General terms and conditionsDinnersite website (hereafter referred to as: the "Site") belongs to: dinnersite.nl BV, Paul Krugerstraat 16, 2021 XN Haarlem, The Netherlands
Application of the General Terms and Conditions of Sale ("Terms")
The present Terms constitute the business exchange basis between Dinnersite and the restaurateur who wishes to present his establishment on the Site and present special offers to users of the Site (hereafter referred to as the "Partner").
Acceptance of the Terms
By completing the on-line membership formalities, the Partner declares to have understood and accepted these Terms.
These Terms prevail the Partner's conditions of purchase unless formal and written acceptance has been made by Dinnersite. Any contrary condition opposed by the Partner will therefore be, failing express acceptance, unenforceable, at whatever time Dinnersite becomes aware of it.
The present Terms are applicable for business exchanges with all Partners, wherever the Partner is based.
Failure by Dinnersite to enforce any of these present Terms at any moment does not imply that it has renounced enforcing any of the said conditions.
Modification of the Terms?
Dinnersite reserves the right to modify its Terms at any moment.
If the Partner receives a reservation from the Site without manifesting his disagreement with the new Terms, it is assumed he has accepted the new Terms.
Partner membership and information supplied by the Partner
Registration on the trade register
At the request of Dinnersite, the Partner must provide documentary evidence of his registration on the trade register.
Membership form and terms of access
To access the services provided by Dinnersite, the Partner must complete an on-line membership form and create an account. To that purpose, the Partner must complete all obligatory fields on the membership form.
When completing membership, a user name and password of at least 6 alphanumeric characters must be chosen by the Partner which will allow him to access the Services and manage his account.
Uniqueness control is carried out by the system. For security and confidentiality reasons, only the combination of these two codes will allow access to the Partner's File.
Presentation of the Partner's establishment
The Partner must provide true, exact, up-to-date and complete information when completing the membership formalities and update this information regarding any changes relative to his establishment.
The presentation must follow the format suggested by the Site.
Special offers destined for Site users
The Partner can present special offers to internet users and promises to respect them if a reservation is made through the Site.
The choice made by the Partner amongst the special offers suggested by Dinnersite influences the display order of the Partner's establishment on the Site.
Dinnersite reserves the right to modify the content placed on line by the Partner or to ask the Partner to modify the presentation of his establishment or the services offered or to preserve the quality of the service for internet users and the general look of the Site.
The order in which the restaurants appear is automatically and unilaterally determined by Dinnersite. The classification is based on and influenced by numerous factors, including, but not limited to, membership level, premium payments , special offer(s) presented to internet users and the completeness of your profile (photo's, menu cards etc.).
Absence of responsibility
Dinnersite strives to provide a presentation service of the member establishments and continuous reservations.
However, Dinnersite cannot be held responsible if access to the Site or Partner's Files by internet users fails, or if a reservation made on the Site in not transmitted.
The Partner in particular explicitly accepts that Dinnersite will not be held responsible in the following cases:
- The Partner cannot access the Site's computer system, launch data processing, or obtain an answer to a question because of a failure to access Site servers.
- Planned service interruption for Site maintenance.
- The hypertext links on the Site can direct to other sites.
Dinnersite is not responsible for the contents or activities of these sites.
Non-responsibility for unfavourable reviews made by internet users
The Site allows internet users to place personal reviews of the establishments visited on the Site.
Although the Site reserves the right to refuse or modify clearly unjustified opinions, Dinnersite cannot be held responsible for such negative opinions, whether justified or not.
The Partner's commitments and responsibility
Responsibility for presentation of the establishment
Notwithstanding the review and inspection rights of Dinnersite stated in these Terms, the Partner is the only one responsible for the contents placed on-line.
He will therefore be responsible for all claims from disappointed users.
He also promises to reimburse Dinnersite of all the costs incurred by Dinnersite due to third party claims or legal procedures instigated by internet users, authorities or other third parties, on the basis of the contents displayed on the Site by the Partner. In case of litigation, the Partner will also advance the proceedings, justice and lawyers costs.
Other obligations of the Partner
The Partner confirms that all information on the internet user belongs to Dinnersite
The Partner authorises Dinnersite to use the name and information and/or photos of his establishment for any marketing campaign both on-line and off-line.
The Partner promises:
1. not to use the Site for illegal purposes;
2. not to plagiarise or use contents belonging to other Site Partners or third parties;
3. to inform Dinnersite of all violations he may become aware of;
4. not to illicitly access or attempt to access the contents of other restaurateurs, networks or other computer systems connected to the Site or not;
5. not to interfere in the application and use of the service by other Partners;
6. not to infect the Site with a virus or install any other harmful programmes.
7. not to give opinions on its own establishment and not to cooperate in an opinion given by any other person with a commercial or personal connection to the establishment.
8. not to write opinions on other Site Partners
9. not to use the addresses and other information obtained by the Site for marketing purposes
10. not to transfer addresses and other information obtained by the Site to third parties.
If any one of the clauses in these Terms is cancelled, in full or in part, the validity of the remaining clauses in the Terms will not be affected.
In this case, the parties, or failing this, the judge, must replace the cancelled clause with a valid clause corresponding to the nature and aim of the Terms.
These Terms replace all previous agreements or arrangements (except for any possible specific written conditions agreed upon by the parties).
Applicable law- resolving litigations
The business exchange between Dinnersite and each Partner is governed by Dutch law.
All claims must be addressed to Dinnersite management
An amicable agreement will then be sought.
All disagreements arising between a Partner and Dinnersite must be exclusively submitted to the ordinary courts in the Haarlem, The Netherlands