Version 1.0 in effect from February 15th 2016
THIS DOCUMENT CONTAINS IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.MUNCHTOGETHER.COM AND *.MUNCH TOGETHER.*, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
1. Binding power of this document
Munch Together is a Private Limited Company incorporated on the 13/11/2015 and has the Company Number: SC520272. The company's Country of Origin is: United Kingdom (hereinafter referred to as "Munch Together", "we", or "us").
We have created and operate the website that is accessible at the addresses www.munchtogether.com and *.Munch Together.*, the purpose of which is to be a platform for the listing and exchange of information, enabling people to become acquainted over a meal, known as a “Munch”.
By using the Munch Together Website, you are agreeing to be bound by these terms and conditions which constitute a contract between yourself and Munch Together (hereinafter referred to as the “Master Agreement”). In this context you are referred to as the “User.”
If you do not agree to be bound by the Master Agreement, you are not allowed to use the Munch Together Website and you are obliged to leave it.
2. What we are offering to you via the Munch Together Website
We set up the Munch Together Website to facilitate your meetings with one or several people to share a meal that you have prepared or that has been prepared for you. These are people that may be strangers or people that you already know.
3. Become a Host via the Munch Together Website
If you enjoy meeting new people and learning about different cultures, you can use the Munch Together Website to invite people to your home for a meal (hereinafter referred to as the “Munch Together Invitation”). You will then become a “Host” and should respect, in addition to this Master Agreement, the “Host’s Guide”.
4. Become a Guest via the Munch Together Website
If you love food and/or meeting people, you can search the Munch Together Website for Munch Together Invitations. You will then become a “Guest” and should respect, in addition to this Master Agreement, the “Guest Guide”.
5. Our role on the Munch Together Website
Our role is to put Hosts in contact with Guests via a listing on the Munch Together Website (hereinafter referred to as the “Contact Service”).
Thus the Munch Together Website serves as a platform for listings and exchange of information. It allows the listing of Munch Together Invitations by Hosts which conform to a certain number of objective criteria, and include key information about the Invitations as well as contributions from Guests.
Hosts are entirely free to define their own individual conditions for their Munch Together Invitations.
Guests are entirely free to accept or decline Munch Together Invitations made to them by Hosts.
Our Contact Service is aimed exclusively at persons over 18 years of age and/or having the legal capacity to enter into a contract.
6. E-money transfers and payments
Stripe provides services for the issuing, use and management of e-money for Munch Together, hosts and guests. These services are offered on the Munch Together Website as a means of payment for Munches. No other method of payment is available on the Website.
Before becoming a Host or Guest, we would encourage you to familiarise yourself with the terms and conditions for use ofStripe. If you become a Host or Guest, you agree to be bound by the Terms and Conditions of Stripe.
The creation of a Host or Guest account includes the creation of an “Account” as defined under the Terms and Conditions of Stripe.
7. Your publications on the Munch Together Website
If you are a Host we also offer you the option to publish a range of content on the Munch Together Website to enable other Users to get to know you and to find out more about the Munch Together Invitations that you are offering (hereinafter referred to as the “Host Content”).
If you are a Guest, we also offer you the option to give feedback, and to post content on the Munch Together Website itself and, in particular, on the pages published by the Hosts relating to a Munch Together Invitation in which you have participated (hereinafter referred to as the “Guest Content”).
More generally, you can post content on the Website as a simple User (this content, the Guest Content and the Host Content shall hereinafter be referred to together as “User Content”).
User Content that you post on Munch Together is your property.
You are solely responsible for your user content and guarantee Munch Together against any action that may be undertaken against it as a result of user content.
By posting User Content on the Munch Together Website:
– You expressly agree that it will be made public.
– You allow everyone, including persons who do not use the Munch Together Website, 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 Munch Together Website 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 Munch Together Website or in relation to the Munch Together Website.
This license allows us in particular, without this list being exhaustive, to edit your 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 Munch Together Website, 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, either via your account, or by expressly requesting its removal by sending a recorded delivery letter with signed proof of receipt. You must include your identity, your contact details, and enough information in your request to allow us to find the User Content concerned in order to delete it (in addition you must allow sufficient time for us to deal with your request).
