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Appetit Ltd. and its affiliates (“Company”, “we” or "us") welcome you to
Appetit, a mobile application available on the Apple AppStore and Google
Play (hereinafter, “Appetit” or "Service"), which offers a community
marketplace for hosts and guests to have food events together. Appetit
connects hosts who offer their hosting skills, food and home facilities to
guests seeking to participate in such food events. Each of Appetit’s users,
whether hosts or guests (“User” or “you”), is invited to use and enjoy
Appetit in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms By logging to, connecting to, accessing or
using Appetit, you acknowledge that you have read and understood the
following Terms of Use including the Privacy Policy Terms (collectively,
the "Terms") and you agree to be bound by them and to comply with all
applicable laws and regulations regarding your conduct on Appetit. IF
YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT CONNECT TO,
ACCESS OR USE APPETIT IN ANY MANNER. The Terms may be revised
and updated from time to time, with or without any notice. The Company
shall make reasonable efforts to post a prominent notice in case the Terms
shall change substantially. The Company urges you to check the Last
Revised date which appears at the top of the Terms and to review the
Terms from time to time. You can review the most current version of the
Terms at any time at: http://www.appetit.city/terms-of-service.
By logging or connecting to, accessing or using Appetit, you acknowledge that
the Terms constitute a binding and enforceable legal contract between the
Company and any person connecting to, accessing or using Appetit.
2. What is Appetit?
Appetit is a mobile application, a social platform
which offers a community marketplace for hosts and guests to have food
events together. Appetit 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").
We, at Appetit, take great measures to provide you with the best experience
you can have while using Appetit; However, Appetit 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 Food Event and Reservation (as defined below) prior to
any engagement been made.
Participating in food events such as home meals, personal chef cook
services, dinner parties or other User's activities as a result, directly or
indirectly, from using Appetit ("Food Event"), is entirely at your own risk.
Appetit is not a party to any agreement entered into between Hosts and
Guests in any circumstances nor does it operate as a place of business for
vending food of any sort. User has the sole and ultimate responsibility
regarding compliance with all laws, regulation, religious duties (if and as
promised by Host) or any other duty relating to the Food Event. We do not
accept any liability for any loss, damage, cost or expense that you may
suffer or incur as a result of or in connection with your participation in any
Food Event conducted by a User or a third party. Certain Food Events may
be subject to separate terms and conditions incurred by their respective
Hosts, organizers etc. and we recommend that you review such terms and
conditions, as they may be.
3. Registration on Appetit 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 Appetit with any of your personal details..
Guests
To become a registered Guest on the Service, you may either join using a
third party account (e.g. Facebook) or open a User account directly on the
Service.
By registering to the Service with a third-party account (e.g., Facebook),
you hereby grant us permission to access and use your information
through that service, as permitted by that third party service, and to store
your log-in credentials for that service to enable the Service. If you do not
use a third party account, you may become a registered User of the
Service by providing us with several details about yourself. The details we
need in order to enroll you, consist of, among others, your real name,
active email address and country of residence. In the end of the
registration process you will be asked to choose a password, which must
be kept in confidence at all times. The details you voluntarily provide us
shall be maintained according to our Privacy Policy. You agree to not
disclose your username and password to any third party.
When registering on Appetit you must provide the Company only with
true, accurate and complete information. Otherwise, we will not be able to
provide you with the Service and to contact you when necessary.
Note that either as a Guest or as a Host, you will be able to edit your
personal profile information at any point, adding or removing any
information as you see fit. Information included in your profile which is
marked as public shall be available to other Users on Appetit and all
Internet users.
Appetit shall, if necessary under compliance to the laws and regulations of
the country, federal unit or any other territorial entity or organization, act
as required and deliver all relevant information of the Host’s revenues
and/or the Guest’s expenditures to the tax authorities of the Host’s and/or
the Guest’s residence (be it permanent or temporary) or place of action.
