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.sootasty.net AND *.SOOTASTY* AND SOOTASTY MOBILE APPLICATIONS AND API, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE WOULD ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
1.1 SooTasty & SooGood is a Company under French law with a share capital of 1,000 Euros with a registered office located at 22 Rue Guillaumont, 06600 Antibes listed under the number 842238362 at the R.C.S of Antibes (hereinafter referred to as “SooTasty”, “we”, or “us”).
1.2 SooTasty operates websites, social media channels, APIs and applications (“SooTasty Websites”) and provides a platform, services and market place by which users may issue invitations (the “SooTasty Invitations”) offering to host or facilitate meals (or other social gatherings) (“Hosted Events”) which others may accept.
1.3 Your use of the SooTasty Websites and the services offered by SooTasty (the “SooTasty Services”) is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.4 In these T&Cs users who issue SooTasty Invitations are (in that capacity) referred to as “Hosts” and users who accept SooTasty Invitations are referred to (in that capacity) as “Guests”. A single user may be either a Host or a Guest in relation to different Hosted Events. SooTasty provides a global marketplace allowing Hosts and Guests to contract with one another.
1.5 Unless SooTasty expressly agrees to the contrary in writing, all your dealings with SooTasty will be on and subject to the terms of these T&Cs.By using the SooTasty Websites and the SooTasty Services, you agree to be bound by these T&Cs.
1.6 These T&Cs may be updated from time to time, updates will be posted on the SooTasty website and we shall endeavour to notify registered users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time.We may also modify the operation of the SooTasty Services and the amounts charged and payment mechanisms.These changes will not have retrospective application.If the modified T&Cs are not acceptable to you, your only recourse is to cease using the SooTasty Websites and SooTasty Services. If you do not cancel your SooTasty registration you will be deemed to have accepted the changes.
1.7 Subject to your compliance with these T&Cs, SooTasty grants you a limited non-exclusive, non-transferable licence to download and install a copy of the applications forming a part of the SooTasty Websites on each mobile device or computer that you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it. SooTasty reserves all rights in the application not expressly granted to you by these T&Cs.
1.8 If you do not agree to be bound by these T&Cs, you may not use the SooTasty Websites or SooTasty Services.
2.1 Unregistered visitors may view the SooTasty Websites.Only registered users may post content on the SooTasty Websites and issue or accept SooTasty Invitations. Registered users are identified on the SooTasty Website by their first name and registered city and country. SooTasty may rank or rate registered users. As a user you represent to SooTasty that you will only use the SooTasty Websites and SooTasty Services for lawful purposes and where it is lawful to so use them.
2.2 You acknowledge and agree that, by accessing or using the SooTasty Websites or SooTasty Services or by downloading or posting any content to or from the SooTasty Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.4 Registration and access to the SooTasty Services are intended solely for persons who are 18 or older. Any access or use of the SooTasty Websites or SooTasty Services by anyone under 18 is expressly prohibited. By using the SooTasty Websites and SooTasty Services you represent and warrant that you are aged 18 years or older.
2.5 You agree to compete the registration process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date.You may maintain only one registration with SooTasty, and may not register as a SooTasty user on behalf of an individual other than yourself.Your registration with SooTasty is personal to you and may not be sold or transferred without SooTasty’s prior written agreement.You agree never to disclose your login details or password (except for the purpose of your logging in to the SooTasty Websites yourself).
2.6 By registering as a user with SooTasty you agree that SooTasty may request consumer, credit rating and similar reports on you.If SooTasty requests any such report, it will request and use it in compliance with applicable law.
2.7 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in SooTasty incurring any obligations or liabilities.
2.8 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.
3. Our content and your use of the SooTasty Website
3.1 Apart from the content generated by registered users, all the elements that make up the SooTasty Websites and SooTasty Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to SooTasty (or the person from whom SooTasty licences it). You agree that you have no entitlement to any part of the SooTasty Websites or SooTasty Services otherwise than to view content and use the communications facilities in connection with arranging and promoting Hosted Events and issuing, accepting and paying for SooTasty Invitations in accordance, in each case, with these T&Cs.You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the SooTasty Websites and SooTasty Services without SooTasty’s prior written agreement.
