Version 4.0 in effect from May 20th 2020
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.EATWITH.COM AND SUB-DOMAINS (such as www.eatwith.com, fr.eatwith.com, es.eatwith.com, it.eatwith.com) AND ON EATWITH’S MOBILE APPS. THE CHARTERS, THE PROTECTION GUIDELINES AND TERMS ARE COLLECTIVELY REFERRED TO AS THE MASTER AGREEMENT. WE WOULD ADVISE YOU TO PRINT A COPY OF THE MASTER AGREEMENT FOR YOUR RECORDS.
1. Introduction
1.1 VizEat Limited (“Eatwith”) is a private limited company incorporated under the laws of England and Wales with the name “VizEat Limited” under number 8627663 and whose registered office address is Office G07, Dowgate Hill House, 14-16 Dowgate Hill, Cannon street, London, EC4R 2SU (United-Kingdom)
1.2 Eatwith operates websites, social media channels, APIs and applications (“Eatwith Websites”) and provides a platform, services and market place by which users may issue invitations (the “Eatwith Invitations”) offering to host or facilitate meals (or other social gatherings) (“Hosted Events”) which others may accept.
1.3 Your use of the Eatwith Websites and the services offered by Eatwith (the “Eatwith Services”) is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.4 In these T&Cs users who issue Eatwith Invitations are (in that capacity) referred to as “Hosts” and users who accept Eatwith Invitations are referred to (in that capacity) as “Guests”.A single user may be either a Host or a Guest in relation to different Hosted Events.Eatwith provides a global marketplace allowing Hosts and Guests to contract with one another.
1.5 Unless Eatwith expressly agrees to the contrary in writing, all your dealings with Eatwith will be on and subject to the terms of these T&Cs.By using the Eatwith Websites and the Eatwith Services, you agree to be bound by these T&Cs.
1.6 These T&Cs may be updated from time to time, updates will be posted on the Eatwith website and we shall endeavour to notify registered users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time.We may also modify the operation of the Eatwith Services and the amounts charged and payment mechanisms.These changes will not have retrospective application.If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Eatwith Websites and Eatwith Services. If you do not cancel your Eatwith registration you will be deemed to have accepted the changes.
1.7 Subject to your compliance with these T&Cs, Eatwith grants you a limited non-exclusive, non-transferable licence to download and install a copy of the applications forming a part of the Eatwith Websites on each mobile device or computer that you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it.Eatwith reserves all rights in the application not expressly granted to you by these T&Cs.
1.8 If you do not agree to be bound by these T&Cs, you may not use the Eatwith Websites or Eatwith Services.
2. Registration
2.1 Unregistered visitors may view the Eatwith Websites.Only registered users may post content on the Eatwith Websites and issue or accept Eatwith Invitations.Registered users are identified on the Eatwith Website by their first name and registered city and country.Eatwith may rank or rate registered users.As a user you represent to Eatwith that you will only use the Eatwith Websites and Eatwith Services for lawful purposes and where it is lawful to so use them.
2.2 You acknowledge and agree that, by accessing or using the Eatwith Websites or Eatwith Services or by downloading or posting any content to or from the Eatwith Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.3 By registering with Eatwith you agree to adhere to (i) public policies published by Eatwith on the Eatwith Websites (such as the privacy policy), and (ii) the “Guest’s Charter” in respect of any Eatwith Invitations that you accept, and (iii) the “Host’s Charter” in respect of any Eatwith Invitations you issue.You may cancel your registration at any time by following the instructions on the Eatwith Websites.If you cancel your registration we shall delete all personally identifiable information to the extent required to comply with applicable laws. You accept that we may terminate any user’s registration at any time.
2.4 Registration and access to the Eatwith Services are intended solely for persons who are 18 or older. Any access or use of the Eatwith Websites or Eatwith Services by anyone under 18 is expressly prohibited. By using the Eatwith Websites and Eatwith Services you represent and warrant that you are aged 18 years or older.
2.5 You agree to compete the registration process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date.You may maintain only one registration with Eatwith, and may not register as a Eatwith user on behalf of an individual other than yourself.Your registration with Eatwith is personal to you and may not be sold or transferred without Eatwith’s prior written agreement.You agree never to disclose your login details or password (except for the purpose of your logging in to the Eatwith Websites yourself).
