Last revised: October 23nd, 2013
Eat in Common AS, and its affiliates (“Company”, “we” or "us") welcome you to Eat in Common, an online social platform available at www.eatincommon.com, eatincommon.* and spisesammen.no (hereinafter, “Eat in Common” or "Service"), which offers a community marketplace for hosts and guests to have food events together. Eat in Common connects hosts who offer their delicious meals and home facilities to guests seeking to participate in such food events. Each user, whether hosts or guests (“User” or “you”), is invited to use and enjoy Eat in Common in accordance with the terms and conditions hereunder.
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.EATINCOMMON.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Eat in common is a “aksjeselskap” under Norwegian law with a share capital of 30 000 NOK and a registered office located at Bølerbakken 15E, 0690 Oslo, Norway. We are listed under the number 912 452 808 in the Brønnøysund register (hereinafter referred to as “Eat in common”, “we”, or “us”).
If you do not agree to be bound by the Master Agreement, you are not allowed to use the Eat in common Website and you are obliged to leave it. The Company urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time. You can review the most current version of the Terms at any time at: http://www.eatincommon.com/pages/terms-of-service.
We set up the Eat in common Website to facilitate your meetings with other people to meet new people and have a great time while you share a meal that you have prepared or that has been prepared for you. We think it is important that you can select who are entitled to attend your dinner. Therefore you are kindly requested to accept the guests that reserve a seat at your dinner before they make their payment and receive the final contact details for your event.
If you love meeting new people and cooking for friends, you can use the Eat in common Website to invite people from different cultures to your home for a meal (hereinafter referred to as the “Eat in common Event”). You will then become a “Host” and should respect, in addition to this Master Agreement, the Host’s Charter.
If you love food and meeting new people, you can search the Eat in common Website for your ideal Eat in common Event. You will then become a “Guest” and should respect, in addition to this Master Agreement, the Guest’s Charter.
Our role is to put Hosts in contact with Guests via a listing on the Eat in common Website (hereinafter referred to as the “Contact Service”).
Thus the Eat in common Website serves as a platform for listings and exchange of information. It allows the listing of Eat in common Events by Hosts which conform to a certain number of objective criteria, and include key information about the Invitations as well as contributions from Guests.
Hosts are entirely free to define their own individual conditions for their Eat in common Events.
Guests are entirely free to accept or decline Eat in common Events as made to them by Hosts.
Our Contact Service is aimed exclusively at persons over 18 years of age and/or having the legal capacity to enter into a contract.
If you become a Host or Guest, you agree to be bound by the Terms and Conditions of PayPal who serves as our payment provider.
The creation of a Host or Guest account includes the creation of an “Account” as defined under the Terms and Conditions of PayPal. Acceptance of a Eat in common Event by a guest constitutes a “Transaction” as defined under the Terms and Conditions of PayPal.
If you are a Host we also offer you the option to publish a range of content on the Eat in common Website to enable Users to get to know you and to find out more about the Eat in common Events that you are offering (hereinafter referred to as the “Host Content”).
If you are a Guest, we also offer you the option to give feedback, and to post content on the Eat in common Website itself and, in particular, on the pages published by the Hosts relating to a Eat in common Event in which you have participated (hereinafter referred to as the “Guest Content”).
More generally, you can post content on the Website as a simple User (this content, the Guest Content and the Host Content shall hereinafter be referred to together as “User Content”).
User Content that you post on Eat in common is your property.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND GUARANTEE EAT IN COMMON AGAINST ANY ACTION THAT MAY BE UNDERTAKEN AGAINST IT AS A RESULT OF USER CONTENT.
By posting User Content on the Eat in common Website:
This license allows us in particular, without this list being exhaustive, to edit your User Content on the Website, to reproduce it, in whole or in part, to represent it, to translate it, to group it with other User Content or elements of the Eat in common Website, to remove certain words in order to use them in search tools, to use it for promotional or commercial purposes.