3.2 In using the SooTasty Website and SooTasty Services you agree that you will not:
3.2.1 Circumvent SooTasty’s legitimate commercial interests by participating in a transaction related to a Hosted Event independent of the SooTasty Websites and SooTasty Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the SooTasty brand in any way;
3.2.2 Use any part of the SooTasty Website or SooTasty Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies SooTasty endorsement, partnership or otherwise misleads others as to your affiliation with SooTasty or any of its users or partners;
3.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the SooTasty Website and SooTasty Services, or (ii) collect information from or otherwise interact with SooTasty Website or SooTasty Services, or (iii) systematically retrieve data or other content from any of the SooTasty Websites to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the SooTasty Websites and SooTasty Services or the technical delivery systems of SooTasty’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the SooTasty Websites or SooTasty’s Services or SooTasty’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the SooTasty Website or any other website, application or electronic communication, or (vii) 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;
3.2.4 Access or use any of the SooTasty Website or SooTasty Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by SooTasty in its search results pages or listing pages before a SooTasty Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by SooTasty; or (iii) in any way that violates the privacy or any other rights of any other of SooTasty’s users or any other third party;
3.2.5 Register and/or use any intellectual property of SooTasty (or persons from which it licences intellectual property) or in the name “SooTasty” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of SooTasty or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
3.2.6 Copy, store or otherwise access or use any information contained on any of the SooTasty Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the SooTasty Websites or SooTasty Services, or any individual element within the any of the SooTasty Websites or SooTasty Services, SooTasty’s name, any SooTasty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the SooTasty Websites and SooTasty Services, without SooTasty’s express written consent;
3.2.7 Interfere with or damage any of the SooTasty Websites or SooTasty Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than SooTasty Invitations);
3.2.8 “Stalk” or harass any other user of any of the SooTasty Websites or SooTasty Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);
3.2.9 Contact any SooTasty user otherwise than about a SooTasty Invitation;
3.2.10 Recruit or otherwise solicit any SooTasty user to join a third-party service or website whether or not it is competitive to SooTasty, without SooTasty’s prior written approval;
3.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by SooTasty or any of SooTasty’s providers or any other third party (including another user) to protect any part of the SooTasty Websites or SooTasty Services, forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any part of any of the SooTasty Websites or SooTasty Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the SooTasty Websites or SooTasty Services; or
3.2.12 Advocate, encourage, or assist any third party in doing any of the foregoing.
3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SooTasty Websites, SooTasty Services and ancillary documentation.You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the SooTasty Website or SooTasty Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SooTasty or its licensors, except for the licenses and rights expressly granted in these T&Cs.
4 Your Content
4.1 Registered users may post content on the SooTasty Websites.Anything that you post (or otherwise cause to be visible) on a SooTasty Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”).SooTasty’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent.You agree that if you have linked your SooTasty registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
4.2 You are responsible for all Your Content.By registering to use the SooTasty Websites you agree that:
4.2.1 Any representation that you publish is true;
4.2.2 You shall not use the SooTasty Websites or SooTasty Services to offer products or services other than SooTasty Invitations
4.2.3 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
4.2.4 None of Your Content shall include any images which you do not ownor which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a Hosted Event, in respect of which the relevant Host has consented to you publishing);
4.2.5 You shall not use the SooTasty Website or SooTasty Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.6 All Your Content may be made public and associated with you;
4.2.7 SooTasty is under no obligation to store and/or to publish Your Content (and SooTasty may at any time and without prior notice delete Your Content from any part of the SooTasty Website);
4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and SooTasty operates to transfer any intellectual property rights to you;
4.2.9 You grant (or shall procure the grant) to SooTasty of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the SooTasty Website;
4.2.10 SooTasty may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
4.2.11 SooTasty may use and exploit Your Content (and information that SooTasty learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote SooTasty’s Services generally; and
4.2.12 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize SooTasty to use your image.
4.4 By accepting these T&Cs you grant SooTasty a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the SooTasty Websites and SooTasty Services and may also include promoting or marketing the SooTasty Websites and SooTasty Services). SooTasty does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
4.5 Notwithstanding the licences granted to SooTasty pursuant to clauses 4.2.8 and 4.3, SooTasty shall use reasonable endeavours to remove such of Your Content as you request us to remove from our current SooTasty Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the SooTasty Websites).