2.6 By registering as a user with Eatwith you agree that Eatwith may request consumer, credit rating and similar reports on you.If Eatwith requests any such report, it will request and use it in compliance with applicable law.
2.7 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in Eatwith incurring any obligations or liabilities.
2.8 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.
3. Our content and your use of the Eatwith Website
3.1 Apart from the content generated by registered users, all the elements that make up the Eatwith Websites and Eatwith Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to Eatwith (or the person from whom Eatwith licences it).You agree that you have no entitlement to any part of the Eatwith Websites or Eatwith Services otherwise than to view content and use the communications facilities in connection with arranging and promoting Hosted Events and issuing, accepting and paying for Eatwith Invitations in accordance, in each case, with these T&Cs.You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the Eatwith Websites and Eatwith Services without Eatwith’s prior written agreement.
3.2 In using the Eatwith Website and Eatwith Services you agree that you will not:
3.2.1 Circumvent Eatwith’s legitimate commercial interests by participating in a transaction related to a Hosted Event independent of the Eatwith Websites and Eatwith Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the Eatwith brand in any way;
3.2.2 Use any part of the Eatwith Website or Eatwith Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies Eatwith endorsement, partnership or otherwise misleads others as to your affiliation with Eatwith or any of its users or partners;
3.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Eatwith Website and Eatwith Services, or (ii) collect information from or otherwise interact with Eatwith Website or Eatwith Services, or (iii) systematically retrieve data or other content from any of the Eatwith Websites to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the Eatwith Websites and Eatwith Services or the technical delivery systems of Eatwith’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the Eatwith Websites or Eatwith’s Services or Eatwith’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the Eatwith Website or any other website, application or electronic communication, or (vii) broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment;
3.2.4 Access or use any of the Eatwith Website or Eatwith Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by Eatwith in its search results pages or listing pages before a Eatwith Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by Eatwith; or (iii) in any way that violates the privacy or any other rights of any other of Eatwith’s users or any other third party;
3.2.5 Register and/or use any intellectual property of Eatwith (or persons from which it licences intellectual property) or in the name “Eatwith” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of Eatwith or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
3.2.6 Copy, store or otherwise access or use any information contained on any of the Eatwith Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the Eatwith Websites or Eatwith Services, or any individual element within the any of the Eatwith Websites or Eatwith Services, Eatwith’s name, any Eatwith trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Eatwith Websites and Eatwith Services, without Eatwith’s express written consent;
3.2.7 Interfere with or damage any of the Eatwith Websites or Eatwith Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than Eatwith Invitations);
3.2.8 “Stalk” or harass any other user of any of the Eatwith Websites or Eatwith Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);
3.2.9 Contact any Eatwith user otherwise than about a Eatwith Invitation;
3.2.10 Recruit or otherwise solicit any Eatwith user to join a third-party service or website whether or not it is competitive to Eatwith, without Eatwith’s prior written approval;
3.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by Eatwith or any of Eatwith’s providers or any other third party (including another user) to protect any part of the Eatwith Websites or Eatwith Services, forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any part of any of the Eatwith Websites or Eatwith Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the Eatwith Websites or Eatwith Services; or
3.2.12 Advocate, encourage, or assist any third party in doing any of the foregoing.
3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Eatwith Websites, Eatwith Services and ancillary documentation.You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Eatwith Website or Eatwith Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eatwith or its licensors, except for the licenses and rights expressly granted in these T&Cs.
4 Your Content
4.1 Registered users may post content on the Eatwith Websites.Anything that you post (or otherwise cause to be visible) on a Eatwith Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”).Eatwith’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent.You agree that if you have linked your Eatwith registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
4.2 You are responsible for all Your Content.By registering to use the Eatwith Websites you agree that:
4.2.1 Any representation that you publish is true;
4.2.2 You shall not use the Eatwith Websites or Eatwith Services to offer products or services other than Eatwith Invitations
4.2.3 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
4.2.4 None of Your Content shall include any images which you do not ownor which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a Hosted Event, in respect of which the relevant Host has consented to you publishing);
4.2.5 You shall not use the Eatwith Website or Eatwith Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.6 All Your Content may be made public and associated with you;
4.2.7 Eatwith is under no obligation to store and/or to publish Your Content (and Eatwith may at any time and without prior notice delete Your Content from any part of the Eatwith Website);
4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and Eatwith operates to transfer any intellectual property rights to you;
4.2.9 You grant (or shall procure the grant) to Eatwith of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the Eatwith Website;
4.2.10 Eatwith may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
4.2.11 Eatwith may use and exploit Your Content (and information that Eatwith learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Eatwith’s Services generally; and
4.2.12 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Eatwith to use your image.