This license ends when you delete your intellectual property content, either via your account, or by expressly requesting its removal by sending a recorded delivery letter with signed proof of receipt. You must include your identity, your contact details, and enough information in your request to allow us to find the User Content concerned in order to delete it (in addition you must allow sufficient time for us to deal with your request).
However, we would like to draw your attention to:
Eat in common reserves the right to market the results of this automatic data handling.
A payment to cover costs is requested from Guests for each Eat in common Event in the form of a fixed amount payable before the Eat in common Event takes place.
Each Host agrees to use the Eat in common Website on an occasional basis and not to use it for financial gain.
Hosts are requested to keep all receipts for costs incurred for each Eat in common Event. Eat in common collects the payment from Guest before the event starts. Upon accepted payment, the host receives the final details on where the event takes place. If the Guest fails to pay for 48 hours after the host has accepted his request to join the event, his reservation may be cleared and the seat opened up to other guests. This commission, paid by the Guest, is forwarded to the host once the event is completed. Eat in Common service charge amounts to 15% of the payment to cover costs of service. This amount is subtracted before the money is transferred to the host.
Payment of the amount requested by the Host and of our commission, including tax, for the Eat in common Event should be made by the Guest before the date set for the Event. As soon as the transaction is completed by the Guest, they should receive the final deails of the event and they have a valid “Ticket” .
Except in the event of a rare technical problem, the Host receives payment for the Eat in common Event in their PayPal Wallet, after deduction of our commission, in the two (2) days following the agreed date of the Eat in common Event concerned.
However, in the event that a Host may not have fulfilled the essential obligations in relation to the Guest, this Guest has the option until [midnight on the day following] a Eat in common Event to block payment by using the claim form on the page summarizing the reservation or by sending an email to claim@Eatincommon.com. The Guest must then supply as much information as possible to explain the problem. The payment, including our commission, will then be refunded to the Guest as soon as possible. It is the Guest’s responsibility in relation to the Host and to Eat in common in the event that unjustified blocking of a payment to these later should be carried out.
Depending on how you use the Eat in common Website, you are likely to be bound to us by different contracts, a list of which follows.
If you are a User of the Eat in common Website, you are subject to the Master Agreement.
If you are acting as a Host on the Eat in common Website, you are subject to this Master Agreement and to the Host’s Charter. The latter shall prevail, in the event of contradiction, over the Master Agreement.
If you are acting as a Guest on the Eat in common Website, you are subject to this Master Agreement and to the Guest’s Charter. The latter shall prevail, in the event contradiction, over the Master Agreement.
In the event that you become a Guest and/or Host, you will be subject to the terms and conditions of our payment provider PayPal.
Thus, in the event of a dispute between PayPal and yourself in relation to a failure by one of the parties in any of their contractual obligations, Eat in common shall not be held responsible.
In the event that a guest should accept a Host’s Eat in common Event, a contract shall be made between them, to the exclusion of Eat in common.
Thus, in the event of a dispute between the Guest and the Host in relation to a failure by one of these parties to honor their contractual obligations, Eat in common shall under no circumstances be held responsible.
We advise you to familiarize with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you whether you are a Guest or a Host.
You agree not to offer, give, or serve alcoholic drinks during a Eat in common Event except in accordance with the applicable regulations. Alcohol abuse is damaging to your health. Licensed premises are subject to specific regulations, the contravention of which is liable to criminal sanctions.
You agree to respect any regulations governing the premises where a Eat in common Event takes place.
This Master Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of Eat in common.
Eat in common reserves the right to modify this Master Agreement at any time. Any modification of this agreement will come into effect when it is published on the Eat in common Website.
By continuing to use the Eat in common Website, you agree to be bound by the modified Master Agreement.
If you do not accept the modifications that have been made, you may no longer use the Eat in common Website and must leave it.
We would advise you to print a copy of each version of the Master Agreement that would apply to you for your records. To ensure that you are fully informed, the date of implementation of each modified Master Agreement is shown in the heading of the document.
Use of the Eat in common Website is considered to be null and void if it is done in violation of this agreement.
