General Terms and Conditions
Article 1 DEFINITIONS
Article 2 THE PROVISION OF BOOKINGS BY EATAWAY
Article 3 PAYMENT FOR THE MEALS AND FINANCIAL CONDITIONS
Article 4 CANCELLATION POLICY
Article 5 USER CONTENT ON THE WEBSITE
Article 6 EATAWAY ACCOUNT
Article 7 EXCLUSIONS AND LIMITATIONS OF EATAWAY LIABILITY
Article 8 APPLICABLE LAW
Article 9 LICENSE GRANT, RESTRICTIONS
Article 10 COPYRIGHT POLICY AND INTELLECTUAL PROPERTY OWNERSHIP
Article 11 TERM AND TERMINATION, INVALIDITY, MODIFICATION OF SERVICE, ASSIGNMENT
Article 12 FINAL PROVISIONS
These Terms and Conditions contain important regulations that determine your rights and obligations. They apply to your visit to and your use of our website at www.eataway.com (the "Website") as well as to all other information and/or services provided to you through the Website.
By using the Website, you enter into a contract with Eataway and the provisions of the Terms and Conditions apply to you - in this context, you are referred to as the “User”. If you do not agree to be bound by the Terms and Conditions, you are not allowed to use the Website.
1.1. Eataway has created and operates the Website which is a platform for the listing and exchange of information about meals and hosts, enabling potential guests to book a meal prepared by private parties.
1.2.The definitions listed below shall have the following meaning:
(i) “Eataway” shall mean Eataway International Limited, a private limited liability company registered and incorporated in England and Wales with company number 9866015 whose registered office is at 53 Stoke Lane, Westbury On Trym, Bristol, United Kingdom BS9 3DW (hereinafter referred to as “Eataway”, “we”, “us”);
(ii) “Website” shall mean www.eataway.com;
(iii) “Booking Service” shall mean the services set forth in Article 2 below, which are provided to you by Eataway. Eataway facilitates your meetings with people the purpose of which is to share a meal that you are going to cook as a Host or that has been prepared for you as a Guest. The Booking Services include Booking Vouchers may be exclusively addressed to people who, in their respective country, have full legal capacity;
(iv) "Booking Voucher" shall mean a proof of a booking made by Guest by virtue of which the Guest may take part in the meal at a specific time and place;
(iv) “Other Services” - any other services provided to you by Eataway through the Website, other than Booking Services;
(v) “Commission” - a fee for the performance of the Booking Services, due to Eataway from the Host;
(vi) “Host” - a person who has created a Host/User Account and has been accepted by Eataway to provide meals to Guests;
(vii) “Guest” - a person who has created a Guest/User Account in order to book Meals provided by Hosts;
(viii) “Meal” – a private food event planned and published on the Website by a particular Host for the price defined and published by the Host; such Meal may take place either in a private area of the Host or may be collected by the Guest upon his/her prior order (private club formula)
(ix) “Guest Regulation” - the document determining rights and obligations of the Guests;
(x) “Host Regulation” - the document determining rights and obligations of the Hosts;
(xi) “User” - a person (Guest, Host, third party) who visits and uses the Website;
(xii) “Eataway User Account” - an account created in order to use the Booking Services and Other Services, as determined in details in Article 5 of the Terms and Conditions;
(xiii) “Terms”, “Terms and Conditions” - these General Terms and Conditions.
THE PROVISION OF BOOKING SERVICES BY EATAWAY
2.1. Eataway enables meetings with people to share Meals that you have prepared or that has been prepared for you.
2.2. If you are passionate about cooking and meeting new people, Eataway will help you to invite guests to your home. Should you become a Host, you are also obliged to respect our Host’s Regulations.
2.3. If you like food and you love to meet new people, you may choose one of Meals proposed by our Hosts through our Website. Should you become a Guest, you are obliged to respect our Regulations for the Guests and you enter into a meal contract with the Host.
2.4. Eataway does not guarantee the minimum number of Guests to be hosted by the Hosts.
2.5. The Booking Services include:
(i) the acceptance of bookings, provided that Eataway is entitled to decline any Booking at its sole discretion;
(ii) allocation of each accepted Booking to a suitable Host; delivery of the Booking Voucher to each Guest;
(iii) monitoring online payments and the cancellation of Bookings in accordance with the Cancellation Policy, as defined below in Article 4;
(iv) monitoring the performance of the Booking by the Host;
(v) dealing with reviews, questions and eventual complaints relating to Bookings and their cancellation, which may be made by email to: firstname.lastname@example.org. Eataway encourages the Guests to provide feedback after each Meal.
2.6. Irrespective of the fact whether you are the Guest or the Host, we recommend you to get familiar with the appropriate laws of your country, concerning taxes, food safety, license to serve alcohol and other administrative laws which, as the case may be, may be applicable to you.
