Versione 1.0 in vigore dal 28 febbraio 2013
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.*, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE WOULD ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
1. Binding power of this document
VizEat is a “société à responsabilité limitée unipersonnelle” under French law with a share capital of 1 000,00 euros and a registered office located at 16 Boulevard Saint Denis, 75010 Paris (France), listed under the number 802 395 483 in the Paris trade register (hereinafter referred to as “VIZEAT”, “we”, or “us”).
We have created and operate the website that is accessible at the addresses www.vizeat.com and *.vizeat.*, the purpose of which is to be a platform for the listing and exchange of information, enabling people to become acquainted over a meal.
By using the VizEat Website, you are agreeing to be bound by these terms and conditions which constitute a contract between yourself and VizEat (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 VizEat Website and you are obliged to leave it.
2. What we are offering to you via the VizEat Website
We set up the VizEat 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.
Diventa un Host tramite il sito VizEat
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 for a meal (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”.
Diventa un Host Website
If you love food and meeting new people, you can search the VizEat Website for your ideal VizEat Invitation. You will then become a “Guest” and should respect, in addition to this Master Agreement, the “Guest’s Charter”.
5. Our role on the VizEat Website
Our role is to put Hosts in contact with Guests via a listing on the VizEat Website (hereinafter referred to as the “Contact Service”).
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.
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. Access to services offered by our partner, the Leetchi Company
VizEat is a distributor for the Leetchi Corp. S.A. company, a ‘société anonyme’ under the law of Luxembourg with a share capital of 500,000 Euros, and a registered office located at 26-28, rives de Clausen, L-2165 Luxembourg, listed under the number B173459 in the Luxembourg trade register (hereinafter referred to as “Leetchi”).
Leetchi 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.
Before becoming a Host or Guest, we would encourage you to familiarize yourself with the terms and conditions for use of MANGOPAY e-money drawn up by Leetchi, and available in an Appendix (the “Terms and Conditions of MangoPay”).
If you become a Host or Guest, you agree to be bound by the Terms and Conditions of MangoPay.
The creation of a Host or Guest account includes the creation of an “Account” as defined under the Terms and Conditions of MangoPay. Acceptance of a VizEat Invitation by a guest constitutes a “Transaction” as defined under the Terms and Conditions of MangoPay.
7. Your publications on the VizEat Website
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.
By posting User Content on the VizEat Website:
– You expressly agree that it will be made public.
– You allow everyone, including persons who do not use the VizEat 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 VizEat 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 VizEat Website or in relation to the VizEat 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 VizEat 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 nor moderated by VizEat;
(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 VizEat for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably and expressly acknowledge and authorize it to do so.
(iv) The recommendation tools (the functioning of which is carried out by automatic handling of non-personal data and not by human intervention of VizEat 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.
VizEat reserves the right to market the results of this automatic data handling.
– You authorize us to use User Content without financial compensation, and particularly to exploit 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 VizEat Website.
8. Condizioni finanziarie
A payment to cover costs is requested from Guests for each VizEat Invitation in the form of a fixed amount payable before the VizEat Invitation.
Each Host agrees to use the VizEat 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 VizEat Invitation.
VizEat receives remuneration in the form of a commission in exchange for its Contact Service.
VizEat 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 15% of hospitality expenses. VizEat will keep the total amount paid by the Guest and will transfer only the hospitality expenses to the Host 24 hours after VizEat Invitation.
9. Terms and methods of payment
Payment of the amount requested by the Host and of our commission, including tax, for a VizEat Invitation should be made by the Guest before the date set for the VizEat Invitation concerned, as soon as the invitation is accepted by the Guest, in e-money via the collaborative payment module the “Leetchi Wallet” by Leetchi.
This payment constitutes a “Payment Operation” as defined in the Terms and Conditions of MangoPay.
Except in the event of a rare technical problem, the Host receives payment for the VizEat Invitation in their MangoPay Wallet, after deduction of our commission, in the twenty four (24) hours following the agreed date of the VizEat 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 VizEat Invitation to block payment by using the claim form on the page summarizing the reservation or by sending an email to [email protected]. The Guest must then supply as much information as possible to explain the problem. The payment, including our commission, will then be refunded to the Guest as soon as possible. It is the Guest’s responsibility in relation to the Host and to VizEat in the event that unjustified blocking of a payment to these latter should be carried out.
10. Contracts likely to bind you to us in the event of use of the VizEat Website
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.
