LEGAL NOTICES AND GENERAL CONDITIONS FOR USE OF THE SERVICES OFFERED BY THE PINATABLE
Pinatable applications is published by:
a private limited liability company from Serbia, Belgrade, no 97 Ozrenska street
The website at http://www.pinatable.com
The aim of these legal notices and general conditions is to set out the conditions and procedures applicable to the free on-line restaurant, club, bar and (hereinafter: the Host) able search and booking service (hereinafter: Application). These general conditions may be added to or amended from time to time by specific conditions and usage procedures particular to certain features. All amendments and additions are applicable as of the day of their publish on out official website.
The service is only for individuals able to enter into contracts pursuant to local law of the relevant Host. Users of Application is considered to be anyone who uses our mobile application, visits the website or its application and/or associated services.
ACCEPTANCE OF THE GENERAL CONDITIONS
Application provides a free on-line Host table search and booking service to users in exchange for unconditional acceptance of these general conditions.
“Application Arts” declare and acknowledge that they have read all the terms of these general conditions. Furthermore, by using Application or any of the services offered on the website, users unconditionally accept these general conditions.
“Application Arts” reserves the right to change these general conditions at any time, in whole or in part. As such, it is the user’s responsibility to regularly view the latest version of the general conditions shown at the website or on mobile applications. Users are considered as having accepted this latest version every time they log on to website or use mobile application.
If users do not adhere to these general conditions, “Application Arts” reserves the right to suspend the services and/or refuse access to a service without warning.
DESCRIPTION OF THE SERVICE
Search for and book a table online in real time
The Application Arts allows users to search for and book a table online in real time.
Benefit from promotions and special offers from the restaurants listed on Application
The Application allows users to benefit from promotions or special offers from the Host listed on the website, provided that the reservations are made using the dedicated reservation procedure in the Application reservation module. Not all Hosts have promotions or special offers. The conditions of validity for these promotions are explained on Application.
Users are responsible for making any checks that may seem necessary or prudent before making a reservation at one of the Hosts listed on Application. “Application Arts” does not guarantee in any way the products, services and/or business practices of third parties listed on its Application. Therefore, “Application Arts” cannot guarantee that users will be satisfied with the products, services and/or business practices to which they are exposed as a result of making a reservation on the Application.
FREE NATURE OF THE SERVICE
The services offered and described in these general conditions are free of charge.
Prices of Application services may be charged if the services offered change, or as a result of network changes, changes in technology and/or legal constraints. Users will be duly notified of this by a modification to these general conditions or by “Application Arts” adding special conditions about these paid-for services to its Application.
Users who make use of Application in line with these general conditions can do so free of charge.
However, users acknowledge that “Application Arts” also may provide paid-for services. For example, following a reservation made via Application, users acknowledge and accept that the service provided to the Host listed on Application is a paid-for service.
If “Application Arts” supplies on its Application or website details on prices or a range of prices of a third party provider listed on its site, this information is supplied for information purposes and convenience only. “Application Arts” does not guarantee the accuracy of this information.
Also, Application or website may contain links to third party websites, which are owned and operated by retailers or service providers working independently. These third parties may require users to pay a fee for using certain content or services supplied on the third party website. Therefore, users are responsible for making any necessary and prudent checks as to whether payment will be required and the nature of the payment procedures before entering into a transaction with third parties. “Application Arts” cannot under any circumstances be connected with the services provided by third parties and/or the third party websites in question.
OPENING AN ACCOUNT – IDENTIFICATION – PROOF
EXCHANGE OF INFORMATION
From the time the account is set up, users are allocated a username and password (hereafter “Identifying Information”) so that they can access their private account.
Confidentiality of Identifying Information
When logging in or signing in or booking or ordering on Application or site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help user with his/her experience and to better connect him/her with the Host. In case of logging in or signing in over social media network, personal data published on the network profile may be used for the same purposes.
Information may also collected when user, book a table at the Host, rate a Host, make a comment or review, post a photos, or contact “Application Arts” or Host over the Application.