4.4 By accepting these T&Cs you grant Eatwith a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the Eatwith Websites and Eatwith Services and may also include promoting or marketing the Eatwith Websites and Eatwith Services). Eatwith does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
4.5 Notwithstanding the licences granted to Eatwith pursuant to clauses 4.2.8 and 4.3, Eatwith shall use reasonable endeavours to remove such of Your Content as you request us to remove from our current Eatwith Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the Eatwith Websites).
4.6 The Eatwith Websites and Eatwith Services may provide links or referrals to other websites, services, publications or applications. Eatwith makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on Eatwith when assessing or using them and that Eatwith shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible.Eatwith assumes no responsibility for the content of websites linked on our site.Eatwith will not be liable for any loss or damage that may arise from your use of them.In this context you confirm that Eatwith is not responsible for the actions or failures of its payment providers.
4.7 You agree and consent that Eatwith may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you.Except to the extent that anything done by Eatwith create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold Eatwith harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
5. Data
5.1 By accepting these T&Cs you agree that Eatwith may collate and analyse data resulting from your use of the Eatwith Websites and Eatwith Services and may use and sell the resulting information.
5.2 Eatwith will use reasonable endeavours to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the Eatwith Services or to operate the Eatwith Website or as permitted by clause 5.3.
5.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
5.4 To the extent required by applicable law, Eatwith shall on request of the relevant registered user delete all information that is personal to that registered user. Eatwith may however (subject to applicable laws) retain data that may have been obtained by previous interactions with Eatwith provided that that data cannot be linked to any individual person.
5.5 Eatwith reserves the right to market the results of this automatic data handling.
5.6 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Eatwith, including by inappropriately using any Eatwith intellectual property.
6. Hosted Events
6.1 The Eatwith Websites and Eatwith Services comprise an online platform designed to enable Hosts to create Eatwith Invitations for Hosted Events and for Guests to learn about and book Hosted Events directly with the Hosts. You understand and agree that Eatwith is not a party to any agreements between Hosts and Guests and that Eatwith has no control over (and not liability or obligation to you in respect of) the conduct of (i) Hosts, (ii) Guests, (iii) other users of the Eatwith Websites and Eatwith Services or (iv) others attending or facilitating Hosted Events.You agree that Eatwith is not responsible for any damage or harm resulting from your interactions with other users of the Eatwith Websites or Eatwith Services and you accept that (to the maximum extent permitted by law) Eatwith disclaims all liability resulting from the conduct or any such person.
6.2 By agreeing to these T&Cs you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations) that apply to any Hosted Event.
6.3 You agree that Eatwith shall under no circumstance be held responsible or liable for any representation in a Eatwith Invitation or for a Hosted Event not running smoothly or as advertised or otherwise being unsatisfactory.
6.4 In certain circumstances, Eatwith may decide, in its sole discretion, that it is necessary or desirable to cancel a Hosted Event. In these circumstances Eatwith may determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Eatwith and the relevant Guest or Host will have no liability to you in respect of such cancellations or refunds.
7. Financial arrangements
7.1 When issuing Eatwith Invitations Hosts state the fees that they will charge each Guest, these fees are quoted inclusive of all sales and analogous or other taxes (the “Host’s Charges”).Eatwith arranges a service for these fees to be collected and held in a third-party trust account on terms that the funds will be paid in accordance with these T&Cs (arranging this collection and holding service constitutes a part of the Eatwith Services).Eatwith may charge Guests a fee for the use of the Eatwith Services (the “Eatwith Fees”).Acceptance of a Eatwith Invitation constitutes agreement to pay the Host’s Charges and any Eatwith Fees (the “Transaction Fees”).The total amount of the Transaction Fees is the amount payable by the Guest in respect of each Eatwith Invitation at the time that the Guest accepts the Eatwith Invitation.
7.2 Where applicable, the Eatwith Fees are calculated as a variable percentage of the Host’s Charges.Any Eatwith Fees are payable by the Guests at the same time as payment of the Host’s Charges.To the extent that the Eatwith Fees are subject to sales taxes, such as VAT, these taxes will be included in the total amount payable by the Guest in respect of the Transaction Fees.Where Eatwith charges Eatwith Fees it shall on request provide an invoice in respect of those Eatwith Fees, separately identifying any sales taxes charged by Eatwith.