PAYMENT FOR THE MEALS AND FINANCIAL CONDITIONS
3.1. The prices for the Meals are available on the Website, are determined and may be modified exclusively by the Hosts. Each Guest shall make an online Booking with any Host offering Meals.
3.2. Each Guest is obliged to contribute towards the costs of the Host’s Meal. Right after the Booking is completed and online payment is effectively processed for the Meal, each Guest will receive by e-mail the Booking Voucher.
3.3. Payments for the Meals shall be effected exclusively via the Website, either by a credit card or as a wire transfer, as the case may be. Wire transfer services in respect of Bookings in Poland are provided by PayPro SA with its registered office in Poznań (60-327) at: ul. Kanclerska 15, Poznań, Poland, incorporated and operating under the laws of the Republic of Poland, registered in the National Court Register kept by the District Court Gdańsk-North in Gdańsk, under Company number (KRS) 0000347935, with Tax ID no. (NIP) 779-236-98-87, share capital in the amount of PLN 4,500,000 (hereinafter referred to as "PayPro"). For wire transfer services in respect of Bookings in Poland you agree to be bound by the Terms and Conditions ofPayPro. All other payments, including payments made by credit cards, are processed by Braintree (a Paypal company) and subject to their terms and conditions. Eataway does not store process or collect any credit card details.
3.4. As part of the Booking process, each Guest will be asked to fill in specific information with respect to his/her Booking. Once the Booking is completed, each Guest will be charged for the full amount equal to the price of the Meal plus service charges resulting from the online payment system provided by Paylane, most notably bank charges and other administrative costs, which will be displayed to the Guest prior to Booking.
3.5. The amount charged from the Guest shall be kept by Eataway and in compliance with any applicable law. The money collected for the Meal shall be charged and will only be transferred to the respective Host no later than 72 hours following the Guest’s arrival to the Meal and provided that no cancellation notification was made by the Guest before that day and provided that the Meal was served in accordance to the description of the event.
3.6. In exchange for the Booking Services, Eataway receives Commission equal to 15 % of the price of the Meal indicated by the Host on the Website. The Commission is deducted by Eataway from the price for a particular Meal paid to Eataway by a Guest through the Website.
3.7. Hosts are obliged to post prices for the Meals including all applicable taxes for the Booking they offer on the Website, as such Booking may be subject to taxation, as required or ordered by the applicable tax law in the country in which respective Hosts reside.
3.8. Eataway may, at any time and at its sole discretion, change rates and payment terms. Eataway will deduct foreign currency processing costs from any payment. Any changes in the schedule will take effect immediately after being posted in accordance with these Terms and Conditions.
3.9. Eataway may provide a feature through which Users will be able to view the total amount to pay in foreign currencies. This information is believed to be accurate, but Eataway do not warrant such accuracy. The Guests hereby agree that these views are for their convenience 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.
3.10. The Guest represents and warrants that he/she will pay to the Host all fees and taxes incurred with the Booking in a timely manner and in compliance with Eataway fee schedule. Failing to settle payments including any taxes incurred with the Booking, will prevent the Guest from executing the Booking.
CANCELLATION AND CLAIM POLICY
4.1. If the Booking is cancelled by a Guest at least 72 hours before the Meal, the Guest shall be reimbursed the full price for the Meal less any commissions, fees, card processing or banking fees paid by Eataway.
4.2. If the Booking is cancelled by a Guest between 72 and 24 hours before the Meal, the Host shall be paid 50% of the price for the Meal and the remainder shall be returned to the Guest less any commissions, fees, card processing or banking fees paid by Eataway.
4.3. If the Booking is cancelled by a Guest less than 24 hours before the Meal, the Guest shall not be entitled to any return, credit or reimbursement, and the Host shall be paid 100 % of the price for the Meal less Commission, fees, card processing or banking fees paid by Eataway.
4.4. The Booking shall be deemed cancelled only upon receipt of Eataway confirmation of the cancellation. In order to claim refund, where due, each Guest is requested to send an email to email@example.com quoting the Booking reference number indicated on the Booking Voucher. Refunds will be processed within 7 days.
4.5. Eataway reserves the right to cancel any Booking at any time upon returning full refund of the price for the Meal to the Guest.
4.6. In case a Host cancels the Guest’s Booking, Eataway will credit Guest with the full price for the Meal as paid by such Guest to Eataway.
4.7. Eataway 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 cancellation of the Meal.
4.8. Claim Policy: If a Host has not fulfilled the essential obligations in relation to the Guest (such as, for example: failing to perform the Meal, interfering in Guest’s property, failing to respect dietary restrictions of the Guest, despite a prior notification of the Host of such restrictions), the Guest is entitled, within 24 hours following the Meal, to lodge a claim by sending an e-mail to firstname.lastname@example.org. The Guest is obliged to supply concrete, true and accurate information to explain the problem. Eataway will examine the claim within 48 hours. In such a case, Eataway is entitled to suspend the payment to the Host until the claim is examined. If the claim is accepted, the payment for the Meal is refunded to the Guest as soon as possible.