During the usage of Application user’s location may be used by Application to help user navigation in finding nearest or wanted Host.
Identifying Information is personal and confidential. It can only be changed if the user requests it to be changed, or on the initiative of “Application Arts”.
Users alone are fully responsible for using their Identifying Information and agree to make all efforts to keep their Identifying Information confidential and not to reveal it to any person or in any form.
If their Identifying Information is lost or stolen, users are responsible for any harmful consequences of this loss or theft.
Agreement on proof
The parties explicitly agree that:
- the presence of an ID code validly identifies the author of a document or message and proves the authenticity of a document or message,
- an electronic document containing an ID code has the same validity as a document signed by the issuing person,
Exchange of information
Users agree to the use of electronic messaging to send the information they request regarding the completion or performance of the contract.
PERSONAL DATA PROTECTION
“Application Arts”, in strict compliance with current law and regulations, wishes to collect certain information. This information is collected in accordance with provisions of data protection law to give users an optimum experience of Application.
The collection of personal data does not make visible, directly or indirectly, the ethnic origins, political, philosophical or religious opinions or trade union affiliation, or data regarding the health or sex orientation of the people concerned.
User data are collected and processed fairly and legally for specific, clear and legitimate purposes, and are not subsequently processed in a way incompatible with these purposes. It is collected and processed in a way that identifies the persons.
Personal data collected from user when register, make booking, respond to a survey or marketing communication, surf the website, or use certain other site features may be used in the following ways:
- To personalize user’s experience and to allow “Application Arts”, to deliver the type of content and product offerings in which users are most interested.
- To improve our Application or website in order to better serve users.
- To allow “Application Arts” to better responding to customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To send periodic emails regarding user order or other products and services.
- To check the authenticity of the users making sure they are not using fake profiles, names etc. in order to abuse the Application or its users in way.
- To connect the users with the relevant Host he/she booked in case their communication appear as necessary for any notifications regarding the changes of bookings, services, etc.
The Application and/or its partner websites may store information on the user’s computer or device. This information will take the form of a “Cookie” or similar file. “Cookies” are data which contain no personal information and are sent via the server on users’ hard drives or devices. The main role of cookies is to identify users more quickly when they log on and make it easier for them to participate in certain events, promotions, activities etc. on Application.
Users acknowledge and accept that “Application Arts” reserves the right to install a “Cookie” on their computer or device to save information about the use of Application.
Users are hereby notified that the personal data marked as obligatory on the forms, which is gathered to provide the service described in these general conditions, must be provided in order to use this service; it will only be used to provide this service and is intended only for “Application Arts” and its Host, who shall take all necessary precautions to maintain, as far as possible, the security of the data. However, “Application Arts” shall not be liable in case of abuse of the personal data by any third party (including but not limited to Host owner).
Users authorize “Application Arts” to supply certain information to its technical suppliers so that users can benefit from certain functions of Application or website (forum, opinions, comments, etc.).
Users authorize “Application Arts” to pass on all their information to Host when supplying the services offered by Application.
“Application Arts’” customers, when use any type option to invite his/her friends are likely to disclose friends (contact information, profile on available networks or other available information) to “Application Arts’”.
When disclosing these information, “Application Arts’” customers declare that they have obtained the explicit and informed permission of the owners of these information. Therefore, the client shall not hold “Application Arts” liable for the use of these information in the following ways:
- Sending any kind invitation on behalf of the “Application Arts” or a customer;
- Sending a request to leave an opinion after a reservation;
Users acknowledge that, generally and given the current state of technological progress, every time they publish information online, this information can be collected and used by third parties. Therefore, users shall not hold “Application Arts” responsible for any liability or harmful consequence of the use by third parties of this information exchanged using communication tools (chat, forum, opinions) offered on Application website.
Users must follow the rules below to publish a rate and/or opinion on the Application about a Host they have reserved on Application.
Conditions for posting rate
- To post a grarate, users must be of full legal age, have an account on Application which identifies them, have reserved a Host via Application and have honored their reservation.