7.3 Hosts agree and acknowledge that they are responsible for discharging all of their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. Eatwith assumes no obligations whatsoever in this regard. In particular, Eatwith assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, the VAT or sales taxes treatment of any Hosts or Hosted Events.
7.4 If Eatwith so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to Eatwith, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Hosted Events in which they have participated. Hosts shall, promptly on request, provide to Eatwith all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Hosted Events in which those Hosts have participated.Each Host agrees to indemnify Eatwith for any VAT or similar sales tax obligations which Eatwith is required to pay and which arise wholly from Hosted Events hosted by that Host.
7.5 You may only make payments in respect of Eatwith Invitations through the payment processing facilities provided on the Eatwith Websites, by special arrangement with Eatwith through its direct booking services or of through a third-party agency that is authorised by Eatwith to provide those parts of the Eatwith Services relating to processing payments.Please check with Eatwith to ensure that any third-party with whom you are dealing is properly authorised by Eatwith.If the Eatwith Invitation is transacted through an authorised third-party you may not be required to pay any Eatwith Fees, but the authorised third-party agent may instead charge an administration fee.
7.6 You agree that the sole and exclusive role and responsibility of Eatwith (and any of its authorised third-party agents) in providing Eatwith Services relating to processing payments is to arrange the collection of payments from Guests and for the payment of the amounts collected in accordance with these T&Cs (and you agree that they have no other or further liability to you in respect of any payment made).
7.7 Payments are made by Guests through selected payment providers.The terms on which the payment providers hold funds are stated in their terms.Eatwith may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from Eatwith’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Guest).
7.8 Eatwith may “round off” numbers to the nearest functional base unit in the relevant currency.Eatwith uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates
8. Insurance, disputes, resolution and refunds
8.1 Guests may need to cancel a Eatwith Invitation that they have previously accepted, in such cases please contact Eatwith at [email protected]. Guests shall qualify for a full refund of the Host’s Charges if (a) the Guest notifies Eatwith and the Host of cancellation during usual business hours in London (being 9am to 5pm on weekdays other than public holidays) before the cancellation deadline of the relevant Hosted Event, or (b) if the Host cancels the Hosted Event for any reason.
8.2 We hope all Guests enjoy every Hosted Event, however sometimes things go wrong and if a Guest believes that the Host failed to fulfil an essential obligation of the Hosted Event then the Guest may until midnight on the day following the date on which the relevant Hosted Event was scheduled to take place request that the whole or a part of the payment is refunded by using the claim form on the page summarizing the reservation or by sending an email to [email protected] specifying the Hosted Event reference, identifying the Host, specifying the amount of the Transaction Fees, saying how much the Guest wishes to be reimbursed and giving as much information as possible in relation to the problem/ relevant failures/ reasons for believing that payment should be refunded.
8.3 Eatwith has an insurance policy in force which is intended to give the benefits and protections explained on the section labelled “Guarantee” on the Eatwith Websites.Please notify Eatwith immediately at [email protected] if you have suffered loss which appears to be covered by the insurance policy. The notification should include all relevant details and include such information and evidence as is available to you to substantiate the claim. By sending the email you agree to provide us with all further information that is reasonably available to you which we request in relation to the claim, including any medical or travel details and expenses, details of any other insurance available to you and any proposed or agreed resolution of any of the circumstances relating to the claim with any third party. Eatwith agrees to indemnify or compensate you in respect of any such losses to the extent only that it is able to secure recovery from its insurance policy.Eatwith will not deduct any administration fees from any such amount so recovered.Save as provided in this clause 8.3 Eatwith has no further or other obligation or liability in respect of its guarantee.
8.4 If you have a dispute relating to a Hosted Event, we encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably. Our claims service can be contacted:
By email at the following address: [email protected]
By telephone on +33 (0)9 84 51 97 55
By post at VizEat Ltd, Acre House, 11-15 William Road, London, NW1 3ER, United Kingdom
8.5 It is important that if, as a Guest, you are not satisfied with a Hosted Event you notify Eatwith before midnight on the day following the date on which the relevant Hosted Event was scheduled to take place.Once Eatwith has released funds to the Host, it is unable to offer Guests any remedy.
