Here below are described the terms and conditions at which Gladiator BV. “food.social” offers to its users the access to its available services on the website and on the “food.social” applications.
To allow a full understanding and acceptance of these terms and conditions, the following terms shall have the meanings as indicated below and it should be stated that the same meaning refers both to singular and plural uses:
Holder: Gladiator BV, with registered office in Belgischestraat 1 1502 TP Zaandam The Netherlands VAT: NL 858596647 B01, share capital 10.000 €, e-mail address email@example.com;
- Application and/or food.social Platform: the website and the applications called food.social, managed by the Holder, who offers food.social as a revolutionary meal sharing food & culture app, instantly connecting travelers with locals and opening their doors to city dwellers & travelers (Android, iOS and web platform). food.social has been created for people passionate about life & food to enjoy new destinations, amazing cultural experiences from local hosts, chefs, pop-up restaurants by aspiring chefs, restaurant owners, special events, private parties, VIP/special guest hosts, cooking labs & classes, gift vouchers reservations, food tours & on request special meals/events. A community that allows guests & hosts to engage with special features with a unique social element, food.social is able to bring travelers together while sharing your experiences with your friends and family back home.
- Listing(s) / Services: the Listing(s) / Services and/or the services offered through the food.social platforms;
- User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the Listing(s) / Services offered through the Application;
- Consumer: any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed;
- Third-party Provider: a natural person or legal entity, including Hosts, who sells and/or delivers the Listing(s) / Services through the Application, acting for the purposes of her/his/its entrepreneurial, business, handicrafts or professional activity;
- Conditions: the present agreement which regulates the relationship between the Holder and the Users and the selling of the Listing(s) / Services displayed in the Application.
- Order: An order is a purchasing an experience ( service offered by host ) & Gift Cards purchased on food.social Platforms.
- Users: Who is registered user guest / hosts on food.social platform
- Resolution Center: A page on the application where Users can notify any issues requesting refunds and queries and/or asking to resolve such issues
Relationships between the Holder, the Third-party Provider and the User
These Conditions apply only to the relationships between the Holder of the Application and the Users and do not apply to relationships between Users and Third-party Providers.
The Application brings together the Holder or Third-party Providers with Users interested in buying / receiving services. The Application always indicates whether the Product is offered by the Holder or a Third-party Provider.
When the Listing(s) / Services are offered by Third-party Providers, the Holder shall not be party to the relationship to be established between Users and Third-party Providers, being a mere technical operator of the Application, and shall not be liable under any circumstances.
The terms and conditions of each Third-party Provider are attached below under the “Terms and conditions of the Third-party Provider”
The Host is exclusively responsible for identifying, understanding, and complying with laws, rules and regulations applicable to their Listing(s) and Host Services. The Host is exclusively responsible for identifying and obtaining any required licenses, permits or registrations regarding any provided Service. The Holder provides information in the Help Center in order to help the Host to identify any applicable obligation. In case of doubts concerning local law applicable to the Listing(s) and Host Service(s) and all platforms of food.social, it is recommended to seek legal guidance.
Due to the nature of the Internet, the Holder cannot guarantee the continuous and uninterrupted availability and accessibility to the Application. food.social may restrict the availability of the Application or certain of its areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of servers of the Holder or to carry out maintenance measures which ensure the proper or improved functioning of the Application. food.social may improve, enhance and modify the Application and introduce new Services from time to time.
Negotiation, signing and applicability of the Conditions
The Listing(s) / Services’ is confirmed by the User once correctly filled out and submitted the relating form. The form shows data concerning the User and the relevant order, the cost of the Listing(s) / Services confirmed, other fees and expenses and any other charged accessory, the manner and terms of payment, delivery terms. The form also indicates the right of withdrawal of the purchaser and its consent for the processing of personal data.
When the Holder receives an order from the User, the Holder shall send a confirmation e-mail or shall forward the User to a web page that specifies the order, which can be printed, also showing the data indicated in the paragraph above.
The Conditions shall not be binding upon the parties in case of failure to fulfil the aforesaid obligations.
The Holder shall modify or update, in whole or in part, these Conditions. The User acknowledges that any changes to these Conditions shall apply to the orders sent by the Users after the date of notice of the changes to the Conditions. Thus, the User is invited to examine
the Conditions upon every access to the Application and it is advisable to print a copy of the Conditions for future reference.
