A. LEGAL NOTICES
The website www.helponzerestaurants.be are published by:
La Fourchette SAS
A simplified joint stock company with capital of 74,731,355.00 Euros
Registered office: 70, rue Saint-Lazare, 75009 Paris, France
RCS PARIS 494 447 949
European VAT No.: FR71494447949
Publication director: Bertrand Jelensperger.
Telephone: +33 01 83 77 77 00
The website www.helponzerestaurants.be is hosted by:
Amazon Web Services EMEA SARL
38 avenue John F. Kennedy, L-1855 Luxembourg
"TheFork" : means the company La Fourchette SAS.
"Save Our Restaurants Site" : refers to the website accessible at "www.helponzerestaurants.be " .[a]
"User" : means any individual over 18 years of age, capable of entering into contracts, who visits Save Our Restaurants Site and in the plural “Users”.
"Restaurateur Content" : refers to elements of the restaurant page provided to TheFork by Users who are restaurateurs or which such Users have authorised TheFork use, such as food and beverage prices, average price of a meal, the name of the chef, restaurant availability, the menu, calendar, restaurant themes and photos of the restaurant.
1. Description of Save Our Restaurants Site
The Use of Save Our Restaurants Site is subject to limitations of liability on the part of TheFork. Please refer to Article 7 "Limitation of Liability" for details.
Save Our Restaurants Site is a platform allowing Users to connect with the restaurants listed on Save Our Restaurants Site and to purchase pre-paid vouchers from such restaurants.
2. Use of Save Our Restaurants Site
The use of the Save Our Restaurants Site is free.
3. Services offered by third parties
Users acknowledge that Pre-paid vouchers are offered on the Save Our Restaurants Site by the restaurants and not by TheFork. Payments are facilitated by Stripe, who may charge transaction fees to restaurants but not to Users.
4. Access and Use of Save Our Restaurants Site
4.1 Conditions of eligibility
Use of Save Our Restaurants Site is subject to the following cumulative eligibility requirements: as a User (i) you are at least 18 years of age and (ii) you have the legal capacity to submit to be bound by legal obligations.
4.2 Access to Save Our Restaurants Site
TheFork reserves the right to suspend, delete or modify all or part of Save Our Restaurants Site or the services offered on Save Our Restaurants Site without prior notice. TheFork also reserves the right to suspend access to Save Our Restaurants Site for all or any Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason, and at any time.
4.3 Prohibited Actions
Users undertake to not:
- use Save Our Restaurants Site or its contents for illegal, illegitimate or fraudulent purposes;
- submit Restaurateur Content to Save Our Restaurants Site that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder; and
- use, monitor, extract or copy the architecture, content or data of Save Our Restaurants Site or the actions of any User on Save Our Restaurants Site by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose.
6. Intellectual property
6.1 Adherence to national and international intellectual property law
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from TheFork or available on Save Our Restaurants Site, to another individual or legal entity from any country. Users agree to adhere to the intellectual property provisions below.
6.2 Ownership of rights
All moral and patrimonial intellectual property rights relating to the content and information on Save Our Restaurants Site belong to TheFork, with the exception of third party rights, for which TheFork has obtained the necessary rights or licences.
6.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.
All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on Save Our Restaurants Site and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of TheFork and/or its licensors.
6.4 Prohibition on unauthorised use
Therefore, without prior written permission from TheFork and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from Save Our Restaurants Site.
7. Limitations of liability
To the extent permitted by law, TheFork offers no warranty whatsoever in relation with the Restaurateur Content or the services and/or commercial practices of the third parties listed on Save Our Restaurants Site.
7.2 Use of Save Our Restaurants Site
Due to the specific nature of the Internet, TheFork does not warrant uninterrupted access to Save Our Restaurants Site or service continuity, the only obligation of TheFork being one of reasonable endeavours in this respect.
TheFork shall not be liable for any failure to access Save Our Restaurants Site or for any damage or loss arising out of the use or inability to use Save Our Restaurants Site or its content, except as provided by law.
TheFork does not warrant that the information displayed is detailed, complete, verified or accurate. The Restaurateur Content, information, restaurant pages and, in general, any content on Save Our Restaurants Site are provided "as is" without any express or implied warranties of any kind whatsoever.
7.3 Users indemnities
Users agree to indemnify TheFork against any liability, damage, expense, claim or cost, incurred by TheFork arising from any claim or dispute, in or out of court, in relation with the use of Save Our Restaurants Site, including the posting of Restaurateur Content on Save Our Restaurants Site.
In any case, Users explicitly acknowledge and agree to use Save Our Restaurants Site at their own risk and under their sole responsibility.
8. Applicable law and jurisdiction
Pursuant to EU Directive 2013/11/EU of 21 May 2013 on the out-of-court settlement of consumer disputes, the link to the European online dispute resolution platform can be found below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
[a]TBC pending above answer