{"service":{"name":"FineDine","url":"https://www.finedinemenu.com/privacy-and-terms/terms-of-service-for-consumers","lang":"ENG","sector":"Food","hq":"Turkey","hq_category":"Other","is_public":"Private","is_paid":"Free","date":"23.02.2021"},"document":{"title":"","text":"Terms Of Service for Consumers\nLast updated: February 23, 2021\nTerms of Service for the Consumers\n\nThank you for choosing to use our services.\n\nThese Terms of Service (“Terms”, “Terms of Service”) govern your\nrelationship with FineDine internet sites, applications and online\nservices (the “Service”) operated by Bambulabs, Inc., and it’s\nsubsidiaries Bambulabs Yazilim A.S. and FineDine FZE\n(collectively, “Bambulabs,” “us,” “we,” or “our”). Please read these\nTerms of Service carefully before using our Service.\n\nYour access to and use of the Service is conditioned on your\nacceptance of and compliance with these Terms. These Terms\napply to all visitors, users and others who access or use the\nService. By accessing or using the Service you, an individual, agree\nto be bound by these Terms. If you disagree with any part of the\nterms then you may not access the Service.\n\nSupplemental terms may apply to certain services, such as policies\nfor a particular event,activity or promotion, and such supplemental\nterms will be disclosed to you in connection with the applicable\nservices. Supplemental terms are in addition to, and shall be\ndeemed a part of, the Terms for the purposes of the applicable\nservices. Supplemental terms shall prevail over these Terms in the\nevent of a conflict with respect to the applicable services.\n\nThese Terms of Service are subject to change by Bambulabs at any\ntime and at our discretion without notice. Your use of the Sevice\nafter any changes are implemented constitutes your acceptance of\nthe changes. As a result, we encourage you to consult the terms\neach time you use the Service.\n\nPrivacy and Communications\n\nYou acknowledge and agree that Bambulabs may occasionally\nsend you communications regarding your account or the Service\nvia email, SMS or any communication media. To keep your contact\ninformation up to date is under your responsibility. Otherwise, it will\nbe deemed to have delivered the notifications made to the existing\ne-mail address. The communication purpose may be regarding your\naccount or the Service, marketing, advertising, promoting or legal\nnotifications. See the Privacy Policy, which is incorporated into this\nAgreement by reference.\n\nSee the Privacy Policy, which is incorporated into this Agreement\nby reference.\n\nThe Service\n\nFineDine is an online ordering platform (“Ordering Platform”), used\nfor ordering products (e.g. food ordering), connected to our\nPartner’s (e.g. Partner Restaurants) accounts which is accessed\nvia an mobile app or a website and the restaurant control panel\n(“Restaurant Dashboard”). The Ordering Platform and the\nPrivacy Policy\nFor Consumers\nFor Businesses\nTerms Of Service\nFor Consumers\nFor Businesses\n\nRestaurant Dashboard comprises, and is collectively referred to as,\nthe “Service.”\n\nFineDine is an online ordering platform (“Ordering Platform”), used\nfor ordering products (e.g. food ordering), connected to our\nPartner’s (e.g. Partner Restaurants) accounts which is accessed\nvia an mobile app or a website and the restaurant control panel\n(“Restaurant Dashboard”). The Ordering Platform and the\nRestaurant Dashboard comprises, and is collectively referred to as,\nthe “Service.”\n\nAlthough you place orders through the Service, Bambulabs itself\ndoes not sell the products contained in your order, is not a party to\nany such transaction, and has no control over the quality or safety\nof the products. Your order, is between you and the Partner from\nwhich you order.\n\nThird Party Services and Content\n\nThe Service may be made available or accessed in connection with\nthird party services and content (including advertising and delivery\ninfrastructures) that Bambulabs does not control. You acknowledge\nthat different terms of use and privacy policies may apply to your\nuse of such third party services and content. Bambulabs does not\nendorse such third party services and content and in no event shall\nBambulabs be responsible or liable for any products or services of\nsuch third party providers.\n\nFood Ordering\n\nRestaurants may represent food information such as allergen,\ncalories, food preparation standards or state ingredients through\nthe Service. We do not investigate or verify the menus, ingredients,\nfood preparation standards, or any descriptions, statements, or\nrepresentations made by the restaurants. Therefore, we strongly\nadvise you to contact the restaurant directly to address your\nspecific preparation requirements or learn about the ingredients if\nyou or the other consumers have any food allergies. By using the\nService, you agree that you understand that Bambulabs is not\nresponsible for any statements or omissions concerning the\nproducts contained in your order.\n\nYour Use Of the Service\n\nIn order to use most aspects of the Service, you must submit to\nBambulabs certain personal information, such as your name,\naddress, mobile phone number and age, as well as a valid payment\nmethod (either a credit card or accepted payment partner). In order\nto use some aspects of the Service, you must register for and\nmaintain an active personal user Services account (“Account”).