In order to promote the Application and to increase the exposure of Listing(s) to potential Guests, Listing(s) and other Users, content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. In order to assist Users who speak different languages, Listing(s) and other contents may be translated, in whole or in part, into other languages. The Holder cannot guarantee the accuracy or quality of such translations; in particular, the Application may contain translations made with Google Translator, which may not be accurate and/or reliable.
It shall be understood that under no circumstances the Holder may be responsible for any loss, disclosure, theft or unauthorised use by third parties, for whatever reason, of Users credentials.
Verification of the User
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to
(i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users,
(ii) screen Users against third party databases or other sources and request reports from service providers, and
(iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in any local jurisdiction (if available).
(iv) location verification of Users who host services through users verify through utility bills or governments issues identities.
The access to or use of certain areas and features of the Application may be subject to separate policies, standards or guidelines, or may require the acceptance of additional terms and conditions. In case of conflict between these Conditions applicable to a specific area or feature of the Application, the latter terms and conditions will take precedence, unless specified otherwise.
In case of access or download of the Application from the Apple App Store, the User accepts Apple’s Licensed Application End User License Agreement. Some areas of the food.social Platform implement Google Maps/Earth mapping services, including Google Maps API(s). The use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Account cancellation and closing
Registered Users can, at any time, stop using or offer the Listing(s) / Services and can disable their account or request its cancellation through the Application interface, if possible, or by contacting the Holder at the email address firstname.lastname@example.org.
In case of violation by the User of these Conditions or the applicable legal provisions, the Holder has the right to suspend or cancel the User’s account at any time and without notice.
Purchases on the Application
Purchases of one or more Listing(s) / Services on the Application are permitted both to Users, who qualify as Consumers, as well as to Users who do not qualify.
According to Article 3, paragraph I, sub-paragraph a) of Legislative Decree 206/2005 (the “Consumer Code”), Consumers are defined as natural persons who, in the purchase of the Listing(s) / Services, act for purposes not related to their entrepreneurial, trading, professional or artisanal activities.
Natural persons may only purchase the Listing(s) / Services if they have reached the age of eighteen.
The Holder undertakes to describe and to present the Listing(s) / Services sold on the Application to the best of his abilities. Nonetheless, some mistakes, inaccuracies or minor differences between the Application and the actual product may occur.
In addition, any picture of the Listing(s) / Services which may be found on the Application does not constitute a contractual element, but merely provides a visual representation of the Product.
The Holder has the right to refuse an order:
- when the Services is not available;
- when it is denied the authorization to charge the User with the cost of the services;
- when, at the time of purchase, the price displayed is obviously incorrect and is recognisable as such. In such case, the User will be contacted by the customer service to be informed of the situation and will be refunded the amount charged.
Terms specific for Hosts
Terms applicable to all Listing(s)
When creating a Listing(s) through the Application, it is required to provide complete and accurate information regarding
- the Service provided by the Host (such as listing description, location, and calendar availability),
- specific requirements (such as any minimum age, proficiency or fitness requirements for an experience) and
- any other issued indicated by the Holder. The Host is responsible for keeping Listing information (including calendar availability) up-to-date at all times.
The Host is the solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a User requests a booking of a Listing of the Host, this latter can not request the User to pay a price higher than the one indicated in the booking request.
Any terms and conditions included in the Listing of the Host, in particular in relation to cancellations, must not conflict with these Conditions or the relevant cancellation policy for the Listing.
Pictures, animations or videos (collectively, “Images“) used in the Listing(s) of the Host must accurately reflect the quality and condition of the Services provided by the Host. food.social reserves the right to require that Listing(s) have a minimum number of Images of a certain format, size and resolution.
When the Host accepts a booking request by a User, the Host is entering into a legally binding agreement with the User and is required to provide its Host Service(s) to the User as described in the relevant Listing when the booking request is made. The Host also agrees to pay the applicable Host Fee and any applicable Taxes.
Terms specific for users
Terms applicable to all bookings
Subject to meeting any requirements (such as completing any verification processes) set by food.social and/or the Host, the User can book a Listing available on the Application by following the respective booking process. All applicable fees, including the Listing Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to the user prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with the account of the User.
