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Allgemeine Geschäftsbedingungen FoodtruckBooking.com

Terms and conditions FoodtruckBooking.com

Version 23 March 2016
Welcome to Foodtruckbooking.com (the "Website")!

GLOSSARY
The following definitions shall apply to these terms and conditions:

Foodtruckbooking.com, with registered offices in Eindhoven, Netherlands and Chamber of Commerce registration number: 65541456
Through its "Website", Foodtruckbooking.com operates an online platform offering Food trucks. Foodtruckbooking's aim is to make the food truck market more transparent through its services and to connect food truck providers directly with people looking for a food truck and vice versa;

Website:
Foodtruckbooking's website is available through its domain name www.foodtruckbooking.com. The Website offers information about food trucks as well as general information about food truck events and the like;

User:
Natural person or legal entity using the Website and/or one of the services Foodtruckbooking.com offers through this Website;

Food truck:
Restaurant or caterer, on wheels or other;

Advertisement:
The announcement of the following on or through Foodtruckbooking's website:
a. the availability or current location of a food truck;
b. an offered product or service;
c. brand, product or company name;

Provider:
Food truck operator and/or person/entity empowered by said food truck operator.

Candidate:
User who is or wishes to be connected with a Provider through the Website.

Food truck supply:
The systematically searchable file of available food trucks on the Website.

  • Article 1. Applicability

    1.1These terms and conditions of use (the "Conditions of Use") apply to any use of the Website (from a personal computer, mobile device or any other software application like the Foodtruckbooking.com app(s)), to all services offered by Foodtruckbooking.com and to all agreements that Foodtruckbooking.com makes through the use of the Website and/or provision of services by Foodtruckbooking.com.
    1.2By visiting, consulting and using our Website, you agree to these Conditions of Use. Foodtruckbooking.com recommends reading these Conditions of Use before using the Website.
    1.3Foodtruckbooking.com may modify these Conditions of Use from time to time. The most recent version of these Conditions of Use is available on the Website.
    1.4If you do not agree with one or more of these Conditions of Use, you should not use the Website.

  • Article 2. Making agreements

    Foodtruckbooking.com is a platform for providers to place Advertisements and for Candidates to view these Advertisements

    Foodtruckbooking.com is no party to the agreement made between a Provider and a Candidate. Foodtruckbooking.com only offers Providers and Candidates the opportunity to get in touch with each other. Providers and Candidates should settle any disputes themselves.
    Foodtruckbooking.com shall not be liable for the accuracy of an Advertisement or the fulfilment of commitments when a Provider and a Candidate make an agreement. Foodtruckbooking.com does not guarantee, in any way, the quality of the services offered by the Provider. Foodtruckbooking.com shall therefore not be liable for a Provider's failure to carry out a booking or a Candidate's failure to pay.

    Orders are not binding

    2.1Unless otherwise determined in these Conditions of Use, a food truck order is not binding. A Provider is under no obligation to accept such an order.
    2.2Provider has the right to decline orders or assignments without giving any reason.

  • Article 3. Protection of your privacy

    3.1Our Privacy Policy www.Foodtruckbooking.com. explains how we treat your personal data and how we protect your privacy when you use our Website.

  • Article 4. Intellectual property rights

    4.1All intellectual property rights in relation to the Website and its content, belong exclusively to Foodtruckbooking.com and/or its suppliers. 4.2Intellectual property rights are understood to include copyrights, patents, brands, trademarks, data bases, (unregistered community) designs, domain names and other titles in the Netherlands or elsewhere, in connection with the Website and Foodtruckbooking.com in general, also including know-how and trade secrets.

  • Article 5. Permitted use of the website

    5.1Users of the Website should act and behave as may be expected from responsible and careful internet users, in every respect. 5.2Users are permitted to download only one copy of the material made available on the Website and only for private, non-commercial use. 5.3Users are only permitted to create a hyperlink to the Website (a technical command referring to Foodtruckbooking.com's website), if Foodtruckbooking.com has given its prior written consent. Please send your requests for creating a hyperlink to info@Foodtruckbooking.com. If a hyperlink is published without the aforementioned consent, Foodtruckbooking.com reserves the right to make a claim against the User in question for all damages resulting from this unauthorized use.

