Version 2.0 in effect from November 15th 2017
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.VIZEAT.COM AND *.VIZEAT.* AND VIZEAT APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE WOULD ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
1.1 VizEat Limited (“VizEat”) is a private limited company incorporated under the laws of England and Wales with the name “VizEat Limited” under number 8627663 and whose registered office address is Acre House, 11-15 William Road, London, United Kingdom NW1 3ER..
1.1 VizEat Limited (“VizEat”) is a private limited company incorporated under the laws of England and Wales with the name “VizEat Limited” under number 8627663 and whose registered office address is Acre House, 11-15 William Road, London, United Kingdom NW1 3ER..
VizEat provides an online platform that connects hosts, who want to offer food experiences, to list and book with guests seeking to book such food experiences (collectively, the “Experiences“), which services are accessible at www.vizeat.com and any other websites through which VizEat makes the services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you love meeting new people and cooking for friends, you can use the VizEat Website to invite people from different cultures to your home or city for a food experience (hereinafter referred to as the “VizEat Invitation”). You will then become a “Host” and should respect, in addition to this Master Agreement, the “Host’s Charter”.
4. 通過 VizEat 網站成為美食客
如果您喜歡美食，願意結交新朋友，您可以在VizEat網站上搜索您最喜歡的美食體驗。然後您會成為我們的“客人”並且您需要遵守除了Master Agreement, 還有“Guest’s Charter”.
The Site, Application and Services can be used to facilitate the listing and Booking of food experiences . Such experiences are included in offerings on the Site, Applications and Services by Hosts. You may view Offerings as an unregistered visitor to the Site, Application and Services; however, if you wish to book anExperience or create an Experience, you must first register to create a VizEat Account.
Thus the VizEat Website serves as a platform for listings and exchange of information. It allows the listing of VizEat 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 VizEat Invitations.
Guests are entirely free to accept or decline VizEat Invitations made to them by Hosts.
Stripe provides services for the issuing, use, and management of e-money. These services are offered on the Website as a means of payment for VizEat Invitations. No other method of payment is available on the Website.
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. Acceptance of a VizEat Invitation by a guest constitutes a “Transaction” as defined under the Terms and Conditions of Stripe.
If you are a Host we also offer you the option to publish a range of content on the VizEat Website to enable Users to get to know you and to find out more about the VizEat 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 VizEat Website itself and, in particular, on the pages published by the Hosts relating to a VizEat 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 VizEat is your property.
You are solely responsible for your user content and guarantee VizEat against any action that may be undertaken against it as a result of user content.
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:
VizEat reserves the right to market the results of this automatic data handling.
8. Financial arrangements
When issuing VizEat Invitations Hosts state the fees that they will charge each Guest, these fees are quoted inclusive of all sales and analogous or other taxes (the “Host’s Charges”). VizEat arranges a service for these fees to be collected and held in a third-party trust account on terms that the funds will be paid in accordance with these T&Cs (arranging this collection and holding service constitutes a part of the VizEat Services). VizEat may charge Guests a fee for the use of the VizEat Services (the “VizEat Fees”). Acceptance of a VizEat Invitation constitutes agreement to pay the Host’s Charges and any VizEat Fees (the “Transaction Fees”). The total amount of the Transaction Fees is the amount payable by the Guest in respect of each VizEat Invitation at the time that the Guest accepts the VizEat Invitation.
Where applicable, the VizEat Fees are calculated as a variable percentage of the Host’s Charges. Any VizEat Fees are payable by the Guests at the same time as payment of the Host’s Charges. To the extent that the VizEat Fees are subject to sales taxes, such as VAT, these taxes will be included in the total amount payable by the Guest in respect of the Transaction Fees. Where VizEat charges VizEat Fees it shall on request provide an invoice in respect of those VizEat Fees, separately identifying any sales taxes charged by VizEat.
Hosts agree and acknowledge that they are responsible for discharging all of their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. VizEat assumes no obligations whatsoever in this regard. In particular, VizEat assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, the VAT or sales taxes treatment of any Hosts or Hosted Events.
If VizEat so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to VizEat, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Hosted Events in which they have participated. Hosts shall, promptly on request, provide to VizEat all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Hosted Events in which those Hosts have participated. Each Host agrees to indemnify VizEat for any VAT or similar sales tax obligations which VizEat is required to pay and which arise wholly from Hosted Events hosted by that Host.
You may only make payments in respect of VizEat Invitations through the payment processing facilities provided on the VizEat Websites, by special arrangement with VizEat through its direct booking services or of through a third-party agency that is authorised by VizEat to provide those parts of the VizEat Services relating to processing payments. Please check with VizEat to ensure that any third-party with whom you are dealing is properly authorised by VizEat. If the VizEat Invitation is transacted through an authorised third-party you may not be required to pay any VizEat Fees, but the authorised third-party agent may instead charge an administration fee.
