Terms of Service
General terms and conditions for using the services available through toptravelfoods website and mobile app, available on the apple App Store and Google Play
Last Updated on 3 December 2018
Acceptance of Terms
Thank you for using TopTravelFoods. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the TopTravelFoods website at https://www.toptravelfoods.com (the “Website”) and the related TopTravelFoods mobile and software applications, available through the iOS App Store and Google Play (the "Mobile App"), together referred to as TopTravelFoods including but not limited to delivery of information via the Website or Mobile App.
Please read these Terms carefully.
By accessing or using the Website or Mobile App, you are agreeing to these Terms and concluding a legally binding contract with TopTravelFoods B.V., a company incorporated and existing under the laws of the Netherlands ("TopTravelFoods"). Do not access or use the Website and/or Mobile App if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
• Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website or Mobile App; or
• Actually using the Services. In this case, you understand and agree that TopTravelFoods will treat your use of the Services as an acceptance of the Terms.
TopTravelFoods B.V. is a commercial company, providing the Services offered through the Website and Mobile App.
"We" or "us" refers to TopTravelFoods B.V..
TopTravelFoods is a web- and mobile based Internet platform, owned by TopTravelFoods B.V., a company incorporated and existing under the laws of the Netherlands, registered under a KvK-nummer: 65772172, having its seat and registered office at Winkelstraat 6, 5715 PN, Lierop, The Netherlands, which enables users to use the Services of the Website and the Mobile App, which are the subject of these Terms of Service.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website and Mobile App.
"Services" include any and all services, which TopTravelFoods B.V. may offer to the User, through the Website and the Mobile App.
"User Account" is a separate part of the Website and Mobile App, containing User information required by TopTravelFoods during registration. The User Account is accessed by the User through entering an email or a phone number and a password.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.
"TopTravelFoods Content" means content that TopTravelFoods creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than TopTravelFoods or its Users and is available in or through the Services.
Using the services
You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
Website and Mobile App Availability
The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website and Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
You may submit a review of a restaurant yourself, or you may access and comment on the reviews, submitted by other Users. You may also access the history and/or timeline of reviews of other Users of TopTravelFoods. In order to build a comprehensive and accurate picture of restaurants and other establishments, Users are encouraged to submit new information and/or pictures, related to their use of such restaurants. Please note that all reviews and content you post shall be compliant with clause 6 of the present agreement.
Communications from TopTravelFoods
By creating a User Account, you agree to receive certain communications in connection with the Website and Mobile App.
Changes to the Terms
TopTravelFoods may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
Translation of the Terms
TopTravelFoods may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with TopTravelFoods. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Content and Reviews
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by TopTravelFoods.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Website and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion.
USER REVIEWS DO NOT REFLECT THE OPINION OF TOPTRAVELFOODS
Right to use Your Content.
By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and TopTravelFoods, you own Your Content. We own the TopTravelFoods Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website and Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the TopTravelFoods Content, the Website and Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the TopTravelFoods Content, in whole or in part, except as expressly authorized by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
1 Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
2 Violates our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other users, or compensating someone for writing or removing a given review;
3 Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
4 Violates those Terms;
5 Violates any applicable law;
6 Threatens, harms, harasses others, or promotes discrimination;
7 Promotes a business or other commercial venture or event, or otherwise uses the Website and/or Mobile App for commercial purposes;
8 Engages in keyword spamming, or otherwise attempts to manipulate the Website's and Mobile App's search results;
9 Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
1 Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile App or its Content.
2 Use any robot, spider, site or mobile app search/retrieval application in the Website or Mobile App;
Make attempts to reverse engineer any portion of the Website or Mobile App;
3 Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or Mobile App;
4 Record, process, or mine information about other Users and clients;
5 Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile App, through hacking, password mining or any other means;
6 Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of TopTravelFoods, and this action should be considered as if it was included in this clause.
Relationship with other Guidelines and Policies
. You can always retrieve the current version of these at […]. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Members and what options you have for controlling its disclosure to other Members and third parties.
