The User can, at any time, restrict or authorize Evaristo Service to collect identified User information, Usage data of the Service, sales information, processing of anonymized information by Evaristo’s Clients and Evaristo.
If a User does not desire to share Personal Data with Evaristo, it is still possible to benefit from the service as Shopping Data and Usage Data still allows for basic food ordering.
At any moment, Users can modify or delete User Data, like Personal contacts, and other information related to their orders like lists of favourite restaurants, and history of the food ordering.
With the User’s explicit consent, XHOCKWARE can interact with the User to send customized suggestions or recommendations, service notifications, discounts or promotions or special offer from Evaristo, corresponding to offers from XHOCKWARE or from our Clients (normally Restaurants), including those based on location data.
User can delete the App on his/her smartphone without announcement or requiring any previous consent from XHOCKWARE. You Should, however, bear in mind that deleting the app from your smartphone does not constitute an explicit act or exercise of your right to be forgotten.
If you exercise your right to be forgotten, all your personal information will be deleted or anonymised, and all your usage data is kept for auditing, statistics, and operational purposes but no longer is associated to you or any other user.
Recovery from your right to be forgotten is not possible after the moment you decide to exercise it.
As a User, you have full ownership over your data and have the right to request a digital copy of all the data XHOCKWARE holders on you, and even to share it with any 3rd party entity or organization as per your instructions.
XHOCKWARE is not responsible to provide the information on a specific format or medium, to deliver the information to the appointed Processing Entity, or for any misuse resulting from external entities after this event.
XHOCKWARE is entitled to ask for financial compensation when special requests are made for sharing information, large volumes of data or special mediums to convey the information. XHOCKWARE may accept this request at its own discretion.
If you have any questions, feel free to contact us on firstname.lastname@example.org or at our Headquarters at
R da Constituição 352,
4200 – 192 Porto, Portugal
3. General Provisions Email and Messages
Except as otherwise set forth herein, all notices under the Service Terms will be by email. Notices to Xhockware should be sent to email@example.com, except for legal notices, which must be sent to firstname.lastname@example.org. A notice will be deemed to have been duly given the working day after it is sent, in the case of a notice sent through email. Notices under the Contract will be delivered solely to Client in accordance with the terms of that agreement.
You must confirm your acceptance of the revised terms and conditions to continue using the Services.
Governing Law & Courts
The Service Terms, including any terms incorporated by reference into the Service Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.