11. Contracts likely to bind you to a third party in the event of use of the VizEat Website
In the event that you become a Guest and/or Host, you will be subject to the terms and conditions of our partner Leetchi, available in an appendix.
Thus, in the event of a dispute between Leetchi 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.
12. Applicable regulations
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 not to offer, give, or serve alcoholic drinks during a VizEat 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 VizEat Invitation takes place.
13. 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 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.
By continuing to use the VizEat 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 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.
15. 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.
– Indirizzo email
The creation of a User Account automatically includes the creation of an “Account” with Leetchi, as set out in the Terms and Conditions of MangoPay.
We would advise you to read this Master Agreement and the Terms and Conditions of MangoPay 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 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) your email address has been confirmed by our automatic verification process.
16. 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.
17. Exclusions and limitations to VizEat’s responsibility
17.1. Limitation to VizEat’s responsibility in relation to user content
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 French law, VizEat should not have promptly removed said user content or rendered it inaccessible.
17.2. Exclusions from VizEat’s responsibility in relation to access to the VizEat website
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.
17.3. Limitation of VizEat’s responsibility in relation to the contact service
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.
17.4. Exclusions to VizEat’s responsibility in relation to VizEat invitations themselves
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.
17.5. Exclusions to VizEat’s responsibility in relation to faults committed by users
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.
17.6. Exclusions to VizEat’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, VizEat shall under no circumstances be held responsible for the other services that it offers free of charge on the VizEat website.
17.7. Exclusions to VizEat’s responsibility in relation to third party websites
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.
17.8. Exclusions to VizEat’s responsibility in relation to regulations applicable to a VizEat 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.
VizEat shall under no circumstance be held responsible in the event of contravention by a user of any applicable regulation.
17.9. General exclusions to VizEat’s responsibility
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.
18. VizEat’s ownership of the content on the VizEat Website
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.
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 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.
19. Other obligations to which you are subject when you use the VizEat Website
You agree not to use the VizEat Website, Website Content, User Content, Contact Service or the other services offered on the VizEat Website:
– In an illegal manner or in a manner prejudicial to VizEat, to other Users, or to third parties, or under conditions likely to damage, disable, overload, or alter the VizEat Website.
– To broadcast, publish, or store illicit content on the VizEat Website (hereinafter referred to as “Illicit Content”), in particular, without this list being exhaustive, content that is racist; anti-Semitic; discriminatory; pedophilic; inciting to violence, racial or ethnic hatred; malevolent; bigoted; vulgar; obscene; fraudulent; prejudicial; illegal; injurious; defamatory; infringes privacy or rights to an image; infringes rights to intellectual property; or that is 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 VizEat Website other than VizEat 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 VizEat 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 VizEat Website or to interact with the Contact Service or the VizEat Website.
20. Inform us as soon as you see Illicit Content
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.
21. Exclusion – Withdrawal of access to the VizEat Website
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.
22. Informazioni personali e cookie
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 France and beyond its borders. By using the VizEat Website, you acknowledge and agree that VizEat 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 VizEat Invitation that may infringe the rights of a third party.
– Protect the rights, property and security of VizEat, of Users, and the public.
23. Informazioni legali
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 FIXWEB company, a “société par actions simplifiée” under the law of the France with a registered office at 38 Avenue de Wagram 75008 Paris (France), company number 788 425 072, telephone number +33 (0)1 83 64 43 35.
For any question relating to the VizEat Website or to the functioning of the Contact Service, you can contact us by the following means:
– By post:
16 boulevard Saint-Denis
– By email: [email protected]
– By telephone: +33 (0)9 84 51 97 55
25. Governing law
This master agreement, contact service, other services offered by VizEat on the VizEat website, and the use of the VizEat website are subject to French law.
26. Competent jurisdiction – clause conferring jurisdiction
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 Paris, France.
27. 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 telephone on +33 (0)9 84 51 97 55.
– By post at the following address:
16 boulevard Saint-Denis
28. Index of the definitions used in this Master Agreement
The following wording is defined in the following article:
Host’s Charter : Article 3
Guest’s Charter : Article 4
Termini e Condizioni di Stripe: Articolo 6
Website Content : Article 18
Illicit Content : Article 19
User Content : Article 7
Host : Article 3
Guest: Articolo 4
Master Agreement : Article 1
VizEat : Article 1
Leetchi : Article 6
MangoPay 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