USER CONTENT ON THE WEBSITE
5.1. In order to enable Guests to find out more about the Host and his/her Meal, each Host is obliged to publish texts about him/herself and his/her respective Meal, and the pictures of himself/herself. Each Guest is allowed and invited to write reviews on the Host’s profile relating to the Meals in which they have participated (“User Content”). Such User Content shall be the property of, respectively - the Host or the Guest, and the Host/Guest shall be solely responsible for their User Content.
5.2. By publishing the User Content you hereby accept that it will be available to the public. Therefore you agree that everyone may access the User Content. You acknowledge that:
(i) the User Content does not confer any rights upon you, of any nature whatsoever and no property rights, including intellectual property rights, on the Eataway Website and/or its content (other than User Content alone);
(ii) You hereby grant Eataway a worldwide, non-exclusive, transferable, sub-licensable, free license to use the User Content and you hereby empower Eataway to edit the User Content on the Website, to reproduce it (in whole or in part), to represent it, to translate it, to group it with other User Content or elements of the Website, to remove certain words in order to use them in search tools, to use it for promotional or commercial purposes. The license expires when you delete the User Content through your User Account.
5.3. However, please be informed, that:
(i) the User Content is neither edited nor moderated by Eataway, but the deleted User Content may still be visible in back-up copies for a certain time, including on search engines operated by third parties;
(ii) deleted User Content may be copied and kept by Eataway for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably authorize Eataway to do so;
(iii) You authorize Eataway to use the User Content without financial compensation, and particularly to use it both for purposes of external and internal communication, and for institutional, events, promotional or advertising purposes;
5.4. Eataway is not obliged to store your User Content and/or to publish your User Content.
5.5. You acknowledge that Eataway can, at any time and without prior notice, delete your User Content from the Website.
6.1.In order to use the Booking Services and other Services, you are obliged to set up your personal user account (“User Account”). In order to do that, you should create an available username (login) and your password (“Password”).
6.2. To create your User Account, as the Guest or the Host you must first provide Eataway with the minimum personal information: your first name, your last name, your email address, and, as the case may be, your telephone number. You hereby confirm that the pictures, including your profile picture, do not infringe any intellectual property and that they represent you.
6.3. You expressly agree and authorize Eataway to use your image on the Website. You hereby confirm that you grant a license for use under the conditions set out in the Terms.
6.4. You are committed to provide full, exact and honest information referred to in above in Article 6.1. - 6.3. and to keep it permanently up-dated.
6.5. When successfully complete your signing up with Eataway, Eataway will provide you with a personal account, accessible for you with a password of your choice. You represent that you are of legal age to enter into a valid contract.
6.6. When you make a Booking that is accepted by Eataway as set out above, you will be provided with information regarding the Host: his/her address, date and time. The provision of Article 2.3. shall apply.
6.7. You warrant that the information you provide to Eataway is accurate and complete. Eataway is entitled to verify the information that you have provided and to refuse use of the Services without providing reasons.
6.8. Your User Account is strictly personal and may neither be sold nor transferred to any other third party. By using the Services/Booking Services, you agree that:
(i) you will not authorize others to use your account;
(ii) you will not assign or otherwise transfer your account to any other person or legal entity;
(iii) you will not use the Services/Booking Services to cause nuisance, annoyance or inconvenience;
(iv) you will not try to harm the Services/Booking Services in any way whatsoever;
(v) you will not copy, or distribute, the Eataway Content (as defined below in Article 9) without written permission from Eataway;
(vi) you will keep secure and confidential your account password or any identification we provide to you which allows access to the Services/Booking Services;
(vii) you will comply with all applicable law of your home nation, and of the country, state and/or city in which you are present while using the Services/Booking Services.
6.9. Eataway reserves the right to terminate the use of the Services/Booking Services should you not comply with any of the above rules.
6.10. By registering and participating in the Meal as the Guest, you consent to the recording of your likeness, image, and/or voice and authorize Eataway to use photographs, video, and audio recordings containing your likeness, image, and/or voice in any medium for any purpose. By registering and organizing the meal as the Host, you consent to the recording of your preparation, image and/or voice in any medium for any purpose.
EXCLUSIONS AND LIMITATIONS OF EATAWAY LIABILITY
7.1. By accepting these Terms and Conditions and using the Eataway Services/Booking Services, you agree that you shall defend, indemnify and hold Eataway, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(i) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
(ii) your violation of any rights of any third party, including Hosts arranged via the Website, or
(iii) your use or misuse of the Eataway Services/Booking Services.
7.2. In the context of the adding of User Content, Eataway acts as a content host and does not play any active role the nature of which might entrust it with knowledge or control of the data stored. Eataway will not be responsible for the User Content that it stores at a User’s request unless, having been made aware of the illegal / unlawful nature of any user content under the form and conditions of British Law, Eataway should not have promptly removed said user content or rendered it inaccessible.