4.6 The SooTasty Websites and SooTasty Services may provide links or referrals to other websites, services, publications or applications. SooTasty makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on SooTasty when assessing or using them and that SooTasty shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. SooTasty assumes no responsibility for the content of websites linked on our site. SooTasty will not be liable for any loss or damage that may arise from your use of them.In this context you confirm that SooTasty is not responsible for the actions or failures of its payment providers.
4.7 You agree and consent that SooTasty may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you.Except to the extent that anything done by SooTasty create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold SooTasty harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
5.1 By accepting these T&Cs you agree that SooTasty may collate and analyse data resulting from your use of the SooTasty Websites and SooTasty Services and may use and sell the resulting information.
5.2 SooTasty will use reasonable endeavours to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the SooTasty Services or to operate the SooTasty Website or as permitted by clause 5.3.
5.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
5.4 To the extent required by applicable law, SooTasty shall on request of the relevant registered user delete all information that is personal to that registered user. SooTasty may however (subject to applicable laws) retain data that may have been obtained by previous interactions with SooTasty provided that that data cannot be linked to any individual person.
5.5 SooTasty reserves the right to market the results of this automatic data handling.
5.6 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of SooTasty, including by inappropriately using any SooTasty intellectual property.
6. Hosted Events
6.1 The SooTasty Websites and SooTasty Services comprise an online platform designed to enable Hosts to create SooTasty Invitations for Hosted Events and for Guests to learn about and book Hosted Events directly with the Hosts. You understand and agree that SooTasty is not a party to any agreements between Hosts and Guests and that SooTasty has no control over (and not liability or obligation to you in respect of) the conduct of (i) Hosts, (ii) Guests, (iii) other users of the SooTasty Websites and SooTasty Services or (iv) others attending or facilitating Hosted Events.You agree that SooTasty is not responsible for any damage or harm resulting from your interactions with other users of the SooTasty Websites or SooTasty Services and you accept that (to the maximum extent permitted by law) SooTasty disclaims all liability resulting from the conduct or any such person.
6.2 By agreeing to these T&Cs you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations) that apply to any Hosted Event.
6.3 You agree that SooTasty shall under no circumstance be held responsible or liable for any representation in a SooTasty Invitation or for a Hosted Event not running smoothly or as advertised or otherwise being unsatisfactory.
6.4 In certain circumstances, SooTasty may decide, in its sole discretion, that it is necessary or desirable to cancel a Hosted Event these circumstances SooTasty may determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that SooTasty and the relevant Guest or Host will have no liability to you in respect of such cancellations or refunds.
7. Financial arrangements
7.1 When issuing SooTasty 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”).SooTasty 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 SooTasty Services).SooTasty may charge Guests a fee for the use of the SooTasty Services (the “SooTasty Fees”).Acceptance of a SooTasty Invitation constitutes agreement to pay the Host’s Charges and any SooTasty Fees (the “Transaction Fees”).The total amount of the Transaction Fees is the amount payable by the Guest in respect of each SooTasty Invitation at the time that the Guest accepts the SooTasty Invitation.
7.2 Where applicable, the SooTasty Fees are calculated as a variable percentage of the Host’s Charges.Any SooTasty Fees are payable by the Guests at the same time as payment of the Host’s Charges.To the extent that the SooTasty 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 SooTasty charges SooTasty Fees it shall on request provide an invoice in respect of those SooTasty Fees, separately identifying any sales taxes charged by SooTasty.
7.3 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. SooTasty assumes no obligations whatsoever in this regard. In particular, SooTasty 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.
7.4 If SooTasty so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to SooTasty, 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 SooTasty 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 SooTasty for any VAT or similar sales tax obligations which SooTasty is required to pay and which arise wholly from Hosted Events hosted by that Host.
7.5 You may only make payments in respect of SooTasty Invitations through the payment processing facilities provided on the SooTasty Websites, by special arrangement with SooTasty through its direct booking services or of through a third-party agency that is authorised by SooTasty to provide those parts of the SooTasty Services relating to processing payments.Please check with SooTasty to ensure that any third-party with whom you are dealing is properly authorised by SooTasty.If the SooTasty Invitation is transacted through an authorised third-party you may not be required to pay any SooTasty Fees, but the authorised third-party agent may instead charge an administration fee.
