EatWith Media Ltd. and its affiliates (“Company”, “we” or "us") welcome you to EatWith, an online social platform available at www.EatWith.com (hereinafter, “EatWith” or "Service"), which offers a community marketplace for hosts and guests to have food events together. EatWith connects hosts who offer their hosting skills, food and home facilities to guests seeking to participate in such food events. Each of EatWith's users, whether hosts or guests (“User” or “you”), is invited to use and enjoy EatWith in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
2. What is EatWith?
EatWith is an online social platform which offers a community marketplace for hosts and guests to have food events together. EatWith is designed to enable Users to offer their hosting skills, food and home facilities as hosts ("Host/s") and allowing other Users to participate in food events of such Hosts as guests ("Guest/s").
3. Registration on EatWith and Personal Profile
By registering to the Service, you affirm that you are 18 years of age or older and that you accept the Terms. 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 EatWith with any of your personal details..
4. Reservation and Billing Arrangements
As a registered User, each Guest is welcome to make an online reservation with any Host offering his services on EatWith ("Reservation"). You, a Guest, may pay for your Reservation by using the PayPal service. 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 15% of the service amount ("Reservation Amount"). The Reservation Amount charged from you will be kept faithfully by EatWith and in compliance with any applicable law, and will only be transferred to the respective Host 24 hours following your arrival to your Reserved Food Event and provided that no cancellation notification was made by you before that day (please see our Cancelation Policy here.
5. Fees and Payments
Hosts are required to post prices including all applicable taxes for Reservation of Food Events they offer on EatWith, 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 EatWith 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 EatWith.
The Reservation Amount charged from Guests will be kept faithfully by EatWith and in compliance with any applicable law, and will only be transferred to the respective Host 24 hours following Guest arrival to Host's Reserved Food Event and provided that no cancellation notification was made before that day by either the Guest or the Host (please see our Cancelation Policy here).
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 EatWith's fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with EatWith and from further using EatWith. 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. EatWith may deduct foreign currency processing costs from any payment. Any changes in EatWith's fee schedule will take effect immediately after being posted on EatWith.
EatWith 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.
- If a Reservation is cancelled by a Guest at least 48 hours prior to the applicable Food Event date, the Host shall not be paid any of the Reservation Amount and the Guest shall be reimbursed the full Reservation Amount net any commissions and fees paid by Eatwith (e.g – PayPal fees).
- If a Reservation is cancelled by a Guest between 24 and 48 hours prior to the applicable Food Event date, the Host shall be paid 50% of the Reservation Amount and the remainder shall be returned to the Guest net any commissions and fees paid by Eatwith.
- If a Reservation is cancelled by a Guest less than 24 hours before the applicable Food Event, the the Guest shall not be entitled to any return, credit or reimbursement.
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 EatWith. Company reserves the right to charge the canceling Host with the Reservation Fees collected.
EatWith 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.
Additionally, EatWith 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 EatWith standards of service or in case of any misconduct of the Host.
There are certain conducts which are strictly prohibited on EatWith. 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 EatWith and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- Use EatWith for any illegal, unlawful or unauthorized purposes;
- Use EatWith in any form of spam, unsolicited mail or similar conduct.
- Allow access to your account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors;
- Use EatWith for non-personal or commercial purposes other than as a Host without Company’s express prior written consent;
- Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access EatWith and retrieve, index and/or data-mine any information;
- Interfere with or disrupt the operation of EatWith or the servers or networks that host EatWith, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Post, publish, or otherwise make available through EatWith any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Impersonate any person or entity or provide false information on EatWith, whether directly or indirectly;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about EatWith;
- As a Host, provide falsely or inaccurate information with respect to the service you offer through EatWith for Guests, including, but not limited to any representation you make with respect to your Food Events, including the hosting place and the food you offer on EatWith.