You agree that the sole and exclusive role and responsibility of VizEat (and any of its authorised third-party agents) in providing VizEat Services relating to processing payments is to arrange the collection of payments from Guests and for the payment of the amounts collected in accordance with these T&Cs (and you agree that they have no other or further liability to you in respect of any payment made).
VizEat may “round off” numbers to the nearest functional base unit in the relevant currency. VizEat uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates
9.Insurance, disputes, resolution and refunds
Guests may need to cancel a VizEat Invitation that they have previously accepted. The Guest shall qualify for a full refund of the Host’s Charges if (a) the Guest notifies VizEat and the Host of cancellation during usual business hours in London (being 9am to 5pm on weekdays other than public holidays) and at least more than 48 hours before the date on which the relevant Hosted Event is due, or (b) if the Host cancels the Hosted Event for any reason.
We hope all Guests enjoy every Hosted Event, however sometimes things go wrong and if a Guest believes that the Host failed to fulfil an essential obligation of the Hosted Event then the Guest may until midnight on the day following the date on which the relevant Hosted Event was scheduled to take place request that the whole or a part of the payment is refunded by using the claim form on the page summarizing the reservation or by sending an email to [email protected] specifying the Hosted Event reference, identifying the Host, specifying the amount of the Transaction Fees, saying how much the Guest wishes to be reimbursed and giving as much information as possible in relation to the problem/ relevant failures/ reasons for believing that payment should be refunded.
VizEat has an insurance policy in force which is intended to give the benefits and protections explained on the section labelled “Guarantee” on the VizEat Websites. Please notify VizEat immediately at [email protected] if you have suffered loss which appears to be covered by the insurance policy. The notification should include all relevant details and include such information and evidence as is available to you to substantiate the claim. By sending the email you agree to provide us with all further information that is reasonably available to you which we request in relation to the claim, including any medical or travel details and expenses, details of any other insurance available to you and any proposed or agreed resolution of any of the circumstances relating to the claim with any third party. VizEat agrees to indemnify or compensate you in respect of any such losses to the extent only that it is able to secure recovery from its insurance policy. VizEat will not deduct any administration fees from any such amount so recovered. Save as provided in this clause VizEat has no further or other obligation or liability in respect of its guarantee.
If you have a dispute relating to a Hosted Event, we 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] or by telephone on +33 (0)9 84 51 97 55
It is important that if, as a Guest, you are not satisfied with a Hosted Event you notify VizEat before midnight on the day following the date on which the relevant Hosted Event was scheduled to take place. Once VizEat has released funds to the Host, it is unable to offer Guests any remedy.
Following receipt of a refund request VizEat may direct that an amount up to the entire value of the Transaction Fees paid by the Guest (less payment transaction costs and any third-party agency fees that VizEat is not entitled to recover) is refunded to the Guest. If, however, VizEat believes that the complaint is without merit, of limited merit or that VizEat is not able to assess the merit of the complaint, then VizEat may direct that the whole or any part of the Transaction Fees are paid to the Host and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Host and the Guest. If no such resolution has been reached within six months, VizEat may direct that 50% of the disputed element of the Host’s Charges is paid to the Host and that 50% of the disputed element of the Host’s Charges is paid to the Guest (and the VizEat Fees shall be paid to VizEat) or may make such other arrangements as then appear appropriate to it (which may include making payment as directed by a Court of competent jurisdiction). VizEat shall have no further or other liability or responsibility to the Host and Guest in respect of any such claim to be refunded. You agree to abide by decisions made by VizEat (even if the decision appears perverse to you).
VizEat agrees to use reasonable endeavours to assess merits of claims and to act in good faith toward Guests and Hosts, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Guests and Hosts or any direction it gives as to the payments to be made to Guests or Hosts in accordance with this clause 8 and you also agree that VizEat may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Host or Guest.
VizEat will endeavour to make refunds to Guests through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it will may require other verification before the refund can be processed. The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
By accepting these T&Cs you agree that if VizEat has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
VizEat has not responsibility or liability in respect of any failing by a payment processor or authorised agent.
Depending on how you use the VizEat Website, you are likely to be bound to us by different contracts, a list of which follows.
If you are just a simple User of the VizEat Website, you are subject to the Master Agreement.
– If you are acting as a Host on the VizEat Website, you are subject to this Master Agreement and to the Host’s Charter. The latter shall prevail, in the event of contradiction, over the Master Agreement.
– If you are acting as a Guest on the VizEat Website, you are subject to this Master Agreement and to the Guest’s Charter. The latter shall prevail, in the event contradiction, over the Master Agreement.
In the event that you become a Guest and/or Host, you will be subject to the terms and conditions of our partner Stripe, available here.
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, VizEat shall not be held responsible.
In the event that a guest should accept a Host’s VizEat Invitation, a contract shall be made between them, to the exclusion of VizEat.
Thus, in the event of a dispute between the Guest and the Host in relation to a failure by one of these parties to honor their contractual obligations, VizEat shall under no circumstances be held responsible.
We advise you to familiarize 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 to respect any regulations governing the premises where a VizEat Invitation takes place.