\nAccount registration may also require you to submit to Bambulabs\ncertain personal information, as well as a valid payment method\n(either a credit card or accepted payment partner).\n\nWhen you create an account with us, you must provide us\ninformation that is accurate, complete, and current at all times.\nFailure to do so constitutes a breach of the Terms, which may result\nin immediate termination of your account on our Service. You are\nresponsible for safeguarding the password that you use to access\n\nthe Service and for any activities or actions under your password,\nwhether your password is with our Service or a third-party service.\n\nYou agree not to disclose your password to any third party. You\nmust notify us immediately upon becoming aware of any breach of\nsecurity or unauthorized use of your account.\n\nUser Provided Content\n\nBambulabs may permit you from time to time to submit, upload,\npublish or otherwise make available to Bambulabs through the\nService textual, audio, and/or visual content and information,\nincluding commentary and feedback related to the Service, initiation\nof support requests, and submission of entries for competitions and\npromotions (“User Content”). Any User Content provided by you\nremains your property. However, by providing User Content to\nBambulabs, you grant Bambulabs a worldwide, perpetual,\nirrevocable, transferrable, royalty-free license, with the right to\nsublicense, to use, copy, modify, create derivative works of,\ndistribute, publicly display, publicly perform, and otherwise exploit in\nany manner such User Content in all formats and distribution\nchannels now known or hereafter devised (including in connection\nwith the Service and Bambulab’s business and on third-party sites\nand services), without further notice to or consent from you, and\nwithout the requirement of payment to you or any other person or\nentity.\n\nYou represent and warrant that:\n\n(i) you either are the sole and exclusive owner of all User Content\nor you have all rights, licenses, consents and releases necessary to\ngrant Bambulabs the license to the User Content as set forth\nabove; and\n\n(ii) neither the User Content nor your submission, uploading,\npublishing or otherwise making available of such User Content nor\nBambulabs’s use of the User Content as permitted herein will\ninfringe, misappropriate or violate a third party’s intellectual property\nor proprietary rights, or rights of publicity or privacy, or result in the\nviolation of any applicable law or regulation.\n\nYou agree to not provide User Content that is defamatory, libelous,\nhateful, violent, obscene, pornographic, unlawful, or otherwise\noffensive, as determined by Bambulabs in its sole discretion,\nwhether or not such material may be protected by law. Bambulabs\nmay, but shall not be obligated to, review, monitor, or remove User\nContent, at Bambulab’s sole discretion and at any time and for any\nreason, without notice to you.\n\nAbility to Accept Terms of Service\n\nYou affirm that you are either more than 18 years of age, or an\nemancipated minor, and are fully able and competent to enter into\nthe terms, conditions, obligations, affirmations, representations, and\nwarranties set forth in these Terms of Service, and to abide by and\ncomply with these Terms of Service.\n\nThe Site is not available to minors. If you are a minor, please do not\nuse the Site.\n\n\nAcceptable Use and Conduct\n\nOur Software and Service may be used only for personal or\ncommercial use, which must be in compliance with all applicable\nlaws, rules and regulations and must not infringe or violate third\nparty rights. You represent, warrant and agree that you will not use\nthe Service for any purpose or in any manner that is not authorized\nby these Terms of Service. It is your responsibility to ensure that\nyour use of the Service complies with these Terms of Service and to\nseek prior, express written permission from Bambulabs for any uses\nnot permitted or not expressly specified in these Terms of Service.\n\nPurchases\n\nIf you wish to purchase any product or service made available\nthrough the Service (“Purchase”), you may be asked to supply\ncertain information relevant to your Purchase including, without\nlimitation, your credit card number, the expiration date of your credit\ncard, your billing address, and your shipping information.\n\nYou represent and warrant that: (i) you have the legal right to use\nany credit card(s) or other payment method(s) in connection with\nany Purchase; and that (ii) the information you supply to us is true,\ncorrect and complete.\n\nBy submitting such information, you grant us the right to provide the\ninformation to third parties for purposes of facilitating the completion\nof Purchases.\n\nWe reserve the right to refuse or cancel your order at any time for\ncertain reasons including but not limited to: product or service\navailability, errors in the description or price of the product or\nservice, error in your order or other reasons. We reserve the right to\nrefuse or cancel your order if fraud or an unauthorized or illegal\ntransaction is suspected.