  • Article 6. Abuse of the website

    6.1Abuse of the website includes but is not limited to:
    - Use of the Website for acts and/or behaviour contrary to the law, the public order or good manners, such as (a) violation of intellectual property rights; (b) making misleading or otherwise unlawful announcements; (c) distributing legally prohibited material; (d) avoid or disable the security of (parts of) the Website;
    - The use of software or means, in any form, to extract information from the Website for commercial purposes ("screen scraping");
    - The use of software or means, in any form, that could hinder, interfere with or damage the Website and/or its content;
    - Otherwise copying, modifying, distributing, divulging or otherwise exploiting (information available through) the Website without the prior written consent of Foodtruckbooking.com.
    6.2The User is not permitted to modify the Website's content in any way other than described in these Conditions of Use. 6.3Foodtruckbooking.com has a database right to the data available through the Website and, in particular, to the supply of food trucks. This means, among other thing, that Users are not permitted to request and reuse a substantial part of the Food truck supply and/or to repeatedly and systematically request and reuse non-substantial parts of the content of the Advertisement database in the sense of the Database Act, with the aforementioned exception of private use.

  • Article 7. Consequences of detected abuse of the Website

    7.1If Foodtruckbooking.com receives signs and/or complaints from Users or suspects for other reasons that a certain User is acting contrary to the law, these Conditions of Use or the additional terms and conditions for Providers or is using the Website unreasonably, Foodtruckbooking.com may take the following and other measures:

    a. Foodtruckbooking.com may exclude the User in question from the services of Foodtruckbooking.com, block access to the Website or limit certain functions for this User. Foodtruckbooking.com is not liable for any damage that Users may suffer, directly or indirectly, due to such acts.
    b. Foodtruckbooking.com may modify and/or remove one or more of User's Advertisements, without refunding any amount the User paid.
    d. Foodtruckbooking.com may report detected facts to the authorities;
    e. Foodtruckbooking.com may make a claim against the User in question for any damages resulting from unreasonable use.

  • Article 8. Limitation of liability foodtruckbooking.com

    8.1Foodtruckbooking.com disclaims any liability for damages that User may suffer due to:
    (i) the use of the services of Foodtruckbooking.com;
    (ii) incorrect information on the Website. All information on the Website is published under reservation of spelling or typing errors. Users are responsible for the information they publish through the Website; Foodtruckbooking.com does not verify this information. In case of doubt about the correctness of the information or of detection of inaccuracies, we recommend to contact the one who offers this information, and to report this to foodtruckbooking.com by sending an email to info@foodtruckbooking.com;
    (iii) a technical malfunction or other circumstance causing the Website to be (temporarily) down and/or unavailable;
    (iv) modifications to the services of Foodtruckbooking.com and/or modifications of the Website.
    The aforementioned exclusion of liability does not apply in case of malicious intent or conscious recklessness by Foodtruckbooking.com.
    8.2Foodtruckbooking.com is not involved in any actual contracts between Candidates and Providers or any agreements made by these parties. Foodtruckbooking.com therefore has no control whatsoever over the quality, security or legal nature, the correctness of the Advertisement or the food truck provider's legal capacity or power of disposal. Foodtruckbooking.com cannot guarantee that the Candidate or Provider will in fact make the transaction. Foodtruckbooking.com is not liable in any way for making or not making any agreement and for the execution thereof. Users indemnify Foodtruckbooking.com in case of any disputes with other Users in this respect.
    8.3The Website contains references to third party websites (e.g. by means of a hyperlink or banner). Foodtruckbooking.com has no authority or influence on the content of these websites and can therefore not be held liable for it in any way. Foodtruckbooking.com is not liable for (the content of) third party services and/or information offered in any way through Foodtruckbooking.com's website.
    8.4In case Foodtruckbooking.com is liable, for any reason, our liability is limited to a maximum of (a) the total amount that the Provider paid to Foodtruckbooking.com during the 3 months prior to the act that caused the liability, or (b) € 25, whatever amount is largest.
    8.5As soon as Users publish any content on the Website, including but not limited to text, video, audio, software or other information, Foodtruckbooking.com shall have the right to use, copy and/or commercially exploit, in the broadest sense, these Materials, by means of technical links with third party websites or otherwise, without the obligation to pay any compensation. Foodtruckbooking.com shall be under no obligation to keep these Materials secret. Users indemnify Foodtruckbooking.com in this respect against any and all damages and costs that Foodtruckbooking.com suffers or incurs as a result of third party claims that the use and/or exploitation of the Materials violates third party intellectual property or other rights or is in any other way wrongful towards a third party.