Upon receipt of a booking confirmation from food.social, a legally binding agreement is formed between the User and the relevant Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. The Application will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
If the User books a Host Service on behalf of additional guests, the User is required to ensure that every additional guest meets all requirements set by the Host and is made aware of and agrees to these Conditions and any terms and conditions, rules and restrictions set by the Host. If the User is booking for an additional guest who is a minor, the User represents and warrants to be legally authorized to act on behalf of the minor. Minors may only participate in an experience, event or other Host Service if accompanied by an adult who is responsible for them.
Hosts and/or Users who invite other Host and/or Users to register to the Application successfully subscribed affiliate badge will be added to guest profile following are level for earning affiliate badge.
User rewards: Any rewards earned by the User will be released only one time when the new User / Host made the first successive booking. All rewards will be made available on the Application for 365 days in order to book experiences. All earned rewards are not applicable to withdrawal.
Host rewards (when the subscriber is a new Host): Any rewards earned by the Host will be released only one time when the new Host made the first successive booking. All rewards will be made available on the Application for 30 days in order to book experiences. All earned rewards are applicable to withdrawal.
Host rewards when the subscriber is a new User): Any rewards earned by the Host will be released only one time when the new Host made the first successive booking All rewards will be made available on the Application for 365 days in order to book experiences. All earned rewards are not applicable to withdrawal.
The Application may charge fees to Hosts (“Host Fees“) and/or Users (“User Fees“) (collectively, “Service Fees“) in consideration for the use of the Application. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
Any applicable Service Fees (including any applicable taxes) will be displayed to a Host or User prior to publishing or booking a Listing. food.social reserves the right to change the Service Fees at any time and will provide Users adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to food.social. The applicable Service Fees (including any applicable taxes) are collected by food.social. food.social will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any User Fees are included in the Total Fees collected by food.social. Except as otherwise provided on the Application, Service Fees are non-refundable.
Prices, payments and billing
The Holder retains the right to change, at any time, the price of the Listing(s) / Services. It shall be understood that any changes will not apply to contracts already concluded before such modifications. The displayed prices of the Listing(s) / Services include VAT, if due; any other tax borne by the User will be displayed prior to order confirmation.
The User undertakes to pay the price of the purchased Listing(s) / Services in the times and methods indicated in the Application and to communicate all the data necessary to make the correct supply of the Listing(s) / Services possible.
Any refund to the User will be promptly credited through one of the payment methods proposed by the Holder and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Holder received notice of the withdrawal.
The Application makes use of payment services provided by third-parties and it does not receive nor process any payment details provided by Users (credit card number, name of holder, pin, etc.).
In the event that the above third-party payment services refuse to authorise a payment, the Holder will not be able to provide the Listing(s) / Services and may not be held responsible for any delay or failure in their delivery.
Users who may wish to receive the invoice will be required to provide their billing information. The invoice will be issued according to the information provided by the User, which the latter declares and ensures to be truthful, thus conferring the Holder with the widest indemnity on the matter.
Payments Terms of the Service
These Payments Terms of Service (“Payments Terms”) are legally binding between the User and the Application governing the Payment Services (defined below) conducted through or in connection with the Application.
In certain situations, customers may be required to enter into unique payment processing agreements with food.social. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
“Payout” means a payment initiated by the Application to a User and/or Hosts for services (such as Listing Fees) performed in connection with the Application.
“Payment Method” means a financial instrument added to the account of the User to purchase, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to food.social account, such as a PayPal account, direct deposit.
The Application provides payments services to Users and Hosts, including payment collection services, payments and payouts, in connection with and through the Application (“Payment Services”). The Holder may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices, which Users and Hosts must review independently. The Holder is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Application of such Third-Party Services.
The Holder reserves the right to modify these Payments Terms at any time in accordance with this provision. The Holder shall provide Users with notice by email regarding such modification at least thirty (30) days before the date they become effective. If the User disagrees with the revised Payments Terms, he may terminate this Conditions with immediate effect. The Holder will inform the User about its right of refusal and of termination of this Conditions in the notification email. If the User does not terminate the Conditions before the date the revised Payment Terms become effective, the continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
The User must be at least 18 years old and able to enter into legally binding contracts to use the Application and the relative Payment Services. By using the Payment Services, the User represents and warrants to be 18 or older. If the User agrees to these Payments Terms on behalf of a company (restaurants or registered companies) or other legal entity, the User represents and warrants to have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. food.social Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
The Holder may make inquiries necessary to help to verify or checking the identity of the User or prevent fraud. Towards this end, the User authorizes the Application to screening his data against third party databases or other sources and request reports from service providers. The Holder may have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may imply to
(i) provide a form of government identification (e.g., driver’s license or passport), date of birth, address, and other information;
(ii) take steps to confirm ownership of the email address, Payment Methods or Payout Methods; or
(iii) screen any information against third-party databases. The Holder reserves the right to close, suspend, or limit access to the Payment Services in the event it may be unable to obtain or verify any of this information.