\n\nDeliveries\n\nPartner using the Service may not deliver to every location.\nBambulabs is not the delivery services or its agent, makes no\nexpress or implied warranty of any kind whatsoever with respect to\nthe delivery services and disclaims any such warranties that might\notherwise exist.\n\nPrices\n\nThe price of the products listed on the Service are defined by the\nPartners. Partners have the right to change the prices at any time,\nand the change will affect the prices of the new orders, the\nconfirmed orders won’t be affected by the price changes. Should\nthere be an obvious pricing mistake, whereby the Partner will notify\nyou as soon as they can about the pricing issue. Usually, the prices\nare checked by the Partner during the order confirmation process.\n\nPayment\n\nYou may pay for orders via the Service or direct to the Partner by\nselecting the option on Delivery options. A valid payment method is\n\nrequired to process the payment for your order. You shall provide\nBambulabs with accurate and complete billing information including\nfull name, address, state, zip code, telephone number, and a valid\npayment method information. By submitting such payment\ninformation, you automatically authorize Bambulabs to charge all\norder fees incurred through your account to any such payment\ninstruments.\n\nChargeback / Refund Policy\n\nAll refunds are subject to the Partner refund policies. Bambulabs\nwill not, except when required by law or approved by the applicable\nPartner, issue refunds for order cancellation.\n\nIf you have a question about charges made to your account, please\ncontact the Partner first. If the charges were made in error, they will\ncredit your account or credit card account for the appropriate\namount. For further information, you can contact Bambulabs\nat info@finedinemenu.com. Any customer who disputes a credit\ncard payment that is found to be valid will be banned from use of\nthe Service. Any past due fees and costs will be sent to collections.\nIf our collection efforts fail, unpaid debts will be reported to all\navailable credit reporting agencies.\n\nAvailability, Errors and Inaccuracies\n\nWe are constantly updating our offerings of products and services\non the Service. The products or services available on our Service\nmay be mispriced, described inaccurately, or unavailable, and we\nmay experience delays in updating information on the Service and\nin our advertising on other web sites.\n\nWe cannot and do not guarantee the accuracy or completeness of\nany information, including prices, product images, specifications,\navailability, and services. We reserve the right to change or update\ninformation and to correct errors, inaccuracies, or omissions at any\ntime without prior notice.\n\nContent\n\nOur Service allows you to post, link, store, share and otherwise\nmake available certain information, text, graphics, videos, or other\nmaterial (“Content”). You are responsible for the Content that you\npost to the Service, including its legality, reliability, and\nappropriateness.\n\nBy posting Content to the Service, you grant us the right and\nlicense to use, modify, perform, display, reproduce, and distribute\nsuch Content on and through the Service for marketing or\npromotional purposes. You retain any and all of your rights to any\nContent you submit, post or display on or through the Service and\nyou are responsible for protecting those rights.\n\nYou represent and warrant that: (i) the Content is yours (you own it)\nor you have the right to use it and grant us the rights and license as\nprovided in these Terms, and (ii) the posting of your Content on or\nthrough the Service does not violate the privacy rights, publicity\nrights, copyrights, contract rights or any other rights of any person.\n\n\nWe may, but have no obligation to, remove accounts and content\ncontaining what we determine as unlawful, offensive, threatening,\ndefamatory, obscene or otherwise objectionable material. We will\nremove content that violates any party’s intellectual property or\nthese Terms of Service. An account terminated by Bambulabs will\nnot be backed-up for any reason and will be immediately deleted\nfrom our servers.\n\nIntellectual Property\n\nThe Service and its original content (excluding Content provided by\nusers), features and functionality are and will remain the exclusive\nproperty of Bambulabs and its licensors. The Service is protected\nby copyright, trademark, and other laws. Except as expressly\nauthorized by Bambulabs, you agree not to sell, license, rent,\nmodify, distribute, copy, reproduce, transmit, publicly display,\npublicly perform, publish, adapt, edit, or create derivative works\nfrom such content.\n\nAs noted above, reproduction, copying, or redistribution for\ncommercial purposes of any materials or design elements on this\nsite is strictly prohibited without the express written permission of\nBambulabs. For information on requesting such permission, please\ncontact us at info@finedinemenu.com.\n\nLinks To Other Websites\n\nOur Service may contain links to third-party web sites or services\nthat are not owned or controlled by Bambulabs. Bambulabs has no\ncontrol over, and assumes no responsibility for, the content, privacy\npolicies, or practices of any third party web sites or services. You\nfurther acknowledge and agree that Bambulabs shall not be\nresponsible or liable, directly or indirectly, for any damage or loss\ncaused or alleged to be caused by or in connection with use of or\nreliance on any such content, goods or services available on or\nthrough any such web sites or services.