  • Article 9. Advertisements

    9.1Advertisements may only by published as prescribed on the Website. Except with prior written consent from Foodtruckbooking.com, it is not permitted to publish Advertisements on the Website through an automated system.
    9.2In case a User publishes an Advertisement for a Food truck, service or product or for a brand, product or company name on the Website, the User implicitly declares to be legally authorized to do this. When publishing Advertisements, Users also guarantee that they are authorized to publish all video content belonging to the Advertisement, such as photographs, graphic designs and the like, indemnifying Foodtruckbooking.com against any and all possible third party claims, including in any case claims based on intellectual property rights.
    9.3When a Candidate responds to a Provider's Advertisement, he explicitly declares to be legally authorized to do this.
    9.4Providers who publish Advertisements on the Website enter into an agreement with Foodtruckbooking.com at the moment the Advertisement is published, and are as from that moment committed to pay foodtruckbooking.com.

  • Article 10. Prices, terms of payment and exceeding this term

    10.1All prices communicated by Foodtruckbooking.com as compensation for services to Users do not include VAT, unless explicitly indicated otherwise. All amounts are in euros, unless explicitly described otherwise.
    10.2The term of payment for all amounts invoiced by Foodtruckbooking.com to Providers is 7 days after the date of invoice. Except for the first payment, all other amounts due under a subscription shall be paid by direct debit.
    10.3If Providers fail to satisfy the amount due within the term of payment, Foodtruckbooking.com reserves the right, without the need of notification or proof of default, to
    a) increase the amount due by an interest for late payment, equal to the statutory commercial interest applicable at that moment, from the moment the term of payment expires; and/or
    b) charge extrajudicial expenses for collection, amounting to 15% of the sum total, from the moment the term of payment expires; and/or
    c) deny Providers access to the Website (partially or otherwise) and to suspend all other services until the moment of payment, to remove all information offered or published by the User through the Website, in which case the User in question shall be liable for all corresponding costs incurred by Foodtruckbooking.com, as well as for any not yet invoiced compensation for the remaining part of the agreed contract period.
    10.4All subscriptions with Providers are agreed for the duration of 12 (twelve) months. Unless the subscription is cancelled giving one month's notice in writing, the subscription is renewed automatically and tacitly for another 12 (twelve-) month period. Subscriptions cannot be cancelled prematurely.
    10.5Foodtruckbooking.com annually applies an inflation correction to the subscription rates that Foodtruckbooking.com offers Providers. A possible increase of the subscription rates due to the inflation correction is no valid reason for Providers to cancel a subscription prematurely.

  • Article 11. Additional conditions of use/code of behaviour for offering

    11.1Additional conditions of use, containing a code of behaviour, apply to the services that Foodtruckbooking.com offers to Providers. These "Additional Conditions" are part of these Conditions of Use. In case of conflict between the Additional Conditions and these Conditions of Use, the Additional Conditions shall prevail.

  • Article 12. Other

    12.1Foodtruckbooking.com may (partially) modify these Conditions of Use at all times. Any modifications shall take effect when the User uses the Website and/or the (online) services of Foodtruckbooking.com again after the modification, whatever comes first.
    12.2If Foodtruckbooking.com does not enforce one of the provisions laid down in these Conditions of Use, this does not mean that Foodtruckbooking.com waives the right to enforce the provision in question at a later time and/or towards another User.
    12.3Agreements that deviate from these Conditions of Use shall only be valid if agreed with Foodtruckbooking.com in writing.
    12.4In case one or more provisions of these Conditions of Use are declared invalid by a competent judge, this shall not affect the validity of the other provisions of these Conditions of Use.
    12.5These Conditions of Use, any Additional Conditions and all agreements resulting from these are governed exclusively by Dutch Law. The district court of Oost-Brabant in the Netherlands has exclusive jurisdiction, unless another judge is competent pursuant to compulsory law.

  • Article 13. Questions, remarks or complaints

    13.1If you have any questions, remarks or complaints regarding the Website or other services of Foodtruckbooking.com, please send them to us using the contact information below, preferably by email info@Foodtruckbooking.com. Questions, remarks or complaints should be described comprehensively and clearly. We will endeavour to respond to your question, remark or complaint within 14 days.

    Foodtruckbooking.com

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