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
Thirs party Websites and Content
The Services may contain, or you may be sent through the Website or Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by TopTravelFoods and TopTravelFoods is not responsible for any Third Party Websites accessed through the Website or Mobile App or any Third Party Content posted on, available through or installed from the Website or Mobile App.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website or Mobile App may contain such advertising information or promotional material or other material submitted to TopTravelFoods by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or Mobile App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than TopTravelFoods, found on or through the Website and/or Mobile App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. TopTravelFoods will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website or Mobile App.
User feedback. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against TopTravelFoods and its users, any claims and assertions of any moral rights contained in such Feedback.
Payment is done exclusively by credit/debit card and PayPal. We accept Visa, Mastercard, Maestro, American Express. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription or order, you must ask the permission of the credit/debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by TopTravelFoods B.V..
If the issuer of your payment card refuses to authorise payment to TopTravelFoods B.V., we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. TopTravelFoods B.V., together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website or Mobile App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the TopTravelFoods B.V. server.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website, Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
Disclaimer of warranties and limitation of liability
you acknowledge and agree that the services, accessible on or through the website or mobile app are provided "as is" and "as available". to the fullest extent, permitted by the applicable law, toptravelfoods b.v. disclaims all warranties, expressed or implied, including but not limited to the fact that: (i) the services, accessible on or through the website or mobile app may be traded or suitable for a specific purpose, (ii) the services, accessible on or through the website or mobile app will operate without interruption and errors, (iii) defects will be rectified, (iv) there are no bugs, viruses, trojan horses or the like, which may be transmitted to or through the services, following the actions of third parties, (v) the security methods used will be sufficient for the protection of the services and their users, and (vi) with regard to the correctness, accuracy or reliability, there will be no loss of data, content or information.
downloading or otherwise obtaining materials through the use of the services is done at your own discretion and risk. you will be solely responsible for any damage to your computer, mobile phone, tablet or other device or for loss of data that results from the downloading of any such material. toptravelfoods will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services related to the toptravelfoods services. you are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. the communication with toptravelfoods, whether written or oral, in connection to, trough the or as a result of using the services shall not create any warranties not expressly stated in the terms. unless you have been expressly authorized to do so in writing, you agree that when using the services, you will not use any trademark, trade name or logo of any company or organization in a way that is likely to cause confusion about the owner of such marks, names or logos.
toptravelfoods makes no promises with respect to any third parties, such as any advertisments or promotions that can be seen on the website or mobile app or other users of the services. toptravelfoods is not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with our services or any other goods or services promoted or featured on the website or mobile app.
your purchase and use of products or services offered by third parties through the website or mobile app is done at your own discretion and risk.
toptravelfoods's maximum aggregate liability to you for losses or damages that you suffer in connection with the services is limited to the actual out-of-pocket amount paid by you to toptravelfoods.
toptravelfoods disclaims liability for any (i) indirect, special, incidental, punitive, or consequential damages, (ii) loss of profits and resulting damage, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, Mobile App and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to TopTravelFoods for accessing the Website, Mobile App and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of TopTravelFoods.
This Agreement and all rights and obligations in connection with it are governed by Dutch law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Dutch Court.
1 You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website and Mobile App or providing TopTravelFoods with a notice of termination.
2 We may close your User Account, suspend your ability to use certain portions of the Website or Mobile App and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Mobile App, Your Content, TopTravelFoods Content and/or any other related information.
3 In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
1 We reserve the right to amend, update, or discontinue the Website and/or Mobile App at our sole discretion, at any time, with or without reason, and without notice or liability.
2 We may provide you with notices, including those regarding changes to the Terms, by email or through the Website and/or Mobile App.
3 Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
4 The Terms contain the entire agreement between you and TopTravelFoods regarding the use of the Website and Mobile App.
5 If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
6 The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website, Mobile App or the TopTravelFoods Services, or to receive further information regarding the Services, please contact TopTravelFoods using one of the following methods:
Winkelstraat 6, 5715 PN, Lierop, The Netherlands