However, we would like to draw your attention to:
(i) The fact that User Content is neither edited by Munch Together. If content is cause for concern, disruptive or offensive in any way, Munch Together maintains the right to remove the relevant User Content.
(ii) 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.
(iii) The fact that deleted User Content may be copied and kept by Munch Together for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably and expressly acknowledge and authorise it to do so.
(iv) The recommendation and review tools (the functioning of which is not carried out by human intervention of Munch Together staff) are able to anonymously and irrevocably register your opinion, to which you agree. You also agree that your opinion may be stored anonymously for statistical purposes.
Munch Together 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 use User Content both for 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/or to publish your User Content and that we can, at any time and without prior notice, delete your User Content from the Munch Together Website.
8. Financial conditions
A payment to cover costs is requested from Guests for each Munch Together Invitation in the form of a fixed amount payable before the Munch Together Invitation.
Each Host agrees to use the Munch Together Website on an occasional basis and not to use it for financial gain.
Hosts are requested to keep all receipts for costs incurred for each Munch Together Invitation.
Munch Together receives remuneration in the form of a commission in exchange for its Contact Service.
Munch Together will charge to the Guest the total amount, which includes the price displayed by the host (the “Hospitality Expenses”) and the service charges corresponding to 16% of hospitality expenses. Munch Together will keep the total amount paid by the Guest and will transfer only the hospitality expenses to the Host within 48 hours after Munch Together Invitation.
9. Terms and methods of payment
Payment of the amount requested by the Host and of our commission, including tax, for a Munch Together Invitation should be made by the Guest before the date set for the Munch Together Invitation concerned, as soon as the invitation is accepted by the Guest, in e-money via the payment module, Stripe.
This payment relates to theTerms and Conditions of Stripe.
Except in the event of a rare technical problem, the Host receives payment for the Munch Together Invitation in, after deduction of our commission, in the forty eight (48) hours following the agreed date of the Munch Together Invitation concerned.
However, in the event that a Host may not have fulfilled the essential obligations in relation to the Guest, this Guest has the option until [midnight on the day following] a Munch Together Invitation to send an email to [email protected] The Guest must then supply as much information as possible to explain the problem and Munch Together will assess accordingly. The payment, including our commission, will then be refunded to the Guest as soon as possible. It is the Guest’s responsibility to notify Munch Together.
10. Contracts likely to bind you to a third party in the event of use of the Munch Together Website
In the event that you become a Guest and/or Host, you will be subject to the terms and conditions of our e-money service provider, Stripe.
Thus, in the event of a dispute between Stripe and yourself in relation to a failure by one of the parties in any of their contractual obligations, Munch Together shall not be held responsible.
In the event that a guest should accept a Host’s Munch Together Invitation, a contract shall be made between them, to the exclusion of Munch Together.
Thus, in the event of a dispute between the Guest and the Host in relation to a failure by one of these parties to honour their contractual obligations, Munch Together shall under no circumstances be held responsible.
11. Applicable regulations
We advise you to familiarise with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you whether you are a Guest or a Host.
You agree not to charge for alcoholic drinks during a Munch Together Invitation except in accordance with the applicable regulations. Alcohol abuse is damaging to your health. Licensed premises are subject to specific regulations, the contravention of which is liable to criminal sanctions.
You agree to respect any regulations governing the premises where a Munch Together Invitation takes place.
12. Modification of the Master Agreement
This Master Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of Munch Together.
Munch Together reserves the right to modify this Master Agreement at any time. Any modification of this agreement will come into effect when it is published on the Munch Together Website.
By continuing to use the Munch Together Website, you agree to be bound by the modified Master Agreement.
If you do not accept the modifications that have been made, you may no longer use the Munch Together Website and must leave it.
We would advise you to print a copy of each version of the Master Agreement that would apply to you for your records. To ensure that you are fully informed, the date of implementation of each modified Master Agreement is shown in the heading of the document.