Hosts
We, at Appetit, take great measures to provide you with the best
experience you can have while using Appetit; However, Appetit 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 Food Event and
Reservation (as defined below) prior to any engagement been made.
In order to register on Appetit and enjoy the Service as a Host, you will
need to be a Guest user and to undergo the verification process by
applying for it through our mobile application. The verification process
consists of in-person interview between you and a designated Appetit
staff member or any third party of our choosing, in your home or any fitted
location of your choosing where you wish to host.
If accepted as a Host, you will receive a confirmation for joining our
Service via email to the email address you provided us upon registration
and as a push notification in the mobile application.
We reserve the right to decline offering our Hosting service to any
applicant undergoing the verification process, offering no explanation for
such action. If declined as a Host, you may or may not receive a
confirmation for not being accepted. Any Guest being declined as a Host
may re-apply for a verification process in no less than 3 (three) months
since the last notice of decline.
During the verification process you will be asked to provide personal
details such as your address and phone number. The details you
voluntarily provide us shall be maintained by us according to our Privacy
Policy.
When registering on Appetit you must provide the Company only with
true, accurate and complete information. Otherwise, we will not be able to
provide you with the Service and to contact you when necessary.
Appetit is required to collect under U.S. Internal Revenue Code and the
regulations promulgated thereunder, IRS Form W-9 from any Host
hosting in the United States. Host hosting in the United States, are
required upon registration on Appetit to provide to Appetit such properly
filled in Form W-9.
4. Reservation and Billing Arrangements
Appetit uses a third party payment processor, who may impose their own
additional charges for the use of their services on the Host, including by
deducting their charges from the payout amount. You may also be subject
to terms and conditions governing use of that third party’s service and
that third party’s persona information collection practices. As a
registered User, each Guest is welcome to make an online reservation
with any Host offering his services on Appetit ("Reservation"). You, a
Guest, may pay for your Reservation by using any debit or credit card or
any other payment method accepted by such a third-party payment
processor at the time of your reservation. As part of the Reservation
process you will be asked to fill in some details with respect to your
Reservation (such as the number of meals you wish to reserve) ("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 ranging from 5 to
20% of the service amount ("Reservation Amount").
The Reservation Amount charged from you will be kept faithfully by
Appetit and in compliance with any applicable law, and will only be
transferred to the respective Host within 7 days 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).
5. Fees and Payments
As a Guest, in order to make an online
Reservation on Appetit, 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 of Food Events they offer on Appetit, 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 Appetit 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 Appetit.
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 Appetit's fee schedule. Failing to settle your payments
including any taxes incurred with your Reservation, will prevent you from
executing your Reservation with Appetit and from further using Appetit.
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. Appetit may deduct foreign currency processing costs from any
payment. Any changes in Appetit's fee schedule will take effect
immediately after being posted on Appetit.
Appetit 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.
6. Cancellation of Reservation
All Reservations are subject to Appetit's
cancellation policy, as stated below:
Within the application there are two separate, clearly labeled, feeds: Eat
Out and Take Out.
Each feed consists of meal entries provided by the Hosts through Appetit.
Eat Out:
The Eat Out service enables the Hosts to host culinary events (such as
lunch or dinner) in their home or any other location where they applied to
be verified as the Host (Appetit is not liable nor has any knowledge of the
Host's right to host such events in such locations).
Once the Host has created an Eat Out meal entry, the Guests may book a
(one or more available) seat (or portion) sending so a request to the cook.
The Host may decline or accept each request. If accepted, the booking
amount is charged to the Guest's credit card and he is given the address of
the event and access to a direct communication channel (chat) with the
Host hosting the event.
If there is no response or the request is declined no charge takes place and
the Guest may at any time prior to any response to the request cancel his
booking with no charge.
The Host hosting the event has the right to cancel the event any time prior
to it, however in the case he accepted one or more requests for his event
the Host will be penalised in the amount of 20 Euros, which will be
charged to the Host's credit card on file.