Payment Methods and Payout Methods
When you use a Payment Method or add Payout Method to the account, the User will be asked to provide customary billing information such as name, billing address, and financial instrument information either to the Application or its third-party payment processor(s). The User must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is the obligation of the User to keep a Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
residential address of the User, name on the account, account type, routing/swift number, account number, email address, and account information associated with a particular payment processor.
When the User uses a new Payment Method, the Application may verify the Payment Method by authorizing a nominal amount or by authenticating the account via a third-party payment service provider. For further verification, the Holder may also
(i) authorize the Payment Method for one or two additional nominal amounts and ask the User to confirm these amounts, or
(ii) require the User to upload a billing statement. The Holder may, and retain the right to, initiate refunds of these amounts from the Payout Method of the User. When the User adds a Payment Method during checkout, the User will automatically save that Payment Method to the account in order to be used for a future transaction.
Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge the User additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and the Application is not responsible for any such fees and disclaims all liability in this regard. The Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using the Payment Method or Payout Method.
The User authorizes the Application to store the Payouts Payment Method information and charge the User Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, the Holder may acquire that information from the financial services partner of the Holder or the bank of the User and update the Payment Method of the User on file in the food.social account of the User.
The User is solely responsible for the accuracy and completeness of the Payment Method and Payout Method information. The Holder is not responsible for any loss suffered by the User as a result of incorrect Payment Method or Payout Method information provided by the User.
Financial Terms for Hosts
Generally speaking, the Holder will collect the Total Fees from a User at the time the User’s booking request is accepted by the Host, or at any other time mutually agreed between the User and the Application.
In order to receive a Payout, the User must have a valid Payout Method linked to food.social account. The Application will generally initiate Payouts to the Payout Method selected by the User. The time it takes to receive Payouts once released by the Application may depend upon the selected Payout Method and the Payout Method provider’s processing schedule. The Application may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
The Payout of the User for a booking will be the Listing Fee less applicable Host Fees and taxes. For compliance or operational reasons, the Application may limit the value of each individual Payout. If the User is due of an amount above that limit, the Application may initiate a series of Payouts (potentially over multiple days) in order to provide full payout amount of the User.
The User authorizes the Application to charge on the Payment Method of the User the Total Fees for any booking requested in connection with the food.social account. The Application will collect the Total Fees in the manner agreed between the User and the Application. The Application will generally collect the Total Fees after the Host accepted booking request of the User. Additional terms and conditions may apply for the use of an alternative payment option. Once the payment transaction for the booking requested by the User is successfully completed, the User will receive a confirmation email.
If a requested booking is cancelled either because it is not accepted by the Host any amounts collected by the Application will be refunded to the User, and any pre-authorization of the Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
General Financial Terms
The Application may charge fees for using certain Payment Services and any applicable fees will be disclosed via the Application.
The User authorizes the Application to collect amounts due pursuant to these Payment Terms or the Conditions. Specifically, the User authorizes the Application to collect any amount due to the Holder (e.g., as a result of your bookings, booking modifications, cancellations or other actions as a User, Host, food.social Gift cards), including reimbursement for costs prepaid by food.social on behalf of the User, by charging any Payment Method on file in the food.social account of the User (unless previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from future Payouts. Any funds collected by the Application will setoff the amount owed by the User to food.social and extinguish the obligation of the User to food.social.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with the Payment Method of the User, this latter may be charged with fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
Any refunds or credits due to a User pursuant to the Conditions will be initiated and remitted by the Application.
The Holder will take steps to rectify any payment processing errors that the Holder becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by the User, so that the User ends up receiving or paying the correct amount. This may be performed by the Application or a third party such as the financial institution of the User.