Use of the Munch Together Website is considered to be null and void if it is done in violation of this agreement.
By using the Munch Together website, you declare and guarantee to us that your use of the Munch Together website does not infringe any current law or regulation.
14. Creation of your User Account
Before becoming a Host or a Guest, you must first create a unique and personal “User Account” (hereinafter referred to as the “User Account”) and create an available user name (hereinafter referred to as the “Login”) and a password (hereinafter referred to as the “Password”) and complete it by providing, as a minimum, the following obligatory information:
– Your family name.
– Your first name.
– Your email address
– A photograph of yourself
In the event that you decide to upload a profile photograph, you are committed to providing a photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Munch Together that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorise Munch Together to use your image, and that you grant it a license for use under the conditions set out in article 7 above.
You are committed to provide full, exact and honest information and to keep it permanently up-dated.
You will be identified on the Munch Together Website, in your dealings with other users and with third parties, by your profile photograph, you first name, your city and your country.
Your User Account will not be validated unless (i) you expressly declare and guarantee to us that you are a person aged over 18 years and/or with the capacity to enter into a contract, and (ii) you have agreed to our terms & conditions.
15. 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 Login or Password in any way or to any person whatsoever.
16. Exclusions and limitations to Munch Together’s responsibility
16.1. Limitation to Munch Together’s responsibility in relation to user content
In the context of the adding of user content, Munch Together does not play any active role the nature of which might entrust it with knowledge or control of the data stored.
In this context, Munch Together acts as a content host within the meaning of the regulations.
Munch Together cannot be held responsible for the user content that it stores at a user’s request unless, having been made aware of the illicit nature of any user content under the form and conditions of Scottish law, Munch Together should promptly remove said user content or rendered it inaccessible.
16.2. Exclusions from Munch Together’s responsibility in relation to access to the Munch Together website
Munch Together is under no obligation of performance or any obligation of best endeavour in relation to the functioning of the Munch Together website.
Munch Together 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 unauthorised action, nor for any alteration to communication with any user.
Munch Together 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.
16.3. Limitation of Munch Together’s responsibility in relation to the contact service
Munch Together’s responsibility toward the host or toward the guest, under the contact service that it offers, is limited to the amount of commission received from the parties for the contact service in question.
Thus, in the event that you might suffer damage, of whatever nature, due to a fault committed by Munch Together in the context of the execution of the contact service, the compensation that you would receive from Munch Together would be limited to the amount of commission that you paid to it for the contact service in question.
16.4. Exclusions to Munch Together’s responsibility in relation to Munch Together invitations themselves
Munch Together shall under no circumstance be held responsible toward the host or toward the guest for the smooth running and/or the satisfactory outcome of Munch Together invitations.
Under no circumstance shall Munch Together guarantee the relevance and/or the veracity and/or the comprehensiveness of the information exchanged in the context of a Munch Together invitation or on the Munch Together website.
16.5. Exclusions to Munch Together’s responsibility in relation to faults committed by users
Munch Together 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 Munch Together website or of a service offered by Munch Together.
16.6. Exclusions to Munch Together’s responsibility in relation to additional services offered
With the exception of the responsibility linked to the contact service and set out in article 17.3 above, Munch Together shall under no circumstances be held responsible for the other services that it offers free of charge on the Munch Together website.
16.7. Exclusions to Munch Together’s responsibility in relation to third party websites
The Munch Together website is likely to contain hypertext links to other websites owned and/or operated by other people than Munch Together (hereinafter referred to as “third party websites”).
Munch Together shall under no circumstance be held responsible for the products and/or content of these third party websites. In particular, without this list being exhaustive, Munch Together cannot be held responsible for the accuracy, relevance, or comprehensiveness of the content of these third party websites neither shall it be held responsible for all or part of them.
Munch Together shall under no circumstance be held responsible for any failure in the payment service provided by the e-money service provider, Stripe.
16.8. Exclusions to Munch Together’s responsibility in relation to regulations applicable to a Munch Together invitation
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.
Munch Together shall under no circumstance be held responsible in the event of contravention by a user of any applicable regulation.
