Last revised: November 4th, 2015
Acceptance of the Terms
By using EatAbout.co, whether as Host or Guest (“User” or “you” ) you signify that you have read, understand and agree to be bound by these Terms of Service. EatAbout reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. EatAbout may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms at any time at: www.eatabout.co/en/infos/terms
Registration and Eligibility
You may browse EatAbout and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with EatAbout and represent, warrant and covenant that you provide EatAbout with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your EatAbout account. You shall not:
You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your EatAbout password. You shall never use another user's account without such other user's prior express permission. You will immediately notify EatAbout in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. EatAbout is concerned about the safety and privacy of all its Users, especially children.
By registering to the Service, you affirm that you are 18 years of age or older and that you accept the Terms & Conditions. If you are under 18 years of age you may not use the Service on behalf of yourself or any other person or entity, and you must not provide EatAbout with any of your personal details.
We, at EatAbout, take great measures to provide you with the best experience you can have while using EatAbout; However, EatAbout has no control over the conduct of any Hosts, Guests or any other User and disclaims all liability in this regard. Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Guests and Hosts all necessary details related to their Reservation (as defined below) prior to any engagement being made.
Reservation and Billing Arrangements
As a registered User, each Guest is welcome to make an online reservation with any Host offering his services on EatAbout ("Reservation"). You, a Guest, may pay for your Reservation by using the credit card form provided. As part of the Reservation process you will be asked to fill in some details with respect to your Reservation (such as the food you wish to have and food allergies, if any) ("Contact Form") and wait to receive a confirmation by the Host you made a certain Reservation with. The Contact Form you have filled in will be delivered automatically to your respective Host. Once your Reservation is confirmed, the Company will notify you by email that your Reservation is confirmed ("Reservation Confirmation") and then will charge you for the full service amount, which includes a Reservation Fee of 10% of the service amount ("Reservation Amount"). The Reservation Amount charged from you will be kept faithfully by EatAbout and in compliance with any applicable law, and will only be transferred to the respective Host after your Reserved Food Event and provided that no cancellation notification was made by you before that day.
Fees and Payments
As a Guest, in order to make an online Reservation on EatAbout, you will be requested to provide the Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name, contact details and the Contact Form you filled in, in order to place your Reservation with the respective Host and to provide you with the Service.
Hosts are required to post prices including all applicable taxes for Reservation they offer on EatAbout, as such Reservation may be subject to taxation, as required or ordered by the applicable tax law in the country in which respective Hosts reside.
Hosts are solely responsible to determine the applicable taxes and are hereby required to comply with the applicable tax law and pay any taxes including VAT, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Reservations made of their respective Food Events via EatAbout or the payment thereof and they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law. Note that failing to pay such taxes, as ordered by applicable tax law or to comply with any provisions the applicable tax law may prevent such Hosts from continuing publishing their Food Events on EatAbout.
The Reservation Amount charged from Guests will be kept faithfully by EatAbout and in compliance with any applicable law, and will only be transferred to the respective Host every Monday of the month for Host's Reserved Food Event and provided that no cancellation notification was made before that day by either the Guest or the Host. Host will be paid Reservation amount after deduction of Reservation Fee including of money collection and money transfer fees (e.g. PayPal fees).
You, a Guest, represent and warrant that you will pay to your Host all fees and taxes incurred with your Reservation in a timely manner and in compliance with EatAbout's fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with EatAbout and from further using EatAbout. Notwithstanding the above, Company shall reserve the right, but have no obligation, to withhold any applicable taxes and obtain any other remedies available by law.
The Company may, at any time and at its sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms. EatAbout may deduct foreign currency processing costs from any payment. Any changes in EatAbout's fee schedule will take effect immediately after being posted on EatAbout.
EatAbout may provide a feature through which Users may view their Fees in foreign currencies. This information is believed to be accurate, but we do not warrant or guarantee such accuracy. You hereby agree and acknowledge that these views of Fees are for your convenience and informational purposes only. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs.