7.6 You agree that the sole and exclusive role and responsibility of SooTasty (and any of its authorised third-party agents) in providing SooTasty 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).
7.7 Payments are made by Guests through selected payment providers.The terms on which the payment providers hold funds are stated in their terms.SooTasty may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from SooTasty’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Guest).
7.8 SooTasty may “round off” numbers to the nearest functional base unit in the relevant currency. SooTasty uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates
8. Insurance, disputes, resolution and refunds
8.1 Guests may need to cancel a SooTasty Invitation that they have previously accepted, in such cases please contact SooTasty at email@example.com. Guests shall qualify for a full refund of the Host’s Charges if (a) the Guest notifies SooTasty and the Host of cancellation during usual business hours in London (being 9am to 5pm on weekdays other than public holidays) at least 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.
8.2 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 firstname.lastname@example.org 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.
8.3 SooTasty has an insurance policy in force which is intended to give the benefits and protections explained on the section labelled “Guarantee” on the SooTasty Websites.Please notify SooTasty immediately at email@example.com 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. SooTasty 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.SooTasty will not deduct any administration fees from any such amount so recovered.Save as provided in this clause 8.3 SooTasty has no further or other obligation or liability in respect of its guarantee.
8.4 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: firstname.lastname@example.org
8.5 It is important that if, as a Guest, you are not satisfied with a Hosted Event you notify SooTasty before midnight on the day following the date on which the relevant Hosted Event was scheduled to take place.Once SooTasty has released funds to the Host, it is unable to offer Guests any remedy.
8.6 Following receipt of a refund request SooTasty 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 SooTasty is not entitled to recover) is refunded to the Guest.If, however, SooTasty believes that the complaint is without merit, of limited merit or that SooTasty is not able to assess the merit of the complaint, then SooTasty 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, SooTasty 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 SooTasty Fees shall be paid to SooTasty) 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).SooTasty 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 SooTasty (even if the decision appears perverse to you).
8.7 SooTasty 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 SooTasty 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.
8.8 SooTasty 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.
8.9By accepting these T&Cs you agree that if SooTasty has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
8.10SooTasty has not responsibility or liability in respect of any failing by a payment processor or authorised agent.
9 Exclusions and limitations to SooTasty’s responsibility and liability
9.1 You agree by issuing or accepting a SooTasty Invitation you do not create any relationship with SooTasty save as expressly provided in these T&Cs.SooTasty does not control, and has no right to control, your SooTasty Invitation, your offline activities associated with your SooTasty Invitation, or any other matters related to any SooTasty Invitation that you publish.
9.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the SooTasty Websites and not, when using the SooTasty Websites or SooTasty Services, to make any factually incorrect, fraudulent or misleading statements or representations.By accepting these T&Cs you agree that SooTasty, its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the SooTasty Websites, SooTasty Services and other services provided by the payment providers and other partners.SooTasty does not, however, undertake any obligation to you to undertake any such checks and you agree that SooTasty does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the SooTasty Websites or SooTasty Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by SooTasty you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
9.3 To the extent permitted by law, SooTasty excludes all conditions, warranties, representations or other terms which may apply to the SooTasty Websites and SooTasty Services or any content on them, whether express or implied. SooTasty will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 Use of, or inability to use, any of the SooTasty Websites or SooTasty Services; or
9.3.2 Use of or reliance on any content displayed on any of the SooTasty Websites or SooTasty Services.
9.4 Subject as provided in clause 8.3, SooTasty will not be liable for:
9.4.1 Loss of profits, sales, business, or revenue;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of business opportunity, goodwill or reputation; or
9.4.5 Any indirect or consequential loss or damage.
9.5 SooTasty will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
9.6 By using the SooTasty Websites and SooTasty Services, you agree that (subject as provided in clause 8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the SooTasty Websites and SooTasty Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from SooTasty with respect to such actions or omissions.
9.7 You agree that to the maximum extent permitted by law SooTasty has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the SooTasty Websites or error or omission in information or processing provided on or by the SooTasty Websites or loss of information provided to the SooTasty Websites.
9.9 Save to the extent that liability may not be excluded by law:
9.9.1 SooTasty has no liability save to the extent admitted by clauses 9.8, 9.9.2 and 9.9.3;
9.9.2 SooTasty’s liability to the Host is limited to the amount collected by SooTasty as agent of the Host in respect of the Hosted Event to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause 8.3; and
9.9.3 SooTasty’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Hosted Event to which the relevant claim relates and any amount recovered under the insurance policy referred to in clause 8.3.