8.6 Following receipt of a refund request Eatwith may direct that an amount up to the entire value of the Transaction Fees paid by the Guest (less payment transaction costs and any third-party agency fees that Eatwith is not entitled to recover) is refunded to the Guest.If, however, Eatwith believes that the complaint is without merit, of limited merit or that Eatwith is not able to assess the merit of the complaint, then Eatwith may direct that the whole or any part of the Transaction Fees are paid to the Host and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Host and the Guest.If no such resolution has been reached within six months, Eatwith may direct that 50% of the disputed element of the Host’s Charges is paid to the Host and that 50% of the disputed element of the Host’s Charges is paid to the Guest (and the Eatwith Fees shall be paid to Eatwith) or may make such other arrangements as then appear appropriate to it (which may include making payment as directed by a Court of competent jurisdiction).Eatwith shall have no further or other liability or responsibility to the Host and Guest in respect of any such claim to be refunded.You agree to abide by decisions made by Eatwith (even if the decision appears perverse to you).
8.7 Eatwith agrees to use reasonable endeavours to assess merits of claims and to act in good faith toward Guests and Hosts, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Guests and Hosts or any direction it gives as to the payments to be made to Guests or Hosts in accordance with this clause 8 and you also agree that Eatwith may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Host or Guest.
8.8 Eatwith will endeavour to make refunds to Guests through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it will may require other verification before the refund can be processed.The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
8.9By accepting these T&Cs you agree that if Eatwith has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
8.10Eatwith has not responsibility or liability in respect of any failing by a payment processor or authorised agent.
9.0The EatWith platform serves as a trusted intermediary between Hosts and Guests and maintains itself through the service fee included in each Guests' booking. This also includes insurance that protects our Hosts and Guests during their EatWith experiences. In the case that a Host or Guest offers payment alternatives outside of the platform, EatWith is no longer able to extend it's insurance to the Host or Guest and reserves the right to disable the Host's EatWith account.
9 Exclusions and limitations to Eatwith’s responsibility and liability
9.1 You agree by issuing or accepting a Eatwith Invitation you do not create any relationship with Eatwith save as expressly provided in these T&Cs. Eatwith does not control, and has no right to control, your Eatwith Invitation, your offline activities associated with your Eatwith Invitation, or any other matters related to any Eatwith Invitation that you publish.
9.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the Eatwith Websites and not, when using the Eatwith Websites or Eatwith Services, to make any factually incorrect, fraudulent or misleading statements or representations.By accepting these T&Cs you agree that Eatwith, its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the Eatwith Websites, Eatwith Services and other services provided by the payment providers and other partners.Eatwith does not, however, undertake any obligation to you to undertake any such checks and you agree that Eatwith does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the Eatwith Websites or Eatwith Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by Eatwith you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
9.3 To the extent permitted by law, Eatwith excludes all conditions, warranties, representations or other terms which may apply to the Eatwith Websites and Eatwith Services or any content on them, whether express or implied. Eatwith will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 Use of, or inability to use, any of the Eatwith Websites or Eatwith Services; or
9.3.2 Use of or reliance on any content displayed on any of the Eatwith Websites or Eatwith Services.
9.4 Subject as provided in clause 8.3, Eatwith will not be liable for:
9.4.1 Loss of profits, sales, business, or revenue;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of business opportunity, goodwill or reputation; or
9.4.5 Any indirect or consequential loss or damage.
9.5 Eatwith will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
9.6 By using the Eatwith Websites and Eatwith Services, you agree that (subject as provided in clause 8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Eatwith Websites and Eatwith Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from Eatwith with respect to such actions or omissions.
9.7 You agree that to the maximum extent permitted by law Eatwith has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the Eatwith Websites or error or omission in information or processing provided on or by the Eatwith Websites or loss of information provided to the Eatwith Websites.
9.8 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.9 Save to the extent that liability may not be excluded by law:
9.9.1 Eatwith has no liability save to the extent admitted by clauses 9.8, 9.9.2 and 9.9.3;
9.9.2 Eatwith’s liability to the Host is limited to the amount collected by Eatwith as agent of the Host in respect of the Hosted Event to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause 8.3; and
9.9.3 Eatwith’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Hosted Event to which the relevant claim relates and any amount recovered under the insurance policy referred to in clause 8.3.