Take Out:
The Take Out service enables the Hosts to host an event during which the
Hosts sells packed meals from their home or any other location where
they applied to be verified as Hosts (Appetit is not liable nor has any
knowledge of the Host's right to host such events in such locations).
Once the Host has created a Take Out event, the Guests may buy (one
or more available) a meal (or portion).
Once the meal is bought the meal amount is charged to the Guest's credit
card and he is given the address of the event and access to a direct
communication channel (chat) with the Host selling the meal.
The Host hosting the event has the right to cancel the event any time prior
to it, however in the case he sold one or more meals for his event the cook
will be penalised in the amount of 20 euros which will be charged to the
Host's credit card on file.
General
Once the event has commenced (stated time of meal has passed), the end
of the event is automatically triggered after 2 hours (varijabla) or can be
manually triggered by the Host through the “End Meal” function. In any
case, once the end of the event is triggered, the Guests may rate the Host
and / or their experience and they may leave a review or report a problem.
The Host may as well rate his Guests or report a problem.
Refund: if any Guest reports that the event did not take place and such
claim is found to be true or inconclusive by Appetit’s staff, any Guest
charged for the booking amount of the event is entitled to a full refund.
If any Guest reports that the event was not consistent with its description
in the meal details related to the event, or any other problems related to
their experience at the event, that Guest and any other Guest charged for
the amount of the event is entitled to a refund at the Appetit’s staff
discretion, who have the right to decline any refund requests if the event
took place as described in the event details.
If the Guest did not attend the event, that Guest does not have the right to
any kind of refund since each location (and location description) has been
verified by Appetit’s staff, and therefore it was the Guest’s choice to not
attend the event.
7. Privacy Policy
We respect your privacy and are committed to protect
the information you share with us. We believe that you have a right to
know our practices regarding the information we collect when you
connect to, access or use Appetit. Our policy and practices and the type of
information collected are described in details in our Privacy Policy. If you
intend to connect to, access or use Appetit you must first read and agree
to the Privacy Policy.
8. Minors
To enjoy Appetit Service you must be over the age of eighteen
(18). We reserve the right to request proof of age at any stage so that we
can verify that minors under the age of eighteen (18) are not using
Appetit. In the event that it comes to our knowledge that a person under
the age of eighteen (18) is using Appetit, we will prohibit and block such
User from accessing Appetit and will make all efforts to promptly delete
any Personal Information (as such term is defined in our Privacy policy)
with regard to such User.
9. Use Restrictions
There are certain conducts which are strictly prohibited on Appetit. 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
Appetit and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
• Use Appetit for any illegal, unlawful or unauthorized purposes;
• Use Appetit 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 Appetit 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 Appetit and retrieve, index and/or data-mine any
information;
• Interfere with or disrupt the operation of Appetit or the servers or
networks that host Appetit, or disobey any laws or regulations or
requirements, procedures, policies, or regulations of such servers or
networks;
• Post, publish, or otherwise make available through Appetit 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
Appetit, 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 Appetit;
• As a Host, provide falsely or inaccurate information with respect to the
service you offer through Appetit 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
Appetit.
• Transmit, distribute, display or otherwise make available through or in
connection with Appetit 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
Appetit;
• Copy, modify, alter, adapt, make available, translate, port, reverse
engineer, decompile, or disassemble any portion of Appetit in any
way;
• Create a browser, frame, border environment or GUI around Appetit;
• Link, including in-line linking, to elements on Appetit, such as images and
videos, independently from the web pages of Appetit on which they
originally appear;
• Bypass Appetit by forwarding your personal and contact details (as
emails, phone numbers or sites address) to other Users of Appetit,
whether you are a Guest or a Host, to avoid paying Reservation Fee
to us or for other purposes.
10. Intellectual Property Rights
Appetit 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 Appetit), 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 Appetit'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 Appetit,
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 Appetit's marks and logos,
whether registered or not.
