Last Revised: February 1, 2017
DinnerPlan B.V. (“DinnerPlan”, “we” or “us”) welcomes you to The Dinnerplan site, an online place where you can set up brunches, dinners and other food events with others who enjoy cooking, eating and meeting new people. Each of the site’s users (“user” or “you”) is invited to use and enjoy our site in accordance with the terms of service listed below.
1. Acceptance of the Terms
2. What service do we offer via the site?
We offer users the opportunity to participate in dinner parties (“Dinnerplans”), either as a host or as a guest. The host of a Dinnerplan will be randomly selected from users who made a reservation and are able to host on the day of the Dinnerplan reservation. Part of our service is the collection of payments from users which will be transferred from the guests to the hosts once the Dinnerplan groupings have been made in order to cover the costs of the hosts in relation to them organising a Dinnerplan.
3. Your publications on the site
We ask you to fill out some information in your profile, party for security reasons, partly for the host of the Dinnerplan to get to know the guests (e.g. food allergy-information). Guests are also encouraged to rate the host and both guests and hosts are asked to choose the host or guest who possesses certain attributes. In addition, the site offers the opportunity to send messages amongst the other guests and host of a specific Dinnerplan in a chat room (together “user content”). All user content that you publish on the site is your property and you are solely responsible for your user content and you guarantee DinnerPlan against any action that may be undertaken against it as a result of user content.
By publishing user content on the site:
- you expressly agree that it is made public.
- you allow everyone, including persons who not use the site, to access this user content and to use it, and also to associate it with you.
- you acknowledge that this user content does not confer any rights upon you, of any nature whatsoever and no property rights, including intellectual property rights, on the site and/ or its content (other than user content alone).
- you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use the content of intellectual property that you publish on the site or in relation to the site. This license allows us, without this list being exhaustive, to edit your user content on the site, 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 site, to remove certain words in order to use them in search tools, to use it for promotional or commercial purposes. This license ends when you delete your intellectual property content by closing your account. However, we would like to note the following:
a) the fact that user content is neither edited nor moderated by us;
b) the fact that deleted user content may still be visible in back-up copies for a certain time, including on search engines operated by third parties;
c) the fact that deleted user content may be copied and kept by us for archival purposed, and in particular, to allow it to defend its rights if necessary, and you irrevocably and expressly acknowledge and authorise it to do so;
d) the rating and voting tools are fully automated and are used to register your opinion, to which you agree. You also agree that your opinion may be stored anonymously for statistical purposes. DinnerPlan reserves the right to market the results of this automatic data handling.
- you authorise us to use user content without financial compensation, and particularly to exploit user content both for the purposes of external and internal communication, and for institutional, events, promotional or advertising purposes.
- you acknowledge that we are under no obligation to store your user content and/por to publish your user content and that we can, at any time and without prior notice, delete your user content from the site.
4. Financial conditions
Each user who makes a booking for a Dinnerplan is requested to pay an amount a) associated with the expected costs of preparing and hosting the Dinnerplan (“Hosting fee”) and b) a service fee (“Service fee”) in consideration of provision of the service by DinnerPlan. You agree that you will not use the service for financial gain.
The Service fee includes taxes such as VAT in Europe on the Service fee. The Total fee, which includes the Hosting fee and the Service fee, will be shown to the user when booking a Dinnerplan. Payment will be processed directly by third party payment service provider Mollie B.V.. We may add or change the payment service provider at any times in our sole discretion. Users may cancel a booking up to 96 hours before the starting time of the Dinnerplan, after which a full refund of the Total fee will be provided within 1-2 business days. Dinnerplans can explicitly not be cancelled after 96 hours before the starting time of a Dinnerplan and no refund of any amount will be provided in consideration of the assumption that the host incurs time and expenses in the 96 hours before a Dinnerplan.
Once the Dinnerplan is created, the host receives the Hosting fee which consists of the Hosting fee of the guests attending and the refund of the Hosting fee paid by the host when booking the Dinnerplan. The Hosting fee is to cover the costs associated with preparing and hosting the Dinnerplan.