9.10 You agree and confirm that if you choose to use any of the Eatwith Websites or the Eatwith Services to enter any arrangement with another person (whether in your capacity as a Guest or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the Eatwith Invitation is offered and accepted).You agree to adhere to the terms of any such agreement.You acknowledge and agree that you, and not Eatwith, are responsible for ensuring that each counter-party to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you.By agreeing to these T&Cs you also agree that Eatwith is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that Eatwith or any of its agents agrees on and subject to the terms of clause 7 and the other provisions of these T&Cs and as part of the Eatwith Services to arrange the collection, holding and payment of Transaction Fees as part of the Eatwith Services) Eatwith has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.
9.11Subject to the provisions of clause 9, you agree that none of Eatwith, its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the Eatwith Websites or the Eatwith Services even if Eatwith has knowledge or has been informed of the likelihood of the occurrence of such damage.
10 Cancellation and suspension
10.1 You may terminate your registration at any time by sending us an email from your registered email to [email protected]
10.2 Eatwith may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.
10.3 If your Eatwith registration is cancelled all Hosted Events in respect of which you had issued Eatwith Invitation will be automatically cancelled and all Hosted Events in respect of which you had accepted a Eatwith Invitation will also be automatically cancelled.Depending on the applicable cancelation policy, an appropriate refund may be issued.
11 Miscellaneous
11.1 You declare and guarantee to Eatwith that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
11.2 Some portions of the Eatwith platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
11.3 If you become aware of any content on any of the Eatwith Websites that you suspect has been posted in breach of these T&Cs please notify us by email at [email protected] will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the Eatwith Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number), (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
11.4 You acknowledge and agree that Eatwith may store personal and other information about you on your electronic devices in the form of “cookies” and other programs and devices. The use of these solely concerns the functioning of the Eatwith Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the Eatwith Websites.You acknowledge and agree that Eatwith may also store your personal information on computers and servers in Europe and beyond its borders. By using the Eatwith Website, you acknowledge and agree that Eatwith may, at its sole discretion store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
11.5 The publishing director of the Eatwith Website is the director of VizEat Ltd, Mrs. Jean-Michel Petit. The Eatwith Website is hosted and managed by VizEat Ltd.
11.6 For any question relating to the Eatwith Websites or Eatwith Services you can contact us by the following means:
By post: VizEat Ltd, Acre House, Acre House, 11-15 William Road, London, NW1 3ER, United Kingdom
By email: [email protected]
By telephone: +1 844-880-5316 (available Monday - Friday between 9am -5pm CET and Saturday 9am – 1pm CET
11.7 Reference to in these T&Cs to:
11.7.1 A “person” or “corporation” includes a reference to all legal or natural persons, partnerships, trusts, companies, governments or local authority departments and other bodies and associations (whether corporate or unincorporated);
11.7.2 An individual includes where appropriate his personal representatives;
11.7.3 The singular includes a reference to the plural and vice versa; and
11.7.4 One gender includes each gender (feminine, masculine and neuter).
11.8 References to Eatwith in the context of obligations or liabilities owed to Eatwith or other benefits or assurances given to Eatwith shall be deemed to include reference also to any company which is a subsidiary undertaking of Eatwith (“subsidiary undertaking” having the meaning given to it in section 1162 of the Companies Act 2006).
11.9 No failure or delay by Eatwith to exercise any right or remedy under these T&Cs shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.No waiver by Eatwith of any breach of these T&Cs shall be considered as a waiver of a preceding or subsequent breach.The rights and remedies provided in these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
11.10 These T&Cs and the documents referred to in these T&Cs (as in each case updated from time to time) constitute the whole agreement between you and Eatwith governing our relations and supersede all other agreements between you and Eatwith prior to the date of these T&Cs, which shall cease to have any further effect.
11.11 If a provision of these T&Cs is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of these T&Cs and the enforceability of the remainder of these T&Cs shall not be affected.
11.12 Eatwith may communicate with you by sending an email to your registered email address. It need only adduce proof that the email was sent, and is not responsible for ensuring that you receive it.
11.13 It is not intended that a third party should have any right to enforce these T&Cs pursuant to the Contracts (Rights of Third Parties) Act 1999 other than that Eatwith (being the wider group definition in accordance with clause 11.7) may rely on and enforce these T&Cs as if (in each case) named in these T&Cs in place of Eatwith.
11.14 These T&Cs shall be governed by and construed in accordance with English law and Eatwith and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the English courts.