The User is solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to the use of the Payment Services. In connection with the use of the Payment Services by the User, this latter cannot:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Conditions, other policies and standards;
- use the Payment Services for any commercial or other purposes which are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with the food.social account that does not belong to the User or that the User has no authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Application or any of the payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
food.social Gift Card
food.social Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of eligible services provided by food.social and its affiliates rewards program on the Application.
The purchases Gift Card are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s food.social account in the form of another Gift Card.
To view the Gift Card balance, the User has to visit its dashboard after signing in to the Application. No fees apply to Gift Cards. Gift Cards do not expire.
The risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. The Holder is not responsible if any Gift Card is lost, stolen, destroyed or used without the authorization of the User.
The Holder reserves the right to any remedy, including refusal to issue or honour a Gift Card in the event of suspected fraud. The Holder will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Application.
In case of loss or malfunction and other accidental events occurred to a Gift Card, this latter can be replaced by the Holder.
Method of execution of digital Listing(s) / Services and/or services
A digital product is any good in digital format not provided on a material medium. A service is a duty to carry out a specific activity in favour and/or on behalf of the User.
The Holder shall provide the Listing(s) / Service and/or services to the User through the method and within the term chosen by the User or indicated in the Application or in the order confirmation. Should the Holder fail to provide the product within the aforesaid term, an e-mail notice shall be promptly sent to the User indicating the expected delivery date or the date on which the service shall be provided or the reasons for which it has become permanently impossible to provide the service.
Should the User refuse the new term indicated by the Holder or in case of impossibility to provide the service, the User may request a refund that shall be paid promptly through one of the payment methods proposed by the Holder and chosen by the User and, in case of withdrawal, within 30 days from the date on which the Holder received notice of the withdrawal.
Without prejudice to the duties of the Holder already provided in the paragraphs above, expressly referred herein, the Holder shall provide the Product in accordance with the principles of fairness, good faith and diligence.
Right of withdrawal concerning digital Listing(s) / Services and/or services
The User unsatisfied for whatever reason with the purchase of digital Listing(s) / Services (not supplied on a tangible medium) or services, has the right to withdraw from the contract within 14 days from the day of conclusion of the contract, by sending a written communication at the email address email@example.com, specifying any reference needed to identify the purchase.
The User acknowledges and approves to lose the right of withdrawal in the following cases:
service agreements after the completion of the service where the execution of the service has started with the express agreement of the consumer and the approval of the loss of the right of withdrawal after the completion of the execution of the agreement;
In case of withdrawal within the above notice period, the Holder will refund the User with all the payments received by the latter, without undue delay, and in no circumstances later than 30 days after the withdrawal notice by the User.
The Holder will refund the User through the same payment method used by the latter for the online purchase.
Optional form for enforcing the right of withdrawal
Optionally, the User may withdraw from the Contract by completing the following form, that must be sent at the email address firstname.lastname@example.org before the expiration of the withdrawal period:
I hereby communicate the withdrawal from the purchase contract of the following goods/services __________
Order date: _______
Name and surname: _______
Transaction Id: ______
E-mail address or Use ID associated with the account from which the order was made: ____________________
Cancellations and Refunds, Resolution Center
The User cannot cancel confirmed booking. If the Host cancels a confirmed booking, the User will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, the Application may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, food.social may impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to food.social’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behaviour.
With regard to experiences, events and other Services provided by the Host, if inclement weather creates an unsafe or uncomfortable scenario for Users, Hosts may cancel the Service. If there is a substantial change in the itinerary or the Service needs to be cancelled, food.social will work with the Host and/or Users in order to provide an alternative date for the Service, an appropriate refund or a rebooking.
In certain circumstances, food.social may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions, where food.social believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to food.social, other Users, third parties, for any of the reasons set out in these Conditions.
Except as otherwise set out in these Conditions, Users may use the Resolution Center to send or request money for refunds, additional Host Services. The User agrees to pay all amounts sent through the Resolution Center in connection with the account of the User and food.social will handle all such payments.
Booking experiences, events and other Services
The User must carefully review the description of any experience, event or other Service provided by the Host, which the User intends to book in order to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At sole discretion of the User, this latter may want to inform the Host of any medical or physical conditions or other circumstances which may impact on the ability to participate to any experience, event or other Service. In addition, certain laws, like the minimum legal drinking age in the location of the experience, event or other Service, may also apply. The User is responsible for identifying, understanding and complying with all laws, rules and regulations which apply to the participation of the User to an experience, event or other Service.
