1.3. Links to third party platforms. The Services may contain links to third party platforms maintained by other content providers. FOODETECTIVE hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.
1.4. Amendments. The terms of these ToU may be amended from time to time and such amendments shall be notified to visitors on FOODETECTIVE’s website or through the App. By continued access or use of the Services after any amendment of the terms of these ToU, Users agree to be bound by any such amendment.
2.1. Account. Certain Services and sections of the Services require the registration of an account by the Users and the registration of their name, e-mail address, date of birth and residence address (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, Users warrant that they are the age of legal majority, but at least 18 years old, and have unrestricted legal capacity in their country of domicile or residence.
2.2. By registering an Account, you become a registered user (the Registered User) and can upgrade to Business User or Foodetective User. All Users are able to consult the food reviews, but only Registered Users can benefit from all the Services provided by FOOD DETECTIVE, such as booking a table, ordering food, ordering food to take away, making payments, etc. The Business Users are representatives of restaurants, bars, food trucks, markets and other F&B businesses wishing to edit the content of their business page and to use the Services in relation thereof. The Foodetective Users are commercial partners of FOOD DETECTIVE wishing to provide content and reviews of restaurants bars, food trucks, markets and other F&B businesses.
2.3. Accuracy. Registered Users warrant that all information provided to FOODETECTIVE in the registration process or otherwise is true and accurate. Registered Users shall keep such information up to date at any time.
2.4. Confidentiality. Registered Users agree to keep their login and password confidential. Registered Users acknowledge that they are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Registered Users authorized such use or not. Registered Users shall be fully liable for any losses and/or damages that may result from any such use. Registered Users agree to immediately notify FOODETECTIVE of any unauthorized access or use of their Account or any other breach of security.
2.5. Cancellation of Account. FOODETECTIVE reserves the right to temporarily or permanently cancel an Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.
3.1. User Content. Subject to Sections 8.2 and 10.3, Business Users and Foodetective Users are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, sounds, or other materials (the User Content).
3.3. Responsibility. Business Users and Foodetective Users understand and agree that all User Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the Business Users or Foodetective Users from whom such User Content originates. FOODETECTIVE has no liability related to the User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.
3.4. Restrictions. Business Users and Foodetective Users represent and warrant that their User Content: (i) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual or company; (vi) shall not be inadequate or inadequate language; (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (viii) shall not be contrary to these ToU or any editorial guidelines provided by FOOD DETECTIVE.
3.5. No obligations. FOODETECTIVE reserves the right (but not the obligation) to take any action with respect to the User Content, if FOODETECTIVE believes that it may create liability for FOOD DETECTIVE or may cause FOODETECTIVE to lose the services of FOODETECTIVE’ Internet service providers or other suppliers and/or providers.
3.6. No warranties. Unless pre-approved by FOODETECTIVE, FOODETECTIVE cannot, nor undertakes any obligation to, control the User Content. By its very nature, the information in the User Content may be changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. FOOD DETECTIVE does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does FOODETECTIVE undertake to verify, update or correct such information. FOODETECTIVE also does not make any representation or warranty, express or implied, regarding any User Content. FOODETECTIVE reserves the right to adjust, refuse or remove any User Content at our sole discretion, in particular to comply with any applicable law.
3.7. FOOD DETECTIVE content. Except if specifically provided otherwise in these ToU, nothing in these ToU, in particular this Section 3, shall prevent FOODETECTIVE to upload, adapt, modify, amend or delete any content included in the Services and more generally on the FOODETECTIVE platform.
4.1. License. Subject to the Registered Users’ compliance with the terms of these ToU, FOODETECTIVE grants the Registered Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services, including without limitation and if available (i) online booking services; (ii) independent delivery services and take away; (iii) online payments services, (iv) online catering services as well as similar services, the list of which may be extended end/or modified from time to time.
4.2. Services provided by third parties. Part of the Services may be provided by third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the provision of the Services in addition to the terms of these ToU. The use of such Services may also be subject to the payment of a fee by the Registered User, who may be requested to provide additional data to FOODETECTIVE and to third parties providing the relevant Services.
4.3. Restrictions. To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the App; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the App, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the App. Without prejudice to the terms of these ToU, FOODETECTIVE and/or its licensors reserve all rights on the Services not expressly granted herein.
4.4. No obligations. FOODETECTIVE shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. FOODETECTIVE reserves its right to edit, review or modify the content of the Services without prior notice at any time, including without limitation for purposes of compliance with the terms of these ToU or any applicable law. FOODETECTIVE reserves its right to investigate on any infringement or behavior affecting the Services and to cooperate with competent authorities in case of violation of any applicable law.
4.5. Representations and warranties of the Users. Users represent and warrant that (i) they will not infringe, or cause a third party to infringe, any applicable law or regulation by using the Services; (ii) they will not use their Account and the Services for any unlawful purpose; (iii) they will not infringe any intellectual property right, or other proprietary right or right of publicity or privacy, by using the Services; (iv) they will not include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (v) their use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5.1. Ownership of FOOD DETECTIVE. Without prejudice to Section 5.2, FOODETECTIVE and its licensors own any copyright and intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties in relation thereto.
5.2. Ownership of the Business Users and the Foodie Users. Without prejudice to Section 3.2, Business Users and Foodie Users or their licensors retain ownership of all rights, title and interest in and to their User Content.