16.9. General exclusions to Munch Together’s responsibility
More generally, and barring any contrary express provision referred to in article 17 of this agreement, neither Munch Together 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 the Munch Together website or of the services provided there, of any content on the Munch Together website or other elements, accessible or downloaded from the website, even if Munch Together has knowledge or has been informed of the likelihood of the occurrence of such damage.
17. Munch Together’s ownership of the content on the Munch Together Website
The elements that make up the Munch Together 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 Munch Together 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 Munch Together is strictly forbidden without the prior written agreement of Munch Together.
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 Munch Together.
You are authorised to use the Munch Together Website and the Website Content under the conditions set out in this agreement. Any use of the Munch Together 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.
18. Other obligations to which you are subject when you use the Munch Together Website
You agree not to use the Munch Together Website, Website Content, User Content, Contact Service or the other services offered on the Munch Together Website:
– In an illegal manner or in a manner prejudicial to Munch Together, to other Users, or to third parties, or under conditions likely to damage, disable, overload, or alter the Munch Together Website.
– To broadcast, publish, or store illicit content on the Munch Together Website (hereinafter referred to as “Illicit Content”), in particular, without this list being exhaustive, content that is racist; anti-Semitic; discriminatory; paedophilic; 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 in any other way reprehensible.
– 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.
– To offer products or services to Users of the Munch Together Website other than Munch Together Invitations.
– To extract or collect email addresses or other information relating to Users, Hosts, and/or Guests for any other purpose than that of offering or participating in a Munch Together Invitation, 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 automatic scripts to collect information from the Munch Together Website or to interact with the Contact Service or the Munch Together Website.
19. Inform us as soon as you see Illicit Content
If you see any Illicit Content on the Munch Together Website you can send us written notification by email to the address [email protected], including the following information: (a) identification of the content concerned, (b) information to enable us to locate the content in question on the Munch Together Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number, (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorised to act in the name of said owner.
20. Exclusion – Withdrawal of access to the Munch Together Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Munch Together reserves the right to withdraw your access to the Munch Together Website, unilaterally and without prior notice if you are guilty of infringement of intellectual property rights or if you have published Illicit Content on the Munch Together Website.
21. Cookies and personal information
You acknowledge and agree that Munch Together can 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 Munch Together 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 unfavourable effect on your use of the Munch Together Website. You acknowledge and agree that Munch Together can also store your personal information on computers in United Kingdom and beyond its borders. By using the Munch Together Website, you acknowledge and agree that Munch Together can, at its sole discretion:
– Store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
– Enforce the terms of the Master Agreement.
– Respond to complaints about any User Content or any Munch Together Invitation that may infringe the rights of a third party.
– Protect the rights, property and security of Munch Together, of Users, and the public.
22. Legal information
The Munch Together Website was developed by the Munch Together Company.
Munch Together possesses all ownership rights over the Munch Together Website as well as over the Website Content.
Munch Together acts as publisher of the Munch Together Website.
The publishing director of the Munch Together Website is the co-founder of Munch Together, Mr Kyle Whittington.
The Munch Together Website is hosted and managed by Munch Together, Room 1/05 Edinburgh Napier University, Craiglockhart Campus, 219 Colinton Road, Edinburgh, United Kingdom, EH14 1DJ.
23. Governing law
This master agreement, contact service, other services offered by Munch Together on the Munch Together website, and the use of the Munch Together website are subject to Scottish law.
24. Competent jurisdiction – clause conferring jurisdiction
Barring contrary applicable public order, any dispute between yourself and Munch Together in relation to this master agreement, the contact service, or other services offered by Munch Together on the Munch Together website, or use of the Munch Together website will be subject to the geographical jurisdiction of competent courts within the jurisdiction of the court of appeal of Edinburgh, Scotland.
25. Amicable resolution of disputes
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
– By email at the following address: [email protected]
– By post at the following address: Room 1/05 Edinburgh Napier University, Craiglockhart Campus, 219 Colinton Road, Edinburgh, United Kingdom, EH14 1DJ