11. User Generated Content
11.1 Appetit 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 within the application, pages
within the application 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 Appetit, in any way.
11.4 You represent and warrant that you are the rightful owner of the
User Generated Content you upload to Appetit 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 Appetit to use the User
Generated Content you upload to Appetit 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 Appetit.
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 Appetit or use such User Generated Content via
Appetit, 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 Appetit,
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 Appetit in its sole discretion
with or without any reason.
12. User Generated Content
12.1 As a condition for your use of Appetit, 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 Appetit 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 Appetit 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. Appetit, 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 Appetit expressly
disclaims any such representations and warranties, express or
implied in this regard.
13. Trademarks and Trade names
"Appetit", Appetit™, Company's
marks and logo and all other proprietary identifiers used by the Company
in connection with Appetit (“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
Appetit 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
Appetit may contain links to third
party websites (“Third Party Sites”), whether such links have been
suggested by the Company or shared by any. You hereby acknowledge
that the Company has no control over such Third Party Sites, and you
further acknowledge and agree that the Company is not responsible for
the availability of Third Party Sites, and does not endorse and is not
responsible or liable for any services, content, advertisements, products,
or any materials available on such Third Party Sites. You further
acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss whatsoever caused, or
alleged to be caused, by or in connection with use of or reliance on any
services, content, products or other materials available on or through any
Third Party Sites. Most Third Party Sites provide legal documents,
including terms of use and privacy policy, governing the use of such sites.
It is always a good idea to read such documents carefully before using
those sites.
15. Advertisements
The Company may integrate commercials,
advertisements and/or sponsored links, whether within or beside Appetit.
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.
16. Availability
Appetit'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 Appetit will operate at all times without
disruption or interruption, or that it will be immune from unauthorized
access or error-free.
17. Changes to Appetit
The Company may change Appetit's layout and
design from time to time, and the availability of the content and services
included therein, without giving any prior notice on Appetit. 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 Appetit and on any matters that extend the usual management of
your account, you may contact the Company at: [email protected] 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 Appetit OR IN
THE FRAMEWORK OF FOOD EVENTS HELD BY HOSTS THROUGH
Appetit, 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, Appetit, 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 Appetit WILL BE UNINTERRUPTED OR ERROR-FREE.
THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE,
IMPROVE AND MAKE ANY OTHER CHANGES TO Appetit 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 Appetit, INCLUDING BUT NOT LIMITED TO
THE AVAILABILITY, RELIABILITY, OR QUALITY OF Appetit AND/OR
THE FOOD EVENTS DISTRIBUTED THROUGH Appetit, 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 Appetit, INCLUDING BY HOSTS OR GUESTS. THE
COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE
MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON
Appetit.
20. Limitation of Liability
THE USE OF Appetit 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 Appetit OR ANY FOOD EVENT, OR THE USE OR
INABILITY TO USE Appetit, 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.
21. Indemnification
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 Appetit; (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 Appetit. 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. Appetit Ltd. Full
Address: Wenlock Road 20-22, N1 7GU, London, United Kingdom
Email: [email protected] 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
The Company may change the Terms
from time to time, including the Privacy Policy or any other policies
incorporated thereto. Substantial changes will be first notified at Appetit's
homepage. In the event that the Terms should be amended to comply with
any legal requirements, the amendments may take effect even
immediately, or as required by the law and without any prior notice. You
hereby agree and acknowledge to accept any and to be bound by any of
the changes made in the Terms and the accompanying policies. Should you
continue to use Appetit after the changes were made, it will indicate your
acceptance to the new Terms. You are recommended to review the Terms
from time to time, as they may change every once in a while.
24. Account and Service Termination
At any time, the Company may
block your access to Appetit 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 Appetit 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
Appetit's operation and loss of any data, including User Generated
Content, as a result, as long as your pending reservation is handled
properly.
25. General
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 Appetit 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 Appetit 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.
For information, questions or notification of errors, please contact us at:
[email protected] .