Before and during an experience, event or other Service, the User must at all times adhere to the instructions of the Host. Additional guests cannot be brought to an experience, event or other Service unless such previously added as additional guests in the booking process on the Application.
Feedback, Ratings and Reviews
The Holder welcomes and encourages Users to provide feedback, comments and suggestions in order to improve the Application (“Feedback“). The User may submit Feedback by emailing the Holder, through the “Contact” section of the Application, or by other means of communication. Any Feedback the User submits to the Application will be deemed as non-confidential and non-proprietary of the User. By submitting Feedback on the Application, the User grants to the Holder a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, with no compensation to the User.
Within a certain time frame after completing a booking, Users and Hosts can also leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of food.social. Ratings and Reviews are not verified by food.social for accuracy and may be incorrect or misleading.
Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
Users are prohibited from manipulating Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review.
Ratings and Reviews are part of public profiles on the Application and may also be surfaced elsewhere on the Application (such as the Listing page) together with other relevant information such as the number of bookings, number of cancellations, average response time and other information.
User generated content
The User may upload contents, information ads or Listing(s) on the Application (hereinafter the “Contents” or individually the “Content”), provided that the Content is not illegal (that is: obscene, threatening, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual property and/or industrial rights of the Holder and/or of third parties) or does not otherwise harm the Holder and / or third parties, or is not regrettable or at least does not contain viruses, political campaigning, commercial solicitation, mass emails or any other form of spamming.
The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, content management and contact (or contract) between Users) and is therefore the only guarantor and manager of the assets and services offered as well as the correctness, completeness and legality of the Contents and of their behavior in the context of the contact (or contract) between Users.
In the case of publication of ads, the User guarantees the availability and/or ownership of the good / service object of the ads themselves. The User also guarantees that their advertisements do not infringe any copyright or industrial property rights or other third-party rights. In the event of a dispute by third parties regarding any ad or conduct related to it, the User assumes full responsibility and undertakes to keep the Holder harmless and harmless from any damage, loss or expense.
The Holder, though not able to ensure tight control of the Contents received, reserves the right to delete, move, and edit those Contents that, upon its discretion, appear abusive, defamatory, obscene or in breach of copyright and trademarks, and in any case unacceptable for the Holder. The use of violent language will lead to immediate suspension and expulsion from the Application.
It is forbidden to use an email address that is not in the User’s ownership, use the personal data and credentials of other Users in order to take possession of the latter’s identity, or otherwise misrepresent the origin of the Contents.
Users acknowledge and accept that any Content uploaded to interact with the Application (for instance, in order to post comments, express opinions, participate in surveys and initiatives, send pictures or videos or audio files) can be amended, removed, published by the Holder. The User grants the Holder with an unlimited right, free from geographical restrictions, of non-exclusive use on the Content. The Holder may, therefore, directly or through third parties of its choice, use, copy, transmit, extract, publish, distribute, publicly perform, distribute, create derivative works of, host, index, store, record, encode, modify and adapt (including the unlimited right to adapt for the transmission by any means of communication) in any form or by any means now known or to be invented in the future, every Content (including images, messages, also video and audio messages) uploaded by the User, even through third parties.
It is strictly forbidden unless expressly authorised by the Holder:
- the use of automatic banner upload systems, unless those expressly authorised;
- the serial publishing and/or the management of banners on behalf of third parties with every means or methods; resell the services of the Holder to third parties.
With regard to the Content, the User waives any economic or moral copyright also with respect to the changes made by the Holder to such Content, even in case such changes are not appreciated or accepted by the same author.
The Content uploaded will not be returned and will remain property of the Holder who is therefore exempted from any responsibility to the Users for the loss or destruction of such Content.
The User ensures that the Contents are sent to the website through his personal account and exclusively by adults. For minors, the Content must be screened and approved by those exercising parental authority.
Industrial and intellectual property rights
The Holder declares to be the holder and / or licensee of all intellectual property rights related and / or referring to the Application and / or the materials and Contents available on the Application.
These Conditions do not grant the User any license to use the Application and / or the individual Contents and / or the materials available therein. Any other use or reproduction of the Application or material or content included therein is strictly prohibited.
All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Application are and remain the exclusive property of the Holder, or its licensors, and are protected by applicable trademark laws and relevant international treaties.
