Conditions of use
GENERAL CONDITIONS OF USE OF THE “JOIN THE TABLE” WEBSITE
1. – Definitions
“GPB”: The company Global Premium Brands, S.A.
“Join the Table”: All websites and mobiles accessible through the web page [*].
“User”: Any person 18 years of age or older, with the capacity to enter into agreements, who visits the “Join the Table” website and/or is the holder of a “Join the Table” account; in plural, “Users”.
“Conditions of Use”: These general conditions of use and any other special conditions of use.
“Restaurant Content”: Those elements of the restaurant web page provided to GPB by the restaurant or authorised by them for publication on the “Join the Table” platform, such as the prices of drinks and dishes, the average price of a meal, restaurant availability, the menu, timetable, restaurant theme and photos of the restaurant.
2. – Identification of the owner of the “Join the Table” website
GLOBAL PREMIUM BRANDS, S.A., a company duly established and existing under Spanish law, with registered office at Calle Santa Engracia, No. 4, 3º Derecha, 28010 Madrid, holder of NIF (Fiscal Identification) No. A-84615483. Registered in the Mercantile Register of Madrid, Volume 26.355, Page 164, Section 8, Sheet M-401221.
3. – Acceptance and modification of these Conditions of Use
GPB offers Users a restaurant search service to attract users and consumers interested in booking hospitality services through a direct link to various restaurants, bars and cocktail lounges (Partners), in order to promote the sale of products and services distributed by GPB through the different establishments adhered to the platform, which enables high-end hospitality companies to generate income and communicate with their customers and, in turn, offers consumers the possibility of enjoying added-value experiences in various Madrid-based establishments, in exchange for the acceptance of these Conditions of Use.
The User declares and acknowledges having read these Conditions of Use in their entirety. Likewise, by using the services offered on the “Join the Table” platform, Users accept these Conditions of Use without reservation.
GPB reserves the right to partially or totally modify these Conditions of Use at any time. Consequently, Users are responsible for periodically consulting the most recent version of the Conditions of Use that will be published on the website of the “Join the Table” platform. It will be understood that Users have accepted the most recent version each time they access the “Join the Table” platform.
By accessing or using the “Join the Table” platform in any way, Users agree to submit to these Conditions of Use.
4. – Description of the “Join the Table” platform
Use of the “Join the Table” platform is subject to certain limitations of liability on the part of GPB, which are included in Clause 9 [Limitation of liability].
4.1 Introducing the platform
“Join the Table” is a platform that enables Users to contact restaurants/cocktail bars listed in the “Joint the Table” platform, among other functions. As such, GPB acts exclusively as an intermediary in relation to the bookings and orders made by Users in said restaurants.
4.2 Special offers of the restaurants listed in the “Join the Table” platform
Users who place their orders through the restaurant’s hyperlink on the “Join the Table” platform can benefit from the special offers made available by restaurants listed on the platform. Not all restaurants include special offers.
Users undertake to check the conditions that apply to each special offer before making their booking through the hyperlink included on the “Join the Table” website, and not to demand from the restaurant, in any case, advantages regarding the special offer beyond that provided for in the applicable conditions included in the “Join the Table” platform and/or the restaurant’s own website.
One of the conditions that applies is the obligation that the User and all their companions arrive at the restaurant at the time indicated in the booking. If the User and all their companions do not show at the restaurant within 15 minutes from the time of the booking, the restaurant will have the option to not apply the special offer associated with the booking. For the purposes of clarification, this means that if the User or any of their companions are more than 15 minutes late, they will lose the automatic advantages of the special offer, and the restaurant can decide whether or not to apply the special offer to all guests or to some of them.
5. – Use of the “Join the Table” platform is free of charge
The services offered on the “Join the Table” website are free of charge for users and consumers wishing to use the portal to access the hyperlinks of different restaurants to make their bookings.
Charges could be applied, specifically depending on possible changes in the services offered, the development of the network and due to technical and/or legal requirements. Users shall be duly informed in this regard through the modification of these Conditions of Use and/or inclusion of special conditions in relation to the “Join the Table” payment services, to be sent to the registered e-mail address of each user, who will agree to receiving updates on the conditions of use of the “Join the Table” platform.
6. – Third-party sites and services
6.1 Services provided by third parties
Users declare that they are aware that the “Join the Table” website refers them to paid services.