7.3. Eataway is under no obligation of performance or any obligation of best endeavor in relation to the functioning of the Website. Eataway shall under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any user. Eataway reserves the right to temporarily suspend access to its services for technical reasons or for maintenance without these operations giving any rights to any kind of compensation whatsoever.
7.4. Eataway shall under no circumstance be held responsible:
(i) toward the Host or toward the Guest for the satisfactory outcome of Meals organized by Hosts;
(ii) for acts committed by users, including if such act is committed in the context of use of Website or of a service offered by Eataway;
(iii) for the products and/or content of these third party websites (which may be linked on Website). In particular, Eataway shall not be responsible for the accuracy and/or the content of these third party websites neither shall it be held responsible for all or part of them.
7.5. The User agrees to make it his/her own responsibility with regard to regulations, in particular, without this list being exhaustive, taxation, administrative, and civil regulations, which might apply to him/her either as a Host or as a Guest, or as a simple user.
7.6. Neither Eataway nor its directors, employees, nor its agents shall under any circumstance be held responsible for any damage, either direct or indirect, resulting from use of Website or of the services provide there.
7.7. Any complaints about the meals and Hosts should be submitted to email@example.com in accordance with the provisions of our Claim Policy.
7.8. The information, recommendations and/or services provided to you through the Website is for general information purposes only and does not constitute advice. Eataway will use reasonable endeavours to keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
7.9. Eataway shall not be liable for any damages resulting from the use of (or inability to use) the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of information or the Website, unless such damage is the result of any wilful misconduct or gross negligence on the part of Eataway.
7.10. Eataway shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
7.11. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Eataway's aggregate liability to you shall in no event exceed an amount of EUR 20 or, where applicable, the equivalent of that amount in the currency used by you for the payment for the meal services provided to you by the Host.
The Services and Booking Services and the terms set out in this document, as well as all non-contractual obligations arising in any way whatsoever out of or in connection with the Services/Booking Service shall be governed by, construed and take effect in accordance with the laws of England and Wales. Any dispute, claim or matter of difference arising out of or relating to the Services/Booking Services is subject to the exclusive jurisdiction of the courts of England and Wales.
LICENSE GRANT, RESTRICTIONS
9.1.For the purpose of this section, the following definitions shall mean:
(i)"Content": all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
(ii)"Eataway Content": Content owned or used by Eataway, its affiliates or licensors and made available through the Website or the Services, including any Content licensed from a third party, but excluding User Content.
(iii)"User": a person who accesses or uses the Services.
(iv)"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services.
(v)"Collective Content" means, collectively, Eataway Content and User Content.
9.2.Subject to your compliance with these Terms, Eataway grants you a limited, non-exclusive, non-transferable license:
(i) to view, download and print any Eataway Content solely for your personal and non-commercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
9.3. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, the Services or Collective Content, except as expressly permitted by these Terms. You may not reuse any Collective Content without first obtaining the written consent of Eataway. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eataway or its licensors, except for the licenses and rights expressly granted in these Terms.
9.4. Eataway may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services. User Content will be deemed non-confidential and non-proprietary. Accordingly, Eataway shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
9.5. You acknowledge that Eataway only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Eataway shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Eataway be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Eataway.
9.6. Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements.
9.7. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
9.8. You agree to indemnify and keep Eataway, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Eataway or its affiliated companies related to any User Content posted or transmitted by you and/or any other use by you of the Website or the Services.
9.9. Eataway reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Eataway believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Eataway.
9.10. You agree promptly to notify Eataway in writing of any User Content which breaches these Terms. You agree to provide to Eataway sufficient information to enable Eataway to investigate whether such User Content breaches these Terms. Eataway agrees to make good faith efforts to investigate and shall take such action as Eataway in its sole discretion decides. However, Eataway does not warrant or represent that it will block or remove (in whole or in part) such user Content.
COPYRIGHT POLICY AND INTELLECTUAL PROPERTY OWNERSHIP
10.1. Eataway respects copyright law and expects its users to do the same. It is Eataway's policy to terminate in appropriate circumstances use of the Eataway Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
10.2. Eataway alone shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Services.
10.3. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Services, or any intellectual property rights owned by Eataway. Eataway's name is the trademark of Eataway, and no right or license is granted to use them. Eataway is registered as a Community Trademark in the European Union (Registration No 013964184).
10.4. The elements that make up the Eataway Website and particularly its editorial content, graphics, applications, software, and its features, with the exception of User Content, (hereinafter referred to collectively as the “Website Content”), are the exclusive property of Eataway and its rightful owners. Any reproduction, imitation, or insertion, either in whole or in part, of any of the elements of the Website Content belonging to Eataway is strictly forbidden without the prior written agreement of Eataway.