Cancellation of Reservation
All Reservations are subject to EatAbout's cancellation policy, as stated below:
Your Reservation shall be deemed cancelled only upon receipt of EatAbout confirmation of your cancellation.
The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest.
In case a Host cancels Guest’s Reservation to participate in a Food Event, Company will credit Guest with the full Reservation Amount such Guest has paid to EatAbout. Company reserves the right to charge the cancelling Host with the Reservation Fees collected.
Additionally, EatAbout reserves the right to charge back from Hosts the Reservation Amount they received for organizing certain Food Event if upon the receipt of a complaint by a Guest with respect to such Food Event, it believes, at its sole discretion, that such Food Event was not compatible with EatAbout standards of service or in case of any misconduct of the Host.
EatAbout shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Host’s or Guest’s cancelation of a Reservation of Food Event.
There are certain conducts which are strictly prohibited on EatAbout. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to EatAbout and may also expose you to civil and/or criminal liability.You may not, whether by yourself or anyone on your behalf:
User Generated Content
EatAbout allows you to upload, post, publish and make available through it, your own copyrightable materials such as text, images, photos, videos, and any other proprietary materials, including without limitation Hosts' posts on their pages and/or any part thereof and links to copyrightable materials (the "User Generated Content").
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on EatAbout, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to EatAbout or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable EatAbout to use the User Generated Content you upload to EatAbout and that such User Generated Content does not infringe any third party's copyright or other rights.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with EatAbout. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
When you upload, post, publish or make available any User Generated Content on EatAbout or use such User Generated Content via EatAbout, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with your name, details, trade-marks, service-marks and logos, in connection with EatAbout, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You agree that the Company may remove at any time any User Generated Content you have uploaded to EatAbout in its sole discretion with or without any reason.
Intellectual Property Rights
EatAbout and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of EatAbout), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to EatAbout's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of EatAbout, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of EatAbout's marks and logos, whether registered or not.
Trademarks and Trade names
"EatAbout", EatAbout™, Company's marks and logo and all other proprietary identifiers used by the Company in connection with EatAbout (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on EatAbout belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
Links to Third Party Websites
Profile Changes and Cancellation of User Profile
At any time, you may change, edit, correct or delete any and all information included in your personal profile. For the cancellation and removal of your account from EatAbout and on any matters that extend the usual management of your account, you may contact the Company at: email@example.com with such specific request. Company shall terminate your account and remove any information pertaining to you from the Service within reasonable time upon receiving your request for account cancellation. We will attempt to comply with any request to the best of our capabilities.
Refund, Disclaimer and Warranties
In the event of misleading representation or misconduct on EatAbout or in the framework of food events held by hosts through EatAbout, company may decide, in its sole desecration, to credit you with a refund for the reservation amount paid or part thereof and charge the host with this amount. No action of the company may be construed as accepting any liability other than as mentioned herein.
Notwithstanding the foregoing, EatAbout, including without limitation any content, data and any information related thereto, is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
The company does not warrant that EatAbout will be uninterrupted or error-free. The company may correct, modify, amend, enhance, improve and make any other changes to EatAbout at any time or to discontinue displaying or providing any content or features without a notice to you.
The company hereby disclaims all warranties and conditions with regard to the use of EatAbout, including but not limited to the availability, reliability, or quality of EatAbout and/or the food events distributed through EatAbout, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through EatAbout, including by hosts or guests. The company does not endorse any entity, product or service mentioned in any user generated content available on EatAbout.
Limitation of Liability
The use of EatAbout and participation in any food event is solely at your own risk. Except as provided herein, in no event shall the company be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of EatAbout or any food event, or the use or inability to use EatAbout, regardless of whether the company or an authorized representative of the company has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to your reservation fees.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of EatAbout; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to EatAbout. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Misconduct and Copyright
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company's address for reporting any misconduct is specified below: firstname.lastname@example.org
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the address specified above.
Amendments to the Terms
Any claim relating to EatAbout or its use thereof will be governed by and interpreted in accordance with the laws of England without reference to its conflict-of-laws principles. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.