The prices or price ranges of third-party providers that are published on the “Join the Table” platform are solely offered for information purposes and practical reasons. In no case does GBP guarantee the accuracy of such information.
6.2 Links to third-party sites
The “Join the Table” platform contains links to sites managed by third parties. These links are solely for information purposes. GPB does not control these sites and is not responsible for their content, privacy/data protection policy or other practices that may be carried out.
The publication of links to such sites does not imply approval of the elements contained in said sites nor does it represent any type of association with their publishers. Users are responsible for carrying out any checks they deem necessary or appropriate before using such links or carrying out any type of transaction with them.
7. – Access to and use of the “Join the Table” website
7.1 Conditions of suitability
Use of the “Join the Table” website is subject to the following cumulative suitability requirements: as a User, you must i) be 18 years of age or older; ii) have legal capacity to undertake legal obligations; and iii) the bookings made through the links of the Restaurants listed in the “Join the Table” platform, either as the person named on the booking or as the legal representative of another person, must be legitimate.
7.2 Access to the “Join the Table” website
GPB reserves the right to totally or partially suspend, delete or modify the “Join the Table” website or the services offered therein without prior notice. Likewise, GPB reserves the right to suspend access to the “Join the Table” website to Users for reasons of maintenance, emergency (cyber-attacks, etc.) or for any other reasonable cause at any time.
7.3 Conditions for creating an account
By creating an account, Users expressly agree to these Conditions of Use without reservation.
Users agree to provide accurate, up-to-date and truthful information, especially with regard to their form or address, full name and e-mail address, data that is necessary for their proper identification in order to create and maintain their account.
7.4 Confidentiality of account access data
During the process of creating their account, Users must select a name and password (the “Access Data”) that will grant them access to the account.
This Access Data is personal and confidential. It can only be modified at the request of the User or at the initiative of GPB.
Users have full and exclusive responsibility for the use of their account and Access Data, and undertake to do everything possible to keep their Access Data confidential and not disclose it to third parties by any means.
In the event of loss or theft of User Access Data, Users will be responsible for any damages that may arise from said loss or theft, and must modify such data as soon as possible.
7.5 Account deletion
Users can delete their account at any time. To do this, they should send their account deletion request by e-mail to: email@example.com.
GPB will strive to process account deletion requests within a reasonable time.
Users are hereby informed that, from the date of deletion of their account, they will no longer be able to benefit from the services offered by GPB
7.6 User Obligations – Prohibited actions
Users agree to use the “Join the Table” website in accordance with these Conditions of Use and applicable law. Specifically, Users undertake not to carry out the prohibited actions listed below.
− The content and data of the “Join the Table” platform (including, messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to transmit said content and information belong exclusively to GPB as the owner or licensee; Users agree not to modify, copy, distribute, transmit, publish, make available to third parties, reproduce, post, grant licences, create derivative works, transfer, sell or resell information, software, products or services that they have obtained from or through the “Join the Table” platform.
− The total or partial copying, reproduction, rebroadcast, redistribution or transmission of the content of the “Join the Table” website is strictly prohibited without the prior written authorisation of GPB. To obtain such authorisation, contact GPB at the following address: firstname.lastname@example.org
Likewise, Users undertake not to carry out any of the following actions:
− Use the “Join the Table” platform or its content for illegal, illegitimate or fraudulent purposes;
− to provide Restaurant Content that is inaccurate or illegal, and specifically, that constitutes an invasion of privacy, is abusive, indecent, threatening, incites hatred or violence, or that is protected by intellectual property rights if they are not the owners of such rights themselves or do not have the express permission of the owner;
− use, monitor, extract or copy content/data from the “Join the Table” platform or the actions of any “Join the Table” platform User through a robot, web crawler, scraper, spyware, a keyboard recorder or any other program, automatic device or manual process for personal use or for use by third parties;
− breach the restrictions regarding robot exclusion files on the “Join the Table” website or circumvent the measures intended to prevent or limit access to the “Join the Table” website;
− carry out any action that imposes or could end up imposing unjustifiable or excessive loads on the “Join the Table” infrastructure;
− frame, mirror, or integrate parts of the “Join the Table” website on another website;
− attempt to modify, translate, adapt, revise, decompile, disassemble or manipulate with reverse engineering techniques the programs used by GPB in relation to the “Join the Table” platform or services thereof.