BY USING THE EAT IN COMMON WEBSITE, YOU DECLARE AND GUARANTEE TO US THAT YOUR USE OF THE WEBSITE DOES NOT INFRINGE ANY CURRENT LAW OR REGULATION.
Before becoming a Host or a Guest, you must first create a unique and personal “User Account” (hereinafter referred to as the “User Account”) and create an available user name (hereinafter referred to as the “Login”) and a password (hereinafter referred to as the “Password”) and complete it by providing, as a minimum, the following obligatory information:
Upon creating a user account we also recommend creating a PayPal account on the same e-mail adress that you have used on Eat in Common.
In the event that you decide to upload a profile photograph, you are committed to providing a photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Eat in common that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Eat in common to use your image, and that you grant it a license for use under the conditions set out in article 7 above.
You are committed to provide full, exact and honest information and to keep it up-dated.
You will be identified on the Eat in common Website, in your dealings with other users and with third parties, by your first name.
Your User Account will not be validated unless (i) you expressly declare and guarantee to us that you are a person aged over 18 years and/or with the capacity to enter into a contract, and (ii) your email address has been confirmed by our automatic verification process.
Your User Account may not be sold or transferred to another person or legal entity.
Your User Account is strictly personal to you and contains confidential information about you. You agree not to communicate your Login or Password in any way or to any person whatsoever.
IN THE CONTEXT OF THE ADDING OF USER CONTENT, EAT IN COMMON DOES NOT PLAY ANY ACTIVE ROLE THE NATURE OF WHICH MIGHT ENTRUST IT WITH KNOWLEDGE OR CONTROL OF THE DATA STORED.
IN THIS CONTEXT, EAT IN COMMON ACTS AS A CONTENT HOST WITHIN THE MEANING OF THE REGULATIONS.
EAT IN COMMON CANNOT BE HELD RESPONSIBLE FOR THE USER CONTENT THAT IT STORES AT A USER’S REQUEST UNLESS, HAVING BEEN MADE AWARE OF THE ILLICIT NATURE OF ANY USER CONTENT UNDER THE FORM AND CONDITIONS OF FRENCH LAW, EAT IN COMMON SHOULD NOT HAVE PROMPTLY REMOVED SAID USER CONTENT OR RENDERED IT INACCESSIBLE.
EAT IN COMMON IS UNDER NO OBLIGATION OF PERFORMANCE OR ANY OBLIGATION OF BEST ENDEAVOUR IN RELATION TO THE FUNCTIONING OF THE EAT IN COMMON WEBSITE.
EAT IN COMMON SHALL UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, NEITHER FOR ANY FAULT, DELAY IN OPERATION OR IN TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACTION, NOR FOR ANY ALTERATION TO COMMUNICATION WITH ANY USER.
EAT IN COMMON RESERVES THE RIGHT TO TEMPORARILY SUSPEND ACCESS TO ITS SERVICES FOR TECHNICAL REASONS OR FOR MAINTENANCE WITHOUT THESE OPERATIONS GIVING ANY RIGHTS TO ANY KIND OF COMPENSATION WHATSOEVER.
EAT IN COMMON’S RESPONSIBILITY TOWARD THE HOST OR TOWARD THE GUEST, UNDER THE CONTACT SERVICE THAT IT OFFERS, IS LIMITED TO THE AMOUNT OF COMMISSION RECEIVED FROM THE PARTIES FOR THE CONTACT SERVICE IN QUESTION.
THUS, IN THE EVENT THAT YOU MIGHT SUFFER DAMAGE, OF WHATEVER NATURE, DUE TO A FAULT COMMITTED BY Eat in common IN THE CONTEXT OF THE EXECUTION OF THE CONTACT SERVICE, THE COMPENSATION THAT YOU WOULD RECEIVE FROM Eat in common WOULD BE LIMITED TO THE AMOUNT OF COMMISSION THAT YOU PAID TO IT FOR THE CONTACT SERVICE IN QUESTION.
