Terms & Conditions
PaxBooking is provided as a service of IT FUTURE. For the purposes hereof, PaxBooking and IT FUTURE are collectively referred to as the "Company" or "PaxBooking".
The Website acts as an online service for restaurant owners who have registered with the Company to manage their bookings and guest information.
To access most functions of the Website, you must register as a User by providing certain current, complete, and accurate information about yourself. You have right to complete and correct your information or delete your Account. You will provide a valid email address as a User ID, and you will be provided with a password upon Account creation which you can change afterwards. You also have to give us certain registration information, all of which must be accurate and updated. You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Website and your use of services available on the Website do not violate any applicable law or regulation; (d) you are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
You shall notify the Company of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or other information.
You are responsible for maintaining the security of your password. The Company is not liable for any loss that you may suffer through the use of your password by others. You agree to notify the Company immediately of any unauthorised use of your Account or of any other breach of security known to you with respect to the Websites or your Account. You agree to report any violations of this Agreement by others to the Company.
The Users acknowledge and agree that any and all Company or Restaurant names and logos related to the Account and the Company or Restaurant and all related product and service names, design marks and slogans, are the property of the Company, the Restaurant or their affiliates or suppliers, as the case may be (collectively, the "Marks"). By agreeing to these Terms and Conditions, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Restaurant. The Users have no title or ownership in the Account, the Software or the Marks (other than their own Marks) and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company, the Restaurant or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). he User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.
Payment for Restaurant Accounts; Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice.
Payment for Accounts must be made at the time specified on the issued invoices by direct debit, credit or debit card. All fees paid to the Company for use of an Account are non-refundable.
The User may be charged a monthly fee at a regularly recurring monthly billing cycle. All fees are subject to change without notice. The Restaurant is responsible for reviewing the Pricing Schedule and remaining aware of the fees charged by the Company. Unless a cancellation notice is received by the Company in writing, or through the account management options on the Sites prior to the start of the next billing cycle of the Account, an Account will automatically renew for the next month. By agreeing to these Terms and Conditions, the User authorises the Company to charge the monthly outstanding amount by credit card or electronic funds transfer for the Account for each monthly billing cycle.
In the event that a recurring credit charge or direct debit facility is cancelled by the Restaurant or authorised person or a payment request is declined for whatever reason, the Company reserves the right to levy an administration fee of €39 plus VAT. In instances such as above, the Company reserves the right to immediately disable an account until the administration fee is paid and the recurring charge facility is re-enabled.
Any Information on the Websites Can Change Without Notice
The Company assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, a Restaurant’s knowledge (or lack thereof) of any Guest’s food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest’s or any employee’s behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
The Company may send email or SMS confirmations on behalf of restaurants to confirm or follow up on bookings. The Company has the right to append at the bottom of any such email confirmations, and you consent to the placement of, a small branded advertising logo (hyper-linked) promoting PaxBooking.
The Company, in its sole discretion, has the right to suspend or terminate any User’s Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms and Conditions. Such a termination of a User’s Account will result in the forfeiture and relinquishment of all content in said Account.
Users may cancel their Accounts at any time by using the Account management options or by submitting a request in writing to email@example.com.
The Company may delete any of a User’s archived data at any time after the date of termination.
All Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a User’s use of the Sites, the User’s violation of this Agreement, or the User’s infringement of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INJURIES, DEATH, LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, MATERIALS, CONTENT, FOOD, PRODUCTS AND/OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE AND THE RESOURCES, MATERIALS, CONTENT AND SOFTWARE PROVIDED THEREIN. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE COMPANY PARTIES WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of the Users’ transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users’ Accounts; or (vi) any other matter relating to the Accounts. In the event that notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for his/her/its Account.
The User agrees that their use of the Accounts is at their sole risk. The service is provided on an "as is" and "as available" basis.
The User must not modify, adapt or hack the Accounts or modify another website so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.
The Company may, but have no obligation to, remove content, and Accounts containing content, that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms and Conditions.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.
The User understands that the technical processing and transmission of the Accounts, including their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
The User must not transmit any worms or viruses or any code of a destructive nature.
The Company does not warrant that (i) the Accounts will meet the User’s specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any food, products, services, information, or other material purchased or obtained by the Users through the Site will meet their expectations, and (v) any errors in the Accounts will be corrected.
The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superceding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms and Conditions).
Unless otherwise provided, the Terms and Conditions shall be governed by the laws of Lithuania without effect to its conflict of laws provisions.
Claims, disputes or other matters in question between the parties to the Terms and Conditions arising out of or relating to the Terms and Conditions or breach thereof shall be subject to and decided by binding arbitration in accordance with the rules of the Lithuanian Court currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Terms and Conditions shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Terms and Conditions, except by written consent of the Users, the Company and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be binding and final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that in the event any such dispute proceeds to arbitration, the prevailing party will be entitled to recover, as part of the arbitration award, its reasonable attorneys’ fees and costs incurred in the arbitration, at the discretion of the arbitrator. Said arbitration shall be held in Lithuania unless a different location is agreed to in writing by all parties.
If any term of the Terms and Conditions is deemed unenforceable or invalid by a tribunal with valid jurisdiction then the finding of unenforceability or invalidity of that part shall not affect the remaining portions of the Terms and Conditions which shall remain in fall force and effect.
The Terms and Conditions and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms and Conditions shall be permitted without the prior written consent of the Company.
How to Contact Us
Should you have comments or questions about these Terms and Conditions, you may e-mail us at: firstname.lastname@example.org
Schippersstraat 10 C
1011 BA Amsterdam
IT FUTURE is registered in The Netherlands
Chamber of Commerce number: 64831620
VAT number: NL650508099B01
Last Updated: 27 November 2018