7.7 Penalties for breach of contract
7.7.1 Suspension or cancellation of “Join the Table” services
In the event of a total or partial breach of or non-compliance with the obligations or provisions of these Conditions of Use by a User, or in the event that a User carries out any of the prohibited actions pursuant to the provisions herein, or for any other justified cause, GPB may modify, suspend, limit or cancel access of said User to all or some of the services of the “Join the Table” platform, for example, by deactivation of their account, without prior notification, without the User having the right to claim any compensation, and without prejudice to the possible compensation that GPB may claim in court.
Furthermore, GPB will not have to justify the suspension or cancellation of the user profile if applicable according to law.
Regardless of the penalties imposed by GPB under paragraph 7.7.1, GPB may also claim compensation for applicable damages according to law.
EIGHT.- Intellectual property
8.1 Compliance with national and international legislation on intellectual property
Users undertake not to send, copy, resell, republish or, in general, make available to any natural or legal person in any country, in any form, the content, data, information or elements that they have received from GPB or that are available on the “Join the Table” platform. Users undertake to comply with the provisions on intellectual property listed below.
8.2 Property rights.
All intellectual property, moral and economic rights, on the content and information available on the “Join the Table” platform are the property of GPB, except for the rights of third parties, for which GPB has the relevant rights or authorisations.
Rights granted to Users when using the “Join the Table” platform and the services provided by GPB do not include any licence or authorisation for use of any part of the “Join the Table” platform.
8.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.
All the elements (trademarks, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen settings, databases, codes, etc.) of the “Join the Table” platform are protected by national and international intellectual property laws. These elements are the exclusive property of GPB and/or its licensors.
8.4 Prohibition of unauthorised uses
Consequently, Users may not reproduce, represent, republish, redistribute, adapt, translate and/or totally or partially modify or transfer to any other media any type of information from the “Join the Table” platform without the prior written authorisation of GPB.
NINE. – Limited liability
Users are responsible for carrying out any checks they deem necessary or appropriate before making a booking at one of the restaurants listed on the “Join the Table” platform, through the corresponding link.
GPB does not offer any guarantee regarding the Restaurant Content or the services and/or business practices of third parties listed on the “Join the Table” platform. Consequently, GPB cannot guarantee User satisfaction with the business practices or the products and services received when using the “Join the Table” platform.
9.2 Changes to the “Join the Table” platform
Given the interactive nature of the “Join the Table” platform, all the information it contains is subject to change at any time, without this compromising the liability of GPB.
9.3 Use of the “Join the Table” platform
GPB does not guarantee uninterrupted access to the “Join the Table” platform or the continuity of the service, and their obligations in this regard are limited to making reasonable efforts.
GPB is not responsible for lack of access to the “Join the Table” platform or for any claims for damages or losses that may arise from the use or inability to use the “Join the Table” platform or its content, except to the extent provided for by current law.
In general, Users agree to hold GPB harmless from all liability in the event that they cannot take advantage of the promotions or special offers proposed by a restaurant. Users acknowledge and agree to hold GPB harmless in the event that a restaurant refuses to apply a promotion or special offer for any reason.
9.4 Guarantees and compensation for Users
Users declare themselves to be fully familiar with the features and limitations of the Internet. Specifically, they recognise that it is impossible to guarantee the full security of the data they send over the Internet. GPB is not responsible for any incident that may result from this transmission of data.
Users agree to protect and hold GPB harmless from all liability, damage, expense, claim or cost derived from any claim or litigation, whether judicial or extra-judicial, in relation to the use of the services provided by GPB.
In any case, Users explicitly acknowledge and agree to use the “Join the Table” platform at their own risk and under their own responsibility.
11. – Other provisions
In the event that any of the provisions established in these Conditions of Use is declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or applicability of the other provisions will not be affected or diminished, retaining such provisions their full validity.
GPB may draft a new clause with a view to restoring the common will of the Parties, as it was expressed in the original clause, always in accordance with applicable legislation.
Any notice or notification must be made in writing or by e-mail to email@example.com, and will take effect from the date of the acknowledgment of receipt of the e-mail or by regular post to the following address GLOBAL PREMIUM BRANDS. Av Conde Romanones 18. 19200 GUADALAJARA. Spain.
10.3 Jurisdiction and applicable law
These General Conditions of Use will be governed by Spanish law. The parties submit, for all incidents that may arise from the interpretation and fulfilment of this agreement, to the Courts and Tribunals of the City of Madrid, expressly waiving any other jurisdiction that may correspond to them.