- To avoid any conflict of interest and for obvious reasons of objectivity, users working in or owning the restaurant, club, bar, pub sector may not grade on Application website.
Users may live their posts or comments about Hosts to the “Application Arts”. “Application Arts” shall decide whether to publish posts and comments or to send them to Host they refer to.
Right of reply
Each Host has a right of reply user in order to:
- Give their version of events;
- Thank the user for their contribution;
- Outline any changes that have been made since the post was made.
Every user who has made a booking using Application and his/her reservation is honored is invited to rate their experience.
Users are informed that the rating on Application next to each restaurant is an equally-weighted average of the ratings.
Use of user content
We may use user content and user opinions and comments in different ways, including to publish it on Application, change its format, include it in advertising or other documents, create works derived from it, enhance it, distribute it and also allow others to use it on their websites and social media platforms. Therefore, users hereby give “Application Arts” irrevocable permission to use this content for any purpose, and irrevocably waive any claims to or assertion of moral or patrimonial rights regarding this content.
LIMITATIONS OF LIABILITY
Given the specific nature of the Internet, “Application Arts” offers no guarantee of the continuity of the service, and can only be bound by an obligation of means in this regard.
“Application Arts” cannot be held liable in the event of damage linked to temporary unavailability of one of its services on Application or website.
Information on Application or website may be changed at any time, given the interactive nature of the Application or the website, for which “Application Arts” is not liable.
“Application Arts” declines any liability for any damage or loss linked to the use or inability to use Application or website or its content, except in the event of statutory exceptions.
“Application Arts” does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content on Application or website is provided “as is”, with no explicit or tacit guarantee of any kind.
Users expressly acknowledge that the photos on Application or website are not contractually binding.
Generally, users accept and acknowledge that the reservation is not guaranteed. As such, “Application Arts” does not guarantee the effectiveness of the booking service. Availability is checked digitally and in real time and a table is actually booked via the computer or other device. However, as “Application Arts” is not able to physically check the accuracy of the information collected and/or given by the service providers, users accept that “Application Arts” cannot be held liable if the user is unable to benefit from the services. The configurations of the real time reservation software partially depend on the information supplied and/or saved by the Host owner and may not reflect reality. So, for example, users acknowledge and accept that “Application Arts” shall not under any circumstances be held liable if the booking is cancelled if the Host is closed for any reason, or if the service is refused for any reason.
Likewise, and for the same reasons, users accept that “Application Arts” cannot be held liable if the user is not able to benefit from the Host’s promotions or special offers. Users acknowledge and accept that “Application Arts” shall not be held liable if the Host fails to honor a promotion or special offer for any reason.
Users state that they are fully familiar with the features and limitations of the Internet. They acknowledge that it is impossible to guarantee that the data sent by the user over the Internet will be fully secure. “Application Arts” cannot be held responsible for any incidents which could arise from this data transfer.
Users therefore disclose the data at their own risk. “Application Arts” can only give assurances that it will use all the means available to it to ensure maximum security.
Users agree to compensate “Application Arts” for any costs that “Application Arts” has to bear as a result of any claim or dispute, in our out of court, linked to the use of the services set out herein by the user. The user agrees to hold “Application Arts” harmless against any pronouncement in this regard in the event of legal proceedings.
In any case, users explicitly acknowledge and agree to use Application or website at their own risk and under their sole responsibility.
Application or website contains links to third party websites. Linked sites are not under the control of “Application Arts”, and “Application Arts” is not responsible for the content of these related sites. “Application Arts” supplies these links for convenience only, and a link does not mean that “Application Arts” sponsors or recommends the linked site in question or that “Application Arts” is affiliated to it. Linked sites are owned and operated by independent retailers or service providers, and as such “Application Arts” cannot guarantee that you will be satisfied with their products, services or business practices. It is user’s responsibility to make any checks they think are necessary or appropriate before entering into any transactions with one of these third parties.
Unrestricted acceptance of these general conditions
By setting up an account, users accept, explicitly and without reserve, the terms of these general conditions and any special conditions on Application or website.