10.5. The Website Content cannot be modified, copied, distributed, boxed, reproduced, downloaded, displayed, published, transmitted, or sold in any form whatsoever or by any means whatsoever, either in whole or in part, without the prior written agreement of Eataway.You are authorized to use the Eataway Website and the Website Content under the conditions set out in this agreement. Any use of the Website or of the Website Content other than that allowed in this agreement, or in contravention of applicable legislation or third party rights, is strictly forbidden.
TERM AND TERMINATION, INVALIDITY, MODIFICATION OF SERVICE, ASSIGNMENT
11.1. Termination. This agreement in respect of the Terms between Eataway and you shall (subject to this paragraph) subsist for an indefinite period. You are entitled to terminate the agreement in respect of the Terms at any time. You can close your user account at any time by following the instructions on the Website.
11.2. Eataway is entitled to terminate this agreement in respect of the Terms at any time and with immediate effect (by disabling your use of the Eataway Services/Booking Services) if you:
(i) violate or breach any term of these Terms, or
(ii) in the opinion of Eataway, misuse the Eataway Services/Booking Services.
11.3.Eataway is not obliged to give you notice of such termination in advance. After termination Eataway will give notice thereof in accordance with these Terms.
11.4. Invalidity. The invalidity of any part of these Terms shall not affect the validity of the other provisions thereof. If and to the extent that any part of these Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the invalid part as much as possible, taking into account the content and the purpose of these Terms.
11.5. Modification of Service and User Terms: Eataway reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services or via email. Eataway may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
11.6. Notice. Eataway may give notice by means of a general notice on the Services/Booking Services, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.
11.7. Assignment: You may not assign any of your rights under these Terms without prior written approval of Eataway.
12.2. Applicable Law and Dispute Resolution: The Terms and Conditions are subject to the laws of the United Kingdom. Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website or the Services/Booking Services will be determined exclusively by the competent court in The United Kingdom, unless you notify Eataway within one month after Eataway invoking its right pursuant to this provision to commence court proceedings in The United Kingdom, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
12.3. Language: The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into another language, the English text shall prevail.
12.4. Illegal Content. Should you notice illicit or illegal content on Eataway Website, feel invited to send us written notification by email to the address firstname.lastname@example.org, including the following information: (i) identification of the content concerned, (ii) information to enable us to locate the content in question on the Eataway Website, (iii) 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, (iv) 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 said owner.
12.5. Offers to buy or sell outside of Eataway. We don't allow our users to use Eataway to contact each other to make offers to buy or sell meals or meal services outside of Eataway. Also, members can't use information obtained from Eataway to contact each other about buying or selling outside of Eataway. Cooks are liable for fees arising out of all sales made using some or all Eataway services, even if sales terms are finalised or payment is made outside of Eataway. If you receive an offer to buy or sell outside Eataway, please report it (email@example.com).
Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement. Offers to buy or sell outside of Eataway are also a potential fraud risk for both guests and cooks, and additionally, may be an attempt to avoid Eataway fees. This is unfair to other cooks and violates Eataway’s policies.
Some examples of activities that aren't allowed include:
- Using member contact information obtained from Eataway or using any Eataway system to offer to sell any listed meal or meal service outside of Eataway.
- Posting or displaying contact information in a listing, including email, phone number, and mailing address, without the permission of Eataway or except as required by law.
- Including contact information or an offer to buy or sell a meal or meal service outside of Eataway within an email message, platform message or other communication with an Eataway user.
12.6. Online communication policy - spamming and abuse. Our friendly community is based on trust, and we take the issue of online abuse seriously. Cooks and guests are encouraged to use our messaging platform on Eataway to communicate about upcoming meals, and answer questions related to Eataway services. This includes messaging potential guests who may be interested in meals planned by cooks. However, platform messages are monitored to make sure that abusive, insulting, threatening or spamming messages are removed as quickly as possible, and that users engaging in such are removed.
Some examples of activities that aren’t allowed include:
- Using member contact information obtained from Eataway or using any Eataway system to promote a service outside of Eataway.
- Threatening or abusive language.
In addition, any messages that clearly break our terms and conditions will be acted upon according to our policy. To help keep our community safe and friendly, we also encourage abuse or spamming to be reported (firstname.lastname@example.org).
12.7. Cookies and Personal Information. You agree that Eataway may store personal and other information about you on your computer in the form of “cookies”. The use of these cookies solely concerns the functioning of the Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your computer, this ban or restriction may have an unfavorable effect on your use of the Website. You acknowledge and agree that Eataway can also store your personal information on computers. By using the Website, you agree that we may be obliged:
(i) to 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;
(ii) Enforce the terms of these Terms and Conditions
(iii) Respond to complaints about any User Content;
(iv) Protect the rights, property and security of Eataway, of users, and the public.