5. Applicable regulations
We advise you to familiarise yourself with any regulations that may apply to you whether you are a guest or a host. You agree to respect the any regulations governing the premises where a Dinnerplan takes place.
6. Modification of the Terms of Service
These Terms of Service constitute an agreement that can only be unilaterally modified by and at the sole discretion of DinnerPlan. We reserve the right to modify these Terms of Service at any time and any modification will come into effect immediately after publication on the site. By continuing to use the site, you agree to be bound by the modified Terms of Service. If you do not accept the modifications you may no longer use the site and must leave it.
Use of the site is considered to be null and void if it is done in violation of these Terms of Service. By using the site, you declare and guarantee to us that your use of the site is not in violation of any laws or regulations.
8. Creation of your User Account
Before participating in a Dinnerplan, you must first create an unique and personal User Account, using a social media account you have with Facebook or Google. Facebook or Google will ask for your permission to share profile information with us which we will use to create your profile, including a photograph of you. Information about you obtained from Facebook or Google will be available for other users to see. In addition to the information from Facebook and Google, we will ask you for your address, which will be shared with guests in case you are selected as the Dinnerplan host, your favourite drink, favourite food, food-allergies and your best dinner experience, which will all be shared with other users. Information that we ask you for that will explicitly not shared with other users is your phone number and your bank account number.
In the event that you decide to upload a profile picture or change the one we use from your social account, you guarantee to DinnerPlan that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorise DinnerPlan to use your image, and you grant us a license for use under the conditions set out under Article 3 above. You are committed to provide fill, exact and honest information and to keep it permanently up-dated.
9. Your User Account is strictly personal
Your User Account may not be sold or transferred to another person or legal entity. Your User Account is strictly personal to you and contains confidential information about you. You agree not to communicate your social media login in any way or to any person whatsoever.
10. Exclusions and limitations of DinnerPlan’s responsibility
10.1. Limitation to DinnerPlan’s responsibility in relation to user content
DinnerPlan does not play any active role in adding user content, hence we do not have knowledge or control of the data stored and we act merely as a content host. We assume no responsibility for the user content that we store at a user’s request. In case we are made aware that any user content can be considered illicit under applicable law we will remove said user content promptly or make it inaccessible.
10.2. Exclusions from DinnerPlan’s responsibility in relation to access to the site
DinnerPlan is under no obligation of performance or any obligation of best endeavour in relation to the functioning of the site. DinnerPlan shall under no circumstance be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or descutrtion or unauthorised action, nor for any alteration to communication with any user. We reserve 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.
10.3. Limitations of DinnerPlan’s responsibility in relation to the service
DinnerPlan’s responsibility toward the users, under the contact service that it offers, is limited to the amount of commission received from the users for the contact service in question. Thus, in the event that you might suffer damage, of whatever nature, due to a fault committed by us in the contact of the execution of the contact service, the compensation that you would receive from us would be limited to the amount of commission that you paid to us for the contact service in question.
10.4. Exclusions to DinnerPlan’s responsibility in relation to Dinnerplans
DinnerPlan shall under no circumstance be held responsible toward the users for the smooth running and/ or the satisfactory outcome of Dinnerplans.
10.5. Exclusions to DinnerPlan’s responsibility in relation to faults committed by users
DinnerPlan shall under no circumstance be held responsible for a fault committed by users, including if this fault is committed in the context of use of the site or of a service offered by us.
10.6. Exclusions to DinnerPlan’s responsibility in relation to third party websites
The site is likely to contain hypertext links to other websites owned and/ or operated by other parties that us. DinnerPlan shall under no circumstance be held responsible for the products and/ or content of these third party website. In particular, without this list being exhaustive, we cannot be held responsible for the accuracy, relevance, or comprehensiveness of the content of these third party website neither shall it be held responsible for all or part of them. Neither shall DinnerPlan under no circumstance be held responsible for any failure in the payment service provided by Mollie B.V..