Provision of accurate, honest and true information
When setting up an account, users must send accurate and true information regarding their title, family name, first name(s), email address and telephone number, so that they can be properly identified. If they log in with their Facebook, Instagram, Google or other account the profiles will be real and authentic. Any request for booking or reservation shall be automatically deemed ass Facebook friend request, Instagram acceptance to fallow, or other type of connection request depending on the social network.
Adherence to national and international intellectual property law
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any information or data received from “Application Arts” or available on Application or website, to another individual or legal entity from any country. In general, users agree to adhere to the intellectual property provisions below.
Ownership of rights
All intellectual property moral and patrimonial rights relating to the content and information on Application or website belong to “Application Arts”, with the exception of third party patrimonial rights, for which “Application Arts” has obtained the necessary rights transfers or authorizations.
The rights conferred on users by using Application or website and the services supplied by “Application Arts” do not entail any transfer or permission to operate or use any part of Application website.
Protection of all items: trademarks, designs, logos, hyperlinks, information, etc.
All items (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, formatting, databases, codes etc.) on Application or website and on associated sites are protected by national and international law and intellectual property law. These items remain the sole property of “Application Arts” and/or its partners.
Prohibition on unauthorized use
Therefore, without prior written permission from “Application Arts” and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or transform partially or in full, or transfer to another media, any information from Application or website.
Users acknowledge and are aware that failure to obey this prohibition constitutes an infringement punishable by civil and criminal law.
PENALTY FOR CONTRACTUAL FAILURES
Suspension or permanent stoppage of the service(s)
In the event of failure by users to meet or comply with one of their obligations or stipulations in these general conditions, “Application Arts” may modify, suspend, limit or withdraw access to the service, without users being entitled to any compensation of any kind.
“Application Arts” may deny, suspend or terminate account, of any user who uses violence, unappropriated photos, comments or behavior, who are underaged for clubs or in any way insult the Host, other users or gests or “Application Arts”. Any unappropriated photos or comments may be deleted. Furthermore, “Application Arts” may deny, suspend or terminate account, of any user who does not honor his reservations 3 or more times.
“Application Arts” shall also be entitled to claim compensation for the losses sustained.
The relations that bind “Application Arts” and the user, which are mainly governed by these general conditions, are subject to local law. If these general conditions are drawn up in several languages or translated, only the English version shall have legal force.
Any dispute and/or difficulty in the construction or performance of these general conditions shall be brought before the relevant courts of the city of Belgrade (Serbia).
Partial nullity – Dissociation – Titles
If a provision of these general conditions is null and void, illegal, non-invocable or inapplicable in any way, the validity, legality or application of the other provisions of these general conditions shall not be affected or altered in any way; the other stipulations of the general conditions shall remain in force and retain their full effect.
“Application Arts” may draw up a new clause to re-establish the joint will of the Parties as expressed in the initial clause, in line with current law applicable to these general conditions.
The titles of the articles herein are for information purposes only and must not be considered as forming an integral part of the general conditions.
Absence of renunciation
Unless stipulated otherwise in these general conditions, no tolerance, failure to act, abstention or omission, and no delay by “Application Arts” in asserting any of its rights under this agreement, can jeopardise said right, and cannot be understood as a renunciation to assert said right in the future. On the contrary, said right shall remain in full force.
Notification and removal of illegal content
“Application Arts” notifies all users of Application website that it may give notice of a claim or objection relating to illicit items or content posted on Application or website.
If users believe items or content posted on Application or website to be illegal and/or in breach of their copyright, they may immediately send a notification to “Application Arts” by registered post with proof of receipt containing all supporting documentation to prove the ownership of the rights if applicable. Once this procedure has been followed, and after the accuracy of the notification has been checked, “Application Arts” shall make all reasonable efforts to remove the illicit content as soon as possible. “Application Arts” cannot be held liable for content presented on Application website which can be modified by third parties (for example, restaurant sheets, forums, opinions, etc.).