12.8. Legal Information. The Website was developed by Eataway International Limited, a private limited liability company registered and incorporated in England and Wales with company number 9866015 whose registered office is at 53 Stoke Lane, Westbury On Trym, Bristol, United Kingdom, BS9 3DW. Eataway possesses all ownership rights over the Eataway Website as well as over the content of the Website. The Eataway Website is hosted in The United Kingdom by UKFast (http://www.ukfast.co.uk/)
12.9. For any question relating to the Website or to the functioning of the Booking Services/Services, you can contact us by the following means e-mail: email@example.com
EATAWAY GUEST’S REGULATIONS
The document below contains important regulations determining your rights and obligations as the Guest of Eataway Hosts. By using the Website you agree that the provisions of our Generals Terms and Conditions and the Regulations below apply to you.
1.1. You hereby confirm that you over 18 years old and/or have the legal capacity to enter into civil contracts. You hereby confirm that your use of the Website and your Booking do not infringe any current law or regulation.
1.2.“Eataway” means Eataway International Limited, a private limited liability company registered and incorporated in England and Wales with company number 9866015 whose registered office is at 53 Stoke Lane, Westbury On Trym, Bristol, United Kingdom, BS9 3DW. (hereinafter referred to as “Eataway”, “we”, “us”).
1.3. The Terms and Conditions along with the Regulations constitute the whole agreement between you as the Guest and Eataway. In case of discrepancies between the provisions of the Terms and Conditions and the provisions of the Regulations, the provisions of the Terms and Conditions shall prevail.
1.4. If you do not agree to be bound by the Terms and Conditions, you are not allowed to use the Website and you should exit it.
1.5. All definitions or terms expressed in capital letters and used in these Regulations shall have the same meaning as to prescribed to them in the Terms and Conditions.
1.6. To become a Guest, you are obliged to create your Eataway account, as defined in the Terms and Conditions.
- HOSTS’ MEALS
2.1. The Meals displayed on the Website are offered by the Hosts, as defined in appropriate provision of the Terms and Conditions.
2.2. Before any Booking, please read carefully these Regulations and the Terms and Conditions. Should you have any questions or requests, we invite you to contact the Host prior to any Booking.
- GUEST’S DUTIES AND OBLIGATIONS
3.1. You agree and you accept that both the Host and his/her Guests may come from various cultures. Therefore you agree to be open, respectful and not to discriminate anybody on any ground, as well as not to discriminate their respective cultures and/or religions.
3.2. You agree and you accept that you should apply and follow the rules of your Host’s household (for example, removing shoes). However, such rules cannot infringe your integrity.
3.3. You are obliged to respect the hospitality of your Host. You are not allowed to enter any part of the premises without the prior consent of the Host.
3.4. You agree that other people in the Host’s household (e.g. family members, other Guests, Host’s friends and other) will be present during the meal.
3.5. Your are not allowed to interfere with your Hosts’ property; touch or move his/her personal property and any objects. You agree not to damage the Host’s premises and the building where the Host lives.
3.6. When you make a Booking, you should notify the Host thoroughly of any foods or drinks to which you may be allergic and/or that you may refuse to eat or drink for whatever reason. You cannot ask the Host to replace a dish by another one. You are fully aware of the fact that the food you will eat is homemade and therefore you eat and drink, at your own risk. Eataway cannot be held responsible for the food offered. For the Cancellation and Claim Policy, please check Article 4 of the Terms and Conditions.
3.7. The Meal of the Host shall last no longer than determined in a particular offer. You hereby confirm that you will leave the Host’s premises at the request of your Host and, in every case, upon the lapse of the time limit as determined by the Host. Eataway shall not be liable for the fact if you fail to comply with this duty.
3.9. You agree to respect your Host’s neighbours and not to behave in such a way that may cause any nuisance, particularly noise.
3.10. If you fail to comply with one or more of the duties listed in Articles 3.1. - 3.9 above, you shall be responsible for any potential claim of a third party or of the Host.
3.11. By completing the Booking, you enter into a separate contract with the Host (“the Meal Contract”). Your Host’s offer will close as soon as, and if, the number of Guests reaches the maximum number of guests acceptable by the Host.
3.12. If you accept the Booking and fail to attend or collect the Meal at the time and date agreed, you are not eligible to reimbursement (see the respective provisions in the Cancellation Policy).
3.13. You are responsible to make yourself familiar with the fiscal or administrative regulations that may apply to you.
3.14. You represent and warrant that you will pay all fees incurred with your Booking. Failing to settle your payments incurred with your Booking, will prevent you from executing your Booking with Eataway. Notwithstanding the above, Eataway shall reserve the right, but have no obligation, to obtain any other remedies available by law.
3.15. Eataway 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.
- RESPONSIBILITY - INSURANCE
4.1. Eataway shall not be liable for your failures to comply with any obligations resulting from your Booking and/or meal contract with the Hosts.
4.2. Except as provided in the Terms and Conditions, these Regulations and the Regulations for the Hosts, Eataway is not liable for any damage resulting from the Booking.