9.10 You agree and confirm that if you choose to use any of the SooTasty Websites or the SooTasty Services to enter any arrangement with another person (whether in your capacity as a Guest or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the SooTasty Invitation is offered and accepted).You agree to adhere to the terms of any such agreement.You acknowledge and agree that you, and not SooTasty, are responsible for ensuring that each counter-party to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you.By agreeing to these T&Cs you also agree that SooTasty is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that SooTasty or any of its agents agrees on and subject to the terms of clause 7 and the other provisions of these T&Cs and as part of the SooTasty Services to arrange the collection, holding and payment of Transaction Fees as part of the SooTasty Services) SooTasty has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.
9.11Subject to the provisions of clause 9, you agree that none of SooTasty, its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the SooTasty Websites or the SooTasty Services even if SooTasty has knowledge or has been informed of the likelihood of the occurrence of such damage.
10 Cancellation and suspension
10.1 You may terminate your registration at any time by sending us an email from your registered email to email@example.com
10.2 SooTasty may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.
10.3 If your SooTasty registration is cancelled all Hosted Events in respect of which you had issued SooTasty Invitation will be automatically cancelled and all Hosted Events in respect of which you had accepted a SooTasty Invitation will also be automatically cancelled.Depending on the applicable cancelation policy, an appropriate refund may be issued.
11.1 You declare and guarantee to SooTasty that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
11.3 If you become aware of any content on any of the SooTasty Websites that you suspect has been posted in breach of these T&Cs please notify us by email at firstname.lastname@example.org will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the SooTasty 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 the owner.
11.4 You acknowledge and agree that SooTasty may store personal and other information about you on your electronic devices in the form of “cookies” and other programs and devices. The use of these solely concerns the functioning of the SooTasty Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the SooTasty Websites.You acknowledge and agree that SooTasty may also store your personal information on computers and servers in Europe and beyond its borders. By using the SooTasty Website, you acknowledge and agree that SooTasty may, 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.
11.6 For any question relating to the SooTasty Websites or SooTasty Services you can contact us by the following means:
- By post: SooTasty, 22 rue Guillaumont 06600 Antibes
- By email: email@example.com
11.7 Reference to in these T&Cs to:
11.7.1 A “person” or “corporation” includes a reference to all legal or natural persons, partnerships, trusts, companies, governments or local authority departments and other bodies and associations (whether corporate or unincorporated);
11.7.2 An individual includes where appropriate his personal representatives;
11.7.3 The singular includes a reference to the plural and vice versa; and
11.7.4 One gender includes each gender (feminine, masculine and neuter).
11.8 References to SooTasty in the context of obligations or liabilities owed to SooTasty or other benefits or assurances given to SooTasty shall be deemed to include reference also to any company which is a subsidiary undertaking of SooTasty (“subsidiary undertaking” having the meaning given to it in section 1162 of the Companies Act 2006).
11.9 No failure or delay by SooTasty to exercise any right or remedy under these T&Cs shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.No waiver by SooTasty of any breach of these T&Cs shall be considered as a waiver of a preceding or subsequent breach.The rights and remedies provided in these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
11.10 These T&Cs and the documents referred to in these T&Cs (as in each case updated from time to time) constitute the whole agreement between you and SooTasty governing our relations and supersede all other agreements between you and SooTasty prior to the date of these T&Cs, which shall cease to have any further effect.
11.11 If a provision of these T&Cs is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of these T&Cs and the enforceability of the remainder of these T&Cs shall not be affected.
11.12 SooTasty may communicate with you by sending an email to your registered email address. It need only adduce proof that the email was sent, and is not responsible for ensuring that you receive it.
11.13 It is not intended that a third party should have any right to enforce these T&Cs pursuant to the Contracts (Rights of Third Parties) Act 1999 other than that SooTasty (being the wider group definition in accordance with clause 11.7) may rely on and enforce these T&Cs as if (in each case) named in these T&Cs in place of SooTasty.
11.14 These T&Cs shall be governed by and construed in accordance with French law and SooTasty and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the English courts.
Last update 24 September 2018