Any attempt to reproduce the explanatory texts and contents included in the Application, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Holder
Exclusion of warranty
The Application is provided “as is” and “as available” and the Holder does not provide any express or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users, or that it will work without interruption, free of any error or virus or bug.
The Holder will work to ensure that the Application will be available 24 hours a day without interruptions, but may never be held liable if, for any reason, the Application may not be available and / or not operative at any moment or period in time. Access to the Application
may be temporarily suspended and without notice in case of a system failure, maintenance or repair works or for reasons totally beyond the Holder’s control or due to causes of force majeure.
Limitation of Liability
If the User chooses to use the Application, the User does so voluntarily and at its sole risk. The Application is provided “as is”, without warranty of any kind, either express or implied.
The User agrees to have had whatever opportunity necessary to investigate the Services, laws, rules or regulations which may be applicable to Listing(s) and/or Services. The User does not rely upon any statement of law or fact made by food.social relating to a Listing.
The Holder shall not be responsible towards the User, excepting fraud or gross fault, for disservices or malfunctioning in relation to the internet network, which are not under its control or the control of its sub-suppliers.
The Holder shall not be responsible for damages, losses or costs suffered by the User after the failed execution of the contract for reasons not attributable to the Holder. The User shall only have the right to the reimbursement of the price and accessory charges already paid.
The Holder shall not be responsible for the fraudulent or illicit use by third parties of credit cards, checks and other payment methods, at the moment of the payment of the purchased services, whether the Holder proves the adoption of cautionary measures on the basis of the knowledge and experience available at the time and on the basis of ordinary diligence.
The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Conditions.
Therefore, the Holder shall not be liable for:
- any losses that are not direct consequence of a breach of the contract by the Holder;
- any loss of business opportunity and any other loss, either direct or indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, etc.);
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuing of false tax documents due to mistaken details provided by the User, the latter having exclusive responsibility for the correct entry of such details.
Some experiences, events, other Services, may carry inherent risk, and by participating in such services, the User chooses to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. The User assumes full responsibility for the choices made before, during and after the participation to a Service. If the User is bringing a minor as an additional guest, the User is solely responsible for the supervision of that minor throughout the duration of the Service and to the maximum extent permitted by law. The User specifically agrees to release and hold harmless the Holder from all liabilities and claims which may arise in any way from any injury, death, loss or harm that may occur to that minor during the Service.
Under no circumstances the Holder will be liable for an amount exceeding twice the cost paid by the User.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to the use of the Application. In connection with the use of the Application, the User will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Conditions and other policies;
- use the Application for any commercial or other purposes that are not expressly permitted by these Conditions or in a manner that falsely implies food.social endorsement, partnership or otherwise misleads others as to your affiliation with food.social;
- use the Application in connection with the distribution of unsolicited commercial messages (“spam”);
- unless food.social explicitly permits otherwise, book any Listing if the User will not actually be using the Services by himself;
- contact another User for any purpose other than asking a question related to booking, Listing or the User’s use of the Application, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without prior written approval of the Holder;
- use the Application to request, make or accept a booking independent of the Application, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Application. If so, the User acknowledges and agrees to:
- (i) be in breach of these Conditions;
- (ii) accept all risks and responsibility for such payment, and
- (iii) hold food.social harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Application for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by food.social or any of food.social’s providers or any other third party to protect the Application;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Application;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
The Holder shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, e.g. breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of Listing(s) / Services, services or third-party applications. The fulfilment of the duties by the Holder shall be suspended for during the aforesaid events.
The Holder shall implement any action within its power to identify the solutions that would allow the fulfilment of its duties regardless of the continuation of the force majeure events.
Link to third party websites
The Application may contain links to third party websites. The Holder has no power over these websites and therefore is not, in any way, responsible for their contents.
Some of these links may relate to websites of third parties that provide services through the Application. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Holder assumes no responsibility.
No waiver by either parties to an article of the present Conditions shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.
If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Conditions, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
Governing Law and Place of Jurisdiction
These Conditions and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Holder has its registered office.
If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, without prejudice to the consumer User’s entitlement to bring proceedings in courts other than the “place of jurisdiction of the consumer” pursuant to Article 63 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the “Codice Processuale Civile” (“Civil Procedure Code”).
Online dispute resolution for consumers
Any Consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/