Web applications for restaurants
General Terms and Conditions of Use
1. Definition and application
The http://www.dinnertogether.io website is owned and managed by Lavigna SRL, located at 261, avenue de Broqueville, 1200 Brussels, which can be contacted by email: christophe@dinnertogether.io, registered with the ECB under number 0799.364.924, hereinafter referred to as the “service provider“.
The term “user” refers to any natural or legal person, registered or not on the website, who consults the website or its content, downloads files, uses them, registers them via any form available on the website, becomes a member, subscribes or enters into a contract with the provider.
The provider and the user are hereinafter referred to as “the parties”.
The website presents the activities of the service provider and its partners as well as their developments. The website also enables users to contact the Provider.
2. Subject
The parties must comply with these General Terms and Conditions of Use (“GTCU”) for any consultation of information or use of the site.
3. Access to and use of the website and its content
3.1. Access
The website is accessible free of charge on any computer device on which current software is installed (browser, operating system). The service provider does not provide accounting services and may not under any circumstances be held liable if the user is unable to access and/or use all or part of the website or its content for any reason whatsoever.
The Provider reserves the right, at any time and for any reason whatsoever, to change or temporarily or permanently block all or part of access to the Website without informing Users. This is the case, for example, in the event of website maintenance or major changes to the content and/or functions offered.
Users have the right to consult the website and its content on a personal basis only. The user is granted a personal licence to use the website and its content, which is non-assignable, non-transferable and exclusively limited to personal use. The user licence may only be used for the duration of the user’s access to the website.
3.2. Lawful and unlawful use
In the context of the user’s access to the website or its content, the user expressly undertakes not to, in any manner whatsoever and irrespective of the technical means used :
Accessing the site by any means other than the interface made available by the service provider and accessing parts of the site that are not publicly available, or taking any action that could, at any time, jeopardise the proper operation of the website in any way whatsoever.
Use an (automatic) system, for example, without this list being exhaustive, robots, crawling systems, etc.
Consult, display, download, send or transmit any content that is contrary to current international laws.
Upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer, service, server, network or telecommunications equipment, without this list being exhaustive.
The user undertakes not to allow himself/herself or third parties to :
using or modifying all or part of the website or its content.
Generate a hypertext link to or from the website without the express agreement of the supplier.
License or transfer in any way whatsoever any right concerning the website and/or its content, including but not limited to any right concerning the software.
3.3 Evolution of the website
The user agrees that the options available on the website may change. Some will therefore be eliminated and others included without the user being able to assume that access to a specific functionality has been acquired.
4. Intellectual property rights
The programme, content, structure, source codes, images, photos, information and all other elements of the website are protected content that belongs exclusively to the provider, which the user accepts and acknowledges.
5. Responsabilities
5.1. Responsibility of the user
The user is at all times responsible for consulting and using the website, as well as downloading files, of whatever nature and using whatever technical means, from the website and its content.
Each user is responsible for registering and/or joining. The user remains responsible for any abuse or damage that may result. The provider cannot be held responsible for inappropriate use of the registration or affiliation, login and/or password.
The site may contain hyperlinks to other websites over which the provider has no technical or content control. The user is solely responsible for following this link. The provider does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which it refers, or the consequences that may result from consulting or using these websites. It is therefore up to the user to decide whether to visit these sites.
5.2. Responsability of the service provider
The service provider is bound by an obligation of means. Under no circumstances will the provider be held responsible for any direct or indirect damage that the user may incur when using the website, the sites linked to it and/or the content made available.
The provider makes every effort to ensure that the data and documents that form part of the website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be ruled out and the provider therefore gives no guarantee in this respect.
Similarly, the service provider is not liable for any indirect damage suffered by the user, resulting in particular from the content or use of the Website, such as loss of turnover, economic loss, damage to its image or reputation, loss or corruption of data, or damage suffered by the user as a result of the consequences, in particular moral, financial or pecuniary, of claims by third parties or a decision by a court or a supervisory authority;
The service provider makes every effort to ensure that the website remains accessible at all times for a normal number of users, but cannot be held liable for any direct or indirect damage resulting from a modification, suspension or interruption of access to the website for any reason whatsoever.
The user hereby indemnifies the service provider against any claim in any of the following cases:
Illegal or unauthorised intrusion by any third party into the Provider’s web server or website.
Introduction of a computer virus into the web server or the website.
Temporary congestion of the bandwidth.
Interruption of the Internet connection service for reasons beyond the control of the service provider.
The user aknowledges and accepts:
The restrictions and risks associated with the use of the internet or any other means by which the website is currently or will in the future be made available.
The risks of storing and transmitting information electronically or digitally.
The fact that the service provider cannot be held liable for any damage caused by the use of the website or the internet as a result of the aforementioned risks.
The fact that the electronic communications exchanged and the backups carried out by the service provider may be used as evidence.
Although the service provider makes every effort to keep the website free of bugs, viruses, Trojan horses, etc., these cannot be excluded. The service provider can in no way be held liable for any resulting damage and/or loss, particularly with regard to users’ data. Users are therefore strongly advised to install anti-virus software, etc. in order to prevent any damage to their computers and to be careful when communicating personal data.
With regard to messages from third parties, the service provider cannot in any way be held responsible for any prejudice resulting from them, nor for any errors in their content. All texts, data, photos, videos, messages or other material placed in these messages are the sole responsibility of the person who posted them.
6. Applicable law and competent courts
This agreement is subject to Belgian law. The service provider may not be held liable in the event of non-compliance with the legislation of the country of connection.
In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Boulevard Simon Bolivar, 30 (WTC III), 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement, or instruct a third party to do so.
Once the mediator has been appointed, the parties, with the help of the mediator, shall define between themselves how the mediation is to be organised and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If the mediation fails, only the courts of the Brussels district will have jurisdiction.
8. Changes
The Provider may amend these General Terms and Conditions at any time without prior notice. Any use of the website will be immediately affected by these changes.
9. Miscelleneous provisions
Force majeure
The service provider may not be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations where such non-performance is the result of a case of force majeure or fortuitous event.
The nullity of one of the clauses of the GCU does not imply the nullity of the other clauses.
.