\n\nWe strongly advise you to read the terms and conditions and\nprivacy policies of any third-party web sites or services that you\nvisit.\n\nTermination\n\nWe may terminate or suspend your account immediately, without\nprior notice or liability, for any reason whatsoever, including without\nlimitation if you breach the Terms.\n\nUpon termination, your right to use the Service will immediately\ncease and you will lose all data related to your account. If you wish\nto terminate your account, you may simply discontinue using the\nService.\n\nLimitation Of Liability\n\nBambulabs is not liable for the quality of the delivery services and\nthe delivered products. If you have any problems with these\nservices, you should contact with the Partner or the third party\nservice provider.\n\n\nIn no event shall Bambulabs, nor its directors, employees, partners,\nagents, suppliers, or affiliates, be liable for any indirect, incidental,\nspecial, consequential or punitive damages, including without\nlimitation, loss of profits, data, use, goodwill, or other intangible\nlosses, resulting from (i) your access to or use of or inability to\naccess or use the Service; (ii) any conduct or content of any third\nparty on the Service; (iii) any content obtained from the Service;\nand (iv) unauthorized access, use or alteration of your\ntransmissions or content, whether based on warranty, contract, tort\n(including negligence) or any other legal theory, whether or not we\nhave been informed of the possibility of such damage, and even if a\nremedy set forth herein is found to have failed of its essential\npurpose.\n\nThis limitation applies whether the alleged liability is based on\ncontract, tort, negligence, strict liability, or any other basis, even if\nBambulabs has been advised of the possibility of such damage.\nBecause some jurisdictions do not allow the exclusion or limitation\nof incidental or consequential damages, Bambulabs’ liability in such\njurisdictions shall be limited to the extent permitted by law.\n\nNo party shall be liable to the other for any delay or non-\nperformance of its obligations under this Agreement arising from\nany cause beyond its control including, without limitation, any of the\nfollowing: act of God, governmental act, war, fire, flood, explosion or\ncivil commotion. For the avoidance of doubt, nothing in this clause\nshall excuse the Customer from any payment obligations under this\nAgreement.\n\nDisclaimer\n\nYour use of the Service is at your sole risk. The Service is provided\non an “AS IS” and “AS AVAILABLE” basis. The Service is provided\nwithout warranties of any kind, whether express or implied,\nincluding, but not limited to, implied warranties of merchantability,\nfitness for a particular purpose, non-infringement or course of\nperformance.\n\nBambulabs, its subsidiaries, affiliates, and its licensors do not\nwarrant that a) the Service will function uninterrupted, secure or\navailable at any particular time or location; b) any errors or defects\nwill be corrected; c) the Service is free of viruses or other harmful\ncomponents; or d) the results of using the Service will meet your\nrequirements.\n\nGoverning Law\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the state of Delaware, without regard to its conflict of\nlaw provisions. You hereby consent to binding arbitration in the\nState of Delaware to resolve any disputes arising under these\nTerms of Service.\n\nOur failure to enforce any right or provision of these Terms will not\nbe considered a waiver of those rights. If any provision of these\nTerms is held to be invalid or unenforceable by a court, the\nremaining provisions of these Terms will remain in effect. These\nTerms constitute the entire agreement between us regarding our\n\nService, and supersede and replace any prior agreements we might\nhave between us regarding the Service.\n\nException to The Service that is provided in Turkey\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the Republic of Turkey, without regard to its conflict of\nlaw provisions. Any dispute arising under this Agreement shall be\nresolved exclusively by an appropriate court of law in the UAE.\n\nException to The Service that is provided in the GCC\n\nThese Terms shall be governed and construed in accordance with\nthe laws of the UAE, without regard to its conflict of law provisions.\nAny dispute arising under this Agreement shall be resolved\nexclusively by an appropriate court of law in the UAE.\n\nChanges\n\nWe reserve the right, at our sole discretion, to modify or replace\nthese Terms at any time without notice to you. What constitutes a\nmaterial change will be determined at our sole discretion.\n\nBy continuing to access or use our Service after those revisions\nbecome effective, you agree to be bound by the revised terms. If\nyou do not agree to the new terms, please stop using the Service.\n\nFor questions about this Agreement or the Privacy Policy please\ncontact Bambulabs at info@finedinemenu.com.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}