- OTHER IMPORTANT INFORMATION
You agree and confirm that you understand that your Host and/or one of the other Guests might damage your property, may be sick and infect you; may divulge and/or use personal information communicated to them by you. Eataway shall not be liable for such damage.
- PHOTOGRAPHS PUBLISHED BY THE HOST
6.1. You acknowledge that photographs published by the Host are for information purposes only and that the meal which will be offered to you may look differently.
6.2. By registering and participating in the meal as the Guest, you consent to the recording of your likeness, image, and/or voice and authorize Eataway to use photographs, video, and audio recordings containing your likeness, image, and/or voice in any medium for any purpose.
- AMMENDING THE REGULATIONS
7.1.The Regulation can be amended and at the sole discretion of Eataway at any time. Any amendment and/or modification comes into force upon its disclosure at the Website.
7.2. If you continue to use the Website as a Guest, you confirm that you accepted the amendments to the Guests’s Regulations.
7.3. If you do not accept the aforementioned amendments you are not allowed to use the Website and to do new Bookings.
7.4. If you fail to comply with the Terms and Conditions as well as with the Regulations, Eataway has the right to cancel your access to the Website (without prior notice). Irrespective of the above, Eataway is entitled to further claims, in the case of incurring damages for such failure.
- GOVERNING LAW AND JURISDICTION
8.1. This Regulation is governed in accordance with the laws of the United Kingdom.
8.2.Any dispute between the Guest and Eataway under these Regulations, will be subject to the jurisdiction of competent courts in the United Kingdom.
8.3. Before undertaking legal action in the event of such a dispute, we would encourage you to contact us in order to try to resolve any dispute amicably: firstname.lastname@example.org
EATAWAY HOST’S REGULATIONS
The document below contains important regulations and clauses that determine your rights and obligations as an Eataway Host. By using the Website you agree that the provisions of our Generals Terms and Conditions and the Regulations below apply to you.
1.1. You hereby confirm that you are over 18 years old and/or have legal capacity to enter civil contracts. You hereby confirm that your use of the Website and your meal offer do not infringe any current law or regulation.
1.2.“Eataway” means Eataway International Limited, a private limited liability company registered and incorporated in England and Wales with company number 9866015 whose registered office is at 53 Stoke Lane, Westbury On Trym, Bristol, United Kingdom BS9 3DW (hereinafter referred to as “Eataway”, “we”, “us”).
1.3. The Terms and Conditions along with the Regulations constitute the whole agreement between you as the Host and Eataway. In case of discrepancies between the provisions of the Terms and Conditions and the provisions of these Regulations, the provisions of the Terms and Conditions shall prevail.
1.4. If you do not agree to be bound by the Terms and Conditions, you are not allowed to use the Website, to create your account and you should exit the Website.
1.5. All definitions or terms expressed in capital letters and used in these Regulations shall have the same meaning as to prescribed to them in the Terms.
1.6. To become a Host, you are obliged to create your Eataway account, as defined in Article no. 5 of the Terms and Conditions.
- HOSTS’ MEALS
2.1. The Meals disclosed on the Website are published and offered by the Hosts, as defined in appropriate provision of the Terms and Conditions.
2.2. Before the creation of your Meal, you are obliged to read carefully the Terms and Conditions, in particular the respective provisions about online payments, Eataway Commission and the cancellation policy provisions.
- HOST’S DUTIES AND OBLIGATIONS
3.1. You agree and you accept that the Guests may come from various cultures. Therefore you agree to be open, respectful and not to discriminate anybody on any ground, as well as not to discriminate their respective cultures and/or religions.
3.2. You agree and confirm that you will conform with the appropriate regulations of your country / city / region regulating the preparation of food (in particular safety and hygiene regulations), sale of alcohol and taxation.
3.3. Your are not allowed to interfere with your Guests’ property.
3.4. You are obliged to provide your Meal offer clearly, in particular: describe dishes that will be served and drinks which will be offered, as well as the duration of your Meal. Should any Guest inform you of any food allergy, you are not obliged to accept his/her Booking. However, if you accepted such Booking, you are obliged to respect the dietary requirements of such Guest.
3.5. You hereby accept and confirm that Eataway does not guarantee the number of guests and therefore does not reimburse you the costs of food products incurred by you on the basis that you expected more guests that finally confirmed.
3.6. If you fail to comply with one or more of those obligations listed above in Article 3.1. - 3.5 above, you shall be responsible for any claim by any third party or the Guest.
3.7. You hereby accept that, in exchange for the Services and Booking Services, Eataway receives Commission in the amount of 15 % of the price of the Meal indicated by a Host on the Website.
3.8. By the acceptance of the Booking, you enter into a separate contract with the Guest (“the Meal Contract”). Eataway is not a party thereof.
- RESPONSIBILITY - INSURANCE
4.1. Eataway shall not be liable for any of your failure to comply with any obligations resulting from the meal contract(s) with the Guest(s). In case of any claim between you and the Guest, they should be resolved between the parties of the Meal Contract.