EAT IN COMMON SHALL UNDER NO CIRCUMSTANCE BE HELD RESPONSIBLE TOWARD THE HOST OR TOWARD THE GUEST FOR THE SMOOTH RUNNING AND/OR THE SATISFACTORY OUTCOME OF EAT IN COMMON EVENTS.
UNDER NO CIRCUMSTANCE SHALL EAT IN COMMON GUARANTEE THE RELEVANCE AND/OR THE VERACITY AND/OR THE COMPREHENSIVENESS OF THE INFORMATION EXCHANGED IN THE CONTEXT OF A EAT IN COMMONEvent OR ON THE EAT IN COMMONWEBSITE.
EAT IN COMMONS HALL UNDER NO CIRCUMSTANCE BE HELD RESPONSIBLE FOR A FAULT COMMITTED BY USERS, INCLUDING IF THIS FAULT IS COMMITTED IN THE CONTEXT OF USE OF THE Eat in common WEBSITE OR OF A SERVICE OFFERED BY EAT IN COMMON.
WITH THE EXCEPTION OF THE RESPONSIBILITY LINKED TO THE CONTACT SERVICE AND SET OUT IN ARTICLE 17.3 ABOVE, EAT IN COMMON SHALL UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE FOR THE OTHER SERVICES THAT IT OFFERS FREE OF CHARGE ON THE EAT IN COMMON WEBSITE.
THE EAT IN COMMON WEBSITE IS LIKELY TO CONTAIN HYPERTEXT LINKS TO OTHER WEBSITES OWNED AND/OR OPERATED BY OTHER PEOPLE THAN EAT IN COMMON (HEREINAFTER REFERRED TO AS “THIRD PARTY WEBSITES”).
EAT IN COMMON SHALL UNDER NO CIRCUMSTANCE BE HELD RESPONSIBLE FOR THE PRODUCTS AND/OR CONTENT OF THESE THIRD PARTY WEBSITES. IN PARTICULAR, WITHOUT THIS LIST BEING EXHAUSTIVE, EAT IN COMMON CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, RELEVANCE, OR COMPREHENSIVENESS OF THE CONTENT OF THESE THIRD PARTY WEBSITES NEITHER SHALL IT BE HELD RESPONSIBLE FOR ALL OR PART OF THEM.
EAT IN COMMON SHALL UNDER NO CIRCUMSTANCE BE HELD RESPONSIBLE FOR ANY FAILURE IN THE PAYMENT SERVICE PROVIDED BY ITS PARTNER.
THE USER AGREES TO MAKE IT HIS/HER OWN RESPONSIBILITY WITH REGARD TO REGULATIONS, IN PARTICULAR, WITHOUT THIS LIST BEING EXHAUSTIVE, TAXATION, ADMINISTRATIVE, AND CIVIL REGULATIONS, WHICH MIGHT APPLY TO HIM/HER EITHER AS A HOST OR AS A GUEST, OR AS A SIMPLE USER.
EAT IN COMMON SHALL UNDER NO CIRCUMSTANCE BE HELD RESPONSIBLE IN THE EVENT OF CONTRAVENTION BY A USER OF ANY APPLICABLE REGULATION.
MORE GENERALLY, AND BARRING ANY CONTRARY EXPRESS PROVISION REFERRED TO IN ARTICLE 17 OF THIS AGREEMENT, NEITHER EAT IN COMMON NOR ITS DIRECTORS, EMPLOYEES, NOR ITS AGENTS SHALL UNDER ANY CIRCUMSTANCE BE HELD RESPONSIBLE FOR ANY DAMAGE, EITHER DIRECT OR INDIRECT, RESULTING FROM USE OF THE EAT IN COMMON WEBSITE OR OF THE SERVICES PROVIDED THERE, OF ANY CONTENT ON THE EAT IN COMMON WEBSITE OR OTHER ELEMENTS, ACCESSIBLE OR DOWNLOADED FROM THE WEBSITE, EVEN IF EAT IN COMMON HAS KNOWLEDGE OR HAS BEEN INFORMED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGE.