10.7. Exclusions to DinnerPlan’s responsibility in relation to regulations applicable to Dinnerplans
The user agrees to make it his/ her own responsibility with regard to regulations which might apply to him/ her as a host or as a guest, or as a user in general. DinnerPlan shall under no circumstance be held responsible in the event of contravention by a user of any applicable regulation.
10.8. General exclusions to DinnerPlan’s responsibility
More generally, and barring any contrary express provision referred to in this article, neither DinnerPlan, nor its directors, employees, nor its agents shall under any circumstance be held responsible for any damage, either direct, or indirect, resulting from the use of the site or of the service provided there, of any contact on the site or other elements, accessible or downloaded from the site, even if we have knowledge of or have been been informed of the likelihood of the occurrence of such damage.
11. DinnerPlan’s ownership of the content on the site
The elements that make up the site and particularly its editorial content, graphics, applications, software, and its features, with the exception of user content (hereafter collectively referred to as “website content”), are the exclusive property of DinnerPlan 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 DinnerPlan is strictly prohibited without the prior written agreement of DinnerPlan. 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 by DinnerPlan. You are authorised to use the site and the website content under the conditions set out in these Terms of Service. Any use of the site or of the website content other than that allowed in these Terms of Service, or in contravention of applicable legislation or third party rights, is strictly forbidden.
12. Trademarks and Trade names
“DinnerPlan”, “Dinnerplan” and “The Dinnerplan”, company’s marks and logo and all other proprietary identifiers used by DinnerPlan in connection with these site and services (“Company Trademarks”) are all trademarks and/ or trade names of DinnerPlan, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company Trademarks and/ or the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
13. Other obligations to which you are subject when you use the site
You agree not to use the site, website content, user content, service offered on the site: a) in an illegal manner or in a manner prejudicial to DinnerPlan, to other users, or to third parties, or under conditions likely to damage, disable, overload, or alter the site, b) to broadcast, publish or store illicit content on the site, in particular, without this list being exhaustive, content that is racist; anti-Semitic; discriminatory; pedophilic; inciting to violence, racial or ethnic hatred; malevolent; bigoted; vulgar; obscene; fraudulent; prejudicial; illegal; injurious; defamatory; infringes privacy or rights to an image; infringes rights to intellectual property; or that is any other way reprehensible, c) to broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT, or telecommunication equipment, d) to collect information relating to other users for any other purpose than for hosting a Dinnerplan, and particularly, without this list being exhaustive, for commercial purposes, to send unsolicited communication, or for the purpose of the systematic collection of information. In particular you agree not to use automated scripts to collect information from the site or to interact with the service or the site.
14. Inform us as soon as you see illicit content
If you see any illicit content on the site, please send an email to firstname.lastname@example.org including sufficient information for us to be able to locate said illicit content on the site. If the illicit content concerns an infringement on intellectual property rights or rights to an image, please include a statement that you are the owner of said rights or authorised to act in the name of the owner.
If you believe an user acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behaviour, please report such person to the appropriate authorities and to us at email@example.com or by reporting the user on the site using the report user tool.
16. Withdrawal of access to the site
Without prejudice to its right to make a claim against you and/ or to demand compensation for damages, DinnerPlan reserves the right to withdraw access to the site, unilaterally and without prior notice at its sole discretion, in addition to other remedies that may be available to DinnerPlan under any applicable law. Such actions by us may be taken, for example, if we deem that you breached any of these Terms of Service in any manner. Additionally, we may at any times, at our sole discretion, cease the operation of the site or a y part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that DinnerPlan does not assume and responsibility with respect to, or in connection with, the termination of the site’s operation and loss of any data, including user content.
17. Legal information
The site was developed by DinnerPlan and possesses all ownership rights over the site as well as over the website content. DinnerPlan acts as the publisher of the site.
For any question relating to the site or to the functioning of the service, you can contact us by writing us at firstname.lastname@example.org
19. Governing Law
20. Information, questions or notification of errors
If you have any questions (or comments) concerning these Terms of Service, you are welcome to send us an email at email@example.com and we will make an effort to reply within a reasonable timeframe.