This Master Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of VizEat.
VizEat 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 VizEat Website.
If you do not accept the modifications that have been made, you may no longer use the VizEat 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 VizEat Website is considered to be null and void if it is done in violation of this agreement.
By using the VizEat website, you declare and guarantee to us that your use of the VizEat website does not infringe any current law or regulation.
The creation of a User Account automatically includes the creation of an “Account” with Stripe, as set out in the Terms and Conditions of Stripe.
We would advise you to read this Master Agreement and the Terms and Conditions of Stripe for further information on this subject.
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 VizEat that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize VizEat 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 VizEat Website, in your dealings with other users and with third parties, by your first name, your city and your country.
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.
In the context of the adding of user content, VizEat does not play any active role the nature of which might entrust it with knowledge or control of the data stored.
In this context, VizEat acts as a content host within the meaning of the regulations.
VizEat 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 British law, VizEat should not have promptly removed said user content or rendered it inaccessible.
VizEat is under no obligation of performance or any obligation of best endeavor in relation to the functioning of the VizEat website.
VizEat shall under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any user.
VizEat 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.
VizEat’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 VizEat in the context of the execution of the contact service, the compensation that you would receive from VizEat would be limited to the amount of commission that you paid to it for the contact service in question.
VizEat shall under no circumstance be held responsible toward the host or toward the guest for the smooth running and/or the satisfactory outcome of VizEat invitations.
Under no circumstance shall VizEat guarantee the relevance and/or the veracity and/or the comprehensiveness of the information exchanged in the context of a VizEat invitation or on the VizEat website.
VizEat 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 VizEat website or of a service offered by VizEat.
With the exception of the responsibility linked to the contact service and set out in article 17.3 above, VizEat shall under no circumstances be held responsible for the other services that it offers free of charge on the VizEat website.
The VizEat website is likely to contain hypertext links to other websites owned and/or operated by other people than VizEat (hereinafter referred to as “third party websites”).
VizEat 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, VizEat 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.
VizEat shall under no circumstance be held responsible for any failure in the payment service provided by its partner.
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.
VizEat shall under no circumstance be held responsible in the event of contravention by a user of any applicable regulation.
More generally, and barring any contrary express provision referred to in article 17 of this agreement, neither VizEat 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 VizEat website or of the services provided there, of any content on the VizEat website or other elements, accessible or downloaded from the website, even if VizEat has knowledge or has been informed of the likelihood of the occurrence of such damage.
The elements that make up the VizEat 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 VizEat 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 VizEat is strictly forbidden without the prior written agreement of VizEat.
You are authorized to use the VizEat Website and the Website Content under the conditions set out in this agreement. Any use of the VizEat 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.
You agree not to use the VizEat Website, Website Content, User Content, Contact Service or the other services offered on the VizEat Website:
In particular you agree not to use automatic scripts to collect information from the VizEat Website or to interact with the Contact Service or the VizEat Website.
If you see any Illicit Content on the VizEat 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 VizEat 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 authorized to act in the name of said owner.
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, VizEat reserves the right to withdraw your access to the VizEat 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 VizEat Website.
You acknowledge and agree that VizEat 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 VizEat Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your computer, this ban or restriction may have an unfavorable effect on your use of the VizEat Website. You acknowledge and agree that VizEat can also store your personal information on computers in Europe and beyond its borders. By using the VizEat Website, you acknowledge and agree that VizEat can, at its sole discretion:
The VizEat Website was developed by the VizEat Company.
VizEat possesses all ownership rights over the VizEat Website as well as over the Website Content.
VizEat acts as publisher of the VizEat Website.
The publishing director of the VizEat Website is the co-founder of VizEat, Mrs. Camille Rumani.
The VizEat Website is hosted and managed by the VizEat company.
For any question relating to the VizEat Website or to the functioning of the Contact Service, you can contact us by the following means:
– 郵件：[email protected]
- 電話：+33 (0)9 84 51 97 55
This master agreement, contact service, other services offered by VizEat on the VizEat website, and the use of the VizEat website are subject to British law.
Barring contrary applicable public order, any dispute between yourself and VizEat in relation to this master agreement, the contact service, or other services offered by VizEat on the VizEat website, or use of the VizEat website will be subject to the geographical jurisdiction of competent courts within the jurisdiction of the court of appeal of London, United Kingdom.
Our claims service can be contacted:
– 以下郵箱：[email protected].
- 電話：+33 (0)9 84 51 97 55.
The following wording is defined in the following article:
Host’s Charter : Article 3
Guest’s Charter : Article 4
Terms and conditions of Stripe : Article 6
Website Content : Article 18
Illicit Content : Article 19
User Content : Article 7
Host : Article 3
Guest : Article 4
Master Agreement : Article 1
VizEat : Article 1
Stripe : Article 6
Stripe Wallet : Article 9
We/us : Article 1
VizEat Invitation : Article 3
Contact Service : Article 5
VizEat Website : Article 1
Third Party Websites : Article 17.7
User : Article 1頭條