4.2. Except as provided in the Terms and Conditions, these Regulations and the Regulations for the Guests, Eataway shall not liable for any damage resulting from the Booking.
- OTHER IMPORTANT INFORMATION APPLICABLE TO HOSTS
5.1. You agree and confirm that you understood that it may happen that your Guest and/or one of the other Guest might break or damage your property, may be sick and infect you; may divulge and/or use personal information communicated to them by you, for purposes other than the Eataway Booking alone.
5.2. Eataway shall not be liable for any such damage.
- PHOTOGRAPHS PUBLISHED BY THE HOST
By registering as the Host, you hereby agree for to the recording of your likeness, image, and/or voice and authorize Eataway to use photographs, video, and audio recordings containing your likeness, image, and/or voice in any medium for any purpose.
- AMMENDING THE REGULATIONS
7.1.The Regulations can be amended at the sole discretion of Eataway at any time. Any amendment and/or modification comes into force upon its disclosure at the Website.
7.2. If you continue to use the Website as a Host, you confirm that you accept any amendments to the Host's Regulations.
7.3. If you do not accept the aforementioned amendments you are not allowed to use the Website and to do new Bookings.
7.4. Use of the Website as a Host is considered to be null and void if it is done in violation of the Regulation.
7.5. If you fail to comply with the Terms and Conditions as well as with the Regulations, Eataway has the right to cancel your access to Eataway (to be done without notice). Irrespective of the above, Eataway may make further claims, in the case of incurring any damages.
- GOVERNING LAW AND JURISDICTION
8.1. This Regulation is governed in accordance with the laws of the United Kingdom.
8.2.Any dispute between the Hosts and Eataway under these Regulations, will be subject to the jurisdiction of competent courts in the United Kingdom.
8.3. Before undertaking legal action in the event of such a dispute, we would encourage you to contact us in order to try to resolve the dispute amicably, by e-mail at the following address: email@example.com
Effective Date: 15th November, 2015
Eataway collects information about you when you use our Website, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The Services are provided by Eataway International Limited, and this Privacy Statement applies to information collected and used by Eataway International Limited (herein “Eataway” or “we”).
- SCOPE AND APPLICATION
This Privacy Statement (“Statement") applies to persons anywhere in the world who use our Services to request or provide meal and food services (“Users”), as defined in the Terms and Conditions.
- COLLECTION OF INFORMATION
Eataway may collect and process data you provided directly to Eataway because you filled in our application forms or contacted us via third party account (for example, social media such as Facebook) such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, and other information you choose to provide.
- INFORMATION THAT EATAWAY COLLECTS THROUGH YOUR USE OF THE SERVICE/BOOKING SERVICES
When you use our Services, we collect information about you in the following categories:
- Contacts Information:
- Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, and other related transaction details.
- Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, pages viewed, and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
- INFORMATION COLLECTED BY US FROM OTHER SOURCES
We may also receive information from other sources and combine that with information we collect through our Services. For example:
- If you choose to link, create, or log in to your Eataway account with a social media service (e.g., Facebook), we may receive information about you or your connections from that site or app.
- USE OF SERVICES
We may use the information we collect about you to:
- Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer supports, develop safety features, authenticate users, and send product updates and administrative messages;
- Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
- Send or facilitate communications between you and a Meal Provider, such as estimated times of arrival (ETAs);
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and Eataway events, where permissible and according to local applicable laws;
- Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United Kingdom and other countries, some of which may have different protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
- SHARING OF INFORMATION
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
We may share your information:
- With Hosts to enable them to provide the Services you request.
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
- With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
- OTHER IMPORTANT SHARING
We may share your information:
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Eataway or others;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- SOCIAL SHARING FEATURES
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
- ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
- YOUR CHOICES AND ACCOUNT INFORMATION
You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us at firstname.lastname@example.org. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
- ACCESS RIGHT
Eataway will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
- PROTECTING YOUR INFORMATION
Eataway implements a variety of security measures to maintain the safety of your personal information when you place an order to enter, submit, or access your personal information.
- PROMOTIONAL COMMUNICATIONS
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
- COOKIES AND ADVERTISING
Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.
- CHANGES TO STATEMENT
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
- CONTACT US
COOKIE STATEMENT (GLOBAL)
Effective Date: 15th November, 2015
Cookies are small text files that are stored on your browser or device by websites, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So cookies served by Eataway while you are on www.eataway.com are first party cookies. Cookies served by companies that are not operating the domain you’re visiting are called “third party cookies.” So, we may allow Google to set a cookie on your browser while you visit www.eataway.com, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.
OTHER IDENTIFICATION TECHNOLOGIES
We call this a Cookie Statement, but the statement addresses cookies and other identification technologies we may use or permit on our Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache).
You have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the "Help" or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table above.
Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit this site for more information. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.