5.3. Infringement. If Users think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, Users may at all times contact FOODETECTIVE at firstname.lastname@example.org and ask FOODETECTIVE to remove such content from the Services.
Registered Users agree that FOOD DETECTIVE may, at FOOD DETECTIVE’s sole discretion, suspend or terminate their Account, and/or their access and/or their use to all or part of the Services with or without notice and for any reason, including without limitation, breach of the terms of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Services will immediately cease, including any license for the use of the Services pursuant to Section 4.1. Subject to applicable law, FOOD DETECTIVE reserves the right to remove or delete any information and/or content, in particular the User Content, including any Account or login information.
8.1. Registration. Business Users shall first register as Registered User and then upgrade to Business Users by providing the information requested during the registration process. Business Users are provided with a login and each Business User is linked to the page of a specific restaurant, bar, food truck, market or other F&B business, either existing prior to the registration of the Business User or created upon successful registration of the Business User.
8.2. Content. Business Users are able to upload and modify the content only with respect to the page relating to the restaurant, bar, food truck, market or other F&B business to which they are linked. However, Business Users cannot modify User Content uploaded by other Users.
8.3. Services. The Business Users can also subscribe for the provision of specific Services to be provided in relation to the restaurant, bar, food truck, market or other F&B business to which they are linked, including without limitation the provision of online booking services; the provision of independent delivery services and take away; the provision of online payments services, as well as similar services, the list of which may be extended end/or modified from time to time. The provision of such Services may require the services of third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the provision of the Services on the page of the restaurant, bar, food truck, market or other F&B business to which the Business User is linked, in addition to the terms of this ToU. The provision of such Services on the page of the restaurant, bar, food truck, market or other F&B business to which the Business User is linked may also be subject to the payment of a fee by the Registered User.
8.4. Fees. Unless indicated otherwise upon registration, the registration as a Business User is subject to the payment in advance of a fee ranging from of CHF 59 to 199 per month. If any such fee is not paid in due time, FOODETECTIVE reserves the right to suspend and/or terminate the Account of the Business User in accordance with Section 7.
9.1. Registration. Foodetective Users shall first register as Registered User and then upgrade to Foodetective Users by filling an online application form accessible at https://foodetective.typeform.com/to/VHVW3F. Foodetective Users are provided with a login and a dedicated profile on the FOODETECTIVE. Upon successful registration the Foodie User can be eligible to receive a Foodetective kit, containing the elements which are listed at https://foodetective.co/kit.
9.2. Missions. Foodie Users have the possibility to rate and review specific restaurants, bars, food trucks, markets and other F&B businesses, based on the information provided upon registration of the Foodie User. While performing their missions, Foodetective Users shall comply at all time with the rules published by FOODETECTIVE and accessible at https://foodetective.co/foodetective-rules, the terms of the missions sent by FOODETECTIVE and any other and/or additional instruction from FOODETECTIVE.
9.3. Reviews. Following completion of the relevant mission, Foodetective Users shall submit their reviews on our platform. Before submitting their review, the Foodetective Users shall make sure that such review is compliant with and does not infringe these ToU, the rules published by FOODETECTIVE and accessible at https://foodetective.co/food-detective-rules, the rating system rules published by FOODETECTIVE and accessible at https://foodetective.co/rating, the terms of the missions sent by FOODETECTIVE and any other and/or additional instruction from FOODETECTIVE The submitted reviews are analysed and validated by FOODETECTIVE and, upon successful validation, uploaded online on the platform directly by FOODETECTIVE. The Foodetective Users hereby acknowledge and agree that FOODETECTIVE may decide, in its sole discretion, not to upload and publish reviews submitted by Foodetective Users and is entitled to correct minor mistakes and typos and to make small improvements on the reviews submitted by the Foodetective Users.
9.4. Ethical Rules. Foodetective Users shall strictly abide by the ethical rules published by FOODETECTIVE for the Foodetecitve Users and accessible at https://foodetective.co/food-detective-rules.
10.1. No warranties. Users agree that their access and use of the Services shall be at their sole risk and liability. Users acknowledge that the content of the Services is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, FOODETECTIVE disclaims all warranties, express or implied, in connection with the Services, including User Content, their access and use thereof.
10.2. No further representations and warranties. Furthermore, FOODETECTIVE makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, including User Content, such as errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations to access and use of the Services; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
10.3. No liability. To the extent permitted by applicable law, FOODETECTIVE waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, including User Content, provided on or otherwise in connection with the Services.
Users shall defend, hold harmless and indemnify FOODETECTIVE for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by FOODETECTIVE arising out of the Users’ access and use of the Services and/or any infringement of the terms of these ToU.
12.1. Severability. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
12.2. No Waiver. The failure of FOODETECTIVE to enforce any of the provisions of these ToU or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these ToU. The waiver of any breach of these ToU by FOODETECTIVE shall not be construed as a waiver of any other prior or subsequent breach.
12.3. No Assignments. Users shall not be permitted to assign any rights created under the terms of these ToU without the prior written consent of FOODETECTIVE.
If Users have any questions regarding the Services, or the ToU please contact FOODETECTIVE at foodetective.co.
14.1. Governing Law. These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
14.2. Jurisdiction. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.