The elements that make up the Eat in common Website and particularly its editorial content, graphics, applications, software, and its features, with the exception of User Content, (hereinafter referred to collectively as the “Website Content”), are the exclusive property of Eat in common and its rightful owners. Any reproduction, imitation, or insertion, either in whole or in part, of any of the elements of the Website Content belonging to Eat in common is strictly forbidden without the prior written agreement of Eat in common.
The Website Content cannot be modified, copied, distributed, boxed, reproduced, downloaded, displayed, published, transmitted, or sold in any form whatsoever or by any means whatsoever, either in whole or in part, without the prior written agreement of Eat in common.
You are authorized to use the Eat in common Website and the Website Content under the conditions set out in this agreement. Any use of the Eat in common Website or of the Website Content other than that allowed in this agreement, or in contravention of applicable legislation or third party rights, is strictly forbidden.
You agree not to use the Eat in common Website, Website Content, User Content, Contact Service or the other services offered on the Eat in common Website:
In particular you agree not to use automatic scripts to collect information from the Eat in common Website or to interact with the Contact Service or the Eat in common Website.
If you see any Illicit Content on the Eat in common Website you can send us written notification by email to the address claim@Eatincommon.com, including the following information: (a) identification of the content concerned, (b) information to enable us to locate the content in question on the Eat in common Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number, (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of said owner.
You will also find a link on the Eat in common Website to enable you to notify us of any Illicit Content.
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Eat in common reserves the right to withdraw your access to the Eat in common Website, unilaterally and without prior notice if you are guilty of infringement of intellectual property rights or if you have published Illicit Content on the Eat in common Website.
You acknowledge and agree that Eat in common can store personal and other information about you on your computer in the form of “cookies”. The use of these cookies solely concerns the functioning of the Eat in common Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your computer, this ban or restriction may have an unfavorable effect on your use of the Eat in common Website. You acknowledge and agree that Eat in common can also store your personal information on computers in France and beyond its borders. By using the Eat in common Website, you acknowledge and agree that Eat in common can, at its sole discretion:
The Eat in common Website was developed by the Eat in common company.
Eat in common possesses all ownership rights over the Eat in common Website as well as over the Website Content.
Eat in common acts as publisher of the Eat in common Website. The publishing director of the Eat in common Website is the CEO of Eat in common, Mr. Jan Helge Maurtvedt.
For any question relating to the Eat in common Website or to the functioning of the Contact Service, you can contact us by the following means:
- By post:
Eat in common AS
- By email: dinner [at] Eatincommon.com
- By telephone: (+47) 466 50 311
THIS MASTER AGREEMENT, CONTACT SERVICE, OTHER SERVICES OFFERED BY EAT IN COMMON ON THE EAT IN COMMON WEBSITE, AND THE USE OF THE EAT IN COMMON WEBSITE ARE SUBJECT TO NORWEGIAN LAW.
BARRING CONTRARY APPLICABLE PUBLIC ORDER, ANY DISPUTE BETWEEN YOURSELF AND EAT IN COMMON IN RELATION TO THIS MASTER AGREEMENT, THE CONTACT SERVICE, OR OTHER SERVICES OFFERED BY EAT IN COMMON ON THE EAT IN COMMON WEBSITE, OR USE OF THE EAT IN COMMON WEBSITE WILL BE SUBJECT TO THE GEOGRAPHICAL JURISDICTION OF COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF OSLO, NORWAY.
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
By email at the following address: claim@Eatincommon.com.
By telephone on (+47) 466 50 311By post at the following address:
The following terms used in both the singular and plural in this agreement are defined in the following articles in this Master Agreement:
|The following wording:||Is defined in the following article:|
|Host’s Charter||Article 3|
|Guest’s Charter||Article 4|
|Website Content||Article 18|
|Illicit Content||Article 19|
|User Content||Article 7|
|Master Agreement||Article 1|
|Eat in common||Article 1|
|Eat in common Event||Article 3|
|Contact Service||Article 5|
|Eat in common Website||Article 1|