- Transmit, distribute, display or otherwise make available through or in connection with Eatwith any content, including User Generated Content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
- Bypass any measures we may use to prevent or restrict access to EatWith;
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of EatWith in any way;
- Create a browser, frame, border environment or GUI around EatWith;
- Link, including in-line linking, to elements on EatWith, such as images and videos, independently from the web pages of EatWith on which they originally appear;
- Bypass EatWith by forwarding your personal and contact details (as emails, phone numbers or sites address) to other Users of EatWith, whether you are a Guest or a Host, to avoid paying Reservation Fee to us or for other purposes.
10. Intellectual Property Rights
EatWith and the Intellectual Property rights pertaining thereto (other than User Generated Content), 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 EatWith), 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 EatWith'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 EatWith, 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 Eatwith's marks and logos, whether registered or not.
- 11.1 EatWith allows you to upload, post, publish and make available through it, your own copyrightable materials such as literary works, text, images, photos, videos, strips 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").
- 11.2 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.
- 11.3 You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on EatWith, in any way.
- 11.4 You represent and warrant that you are the rightful owner of the User Generated Content you upload to EatWith 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 EatWith to use the User Generated Content you upload to EatWith and that such User Generated Content does not infringe any third party's copyright or other rights.
- 11.5 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 EatWith. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
- 11.6 When you upload, post, publish or make available any User Generated Content on EatWith or use such User Generated Content via EatWith, 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 EatWith, 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.
- 11.7 You agree that the Company may remove at any time any User Generated Content you have uploaded to EatWith in its sole discretion with or without any reason.
12. User Generated Content
12.1 As a condition for your use of EatWith, you hereby represent and warrant that:
- You will not infringe or violate any of the Terms;
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use EatWith in accordance with these Terms, and to fully perform your obligations hereunder;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- Host herby appoints EatWith as the Host's limited agent solely for the purpose of collecting payment made by Guests on behalf of Host.
- It is the responsibility of the Host to assure that a Food Event is conducted in compliance with all applicable laws, rules and regulations, including with respect to any tax obligations relating to the Food Events. EatWith, its officers, directors, employees, agents and independent contractors make no representation, warranty or assurance to you with respect to the existence, scope and/or compliance as required or ordered by any applicable laws, rules and regulations with respect to such Food Events and EatWith expressly disclaims any such representations and warranties, express or implied in this regard.
- 25.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- 25.2. Any claim relating to EatWith or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
- 25.3. Any dispute arising out of or related to your use of EatWith will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa and the Center ("Merkaz") Districts, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
- 25.4. 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.
- 25.5. 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.
- 25.6. 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.
13. Trademarks and Trade names
"EatWith", EatWith™, Company's marks and logo and all other proprietary identifiers used by the Company in connection with EatWith (“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 EatWith 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.
14. Links to Third Party Websites
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside EatWith. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
EatWith's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that EatWith will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
17. Changes to EatWith
The Company may change EatWith's layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on EatWith. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
18. 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 EatWith 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.
19. Refund, Disclaimer and Warranties
IN THE EVENT OF MISLEADING REPRESENTATION OR MISCONDUCT ON EATWITH OR IN THE FRAMEWORK OF FOOD EVENTS HELD BY HOSTS THROUGH EATWITH, 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, EATWITH, 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 EATWITH WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO EATWITH 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 EATWITH, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF EATWITH AND/OR THE FOOD EVENTS DISTRIBUTED THROUGH EATWITH, 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 EATWITH, INCLUDING BY HOSTS OR GUESTS. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON EATWITH.
20. Limitation of Liability
THE USE OF EATWITH 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 EATWITH OR ANY FOOD EVENT, OR THE USE OR INABILITY TO USE EATWITH, 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 EatWith; (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 EatWith. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
22. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, 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.
EatWith Media Ltd.
Full Address: 40 Namal Tel-Aviv St. Tel-Aviv
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.
23. Amendments to the Terms
24. Account and Service Termination
At any time, the Company may block your access to EatWith and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner.
Additionally, the Company may at any times, at its sole discretion, cease the operation of EatWith or the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of EatWith's operation and loss of any data, including User Generated Content, as a result, as long as your pending reservation is handled properly.
For information, questions or notification of errors, please contact us at: firstname.lastname@example.org.