Terms of Service
20Eats LLC (“20Eats”) TERMS AND CONDITIONS
OF MEMBERSHIP (“CONDITIONS”)
These Conditions apply to all services ordered from or provided to you by 20Eat and by
requesting services from 20Eats, you agree that these conditions shall apply to those
services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 IN THESE CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
o Benefits: means the benefits made available to Members by Partner Restaurants.
o Conditions: these terms and conditions as amended from time to time in
accordance with clause 7.4.
o Membership Fee: means the Fee payable by the Member to 20Eats Prime upon
acceptance of a Membership application, in accordance with clause 3.1.
o Member: a person registered as a member of 20eats.
o Membership: means membership of the 20Eats.
o Membership Card: means the card issued to Members by 20Eats upon
acceptance of a Membership application in accordance with clause 2.
o Membership Fees: means the fees payable in respect of Membership notified to
Members upon application for and prior to the renewal of Membership.
o Payment Card: has the meaning given in Clause 3.4.
o Website: means the website located at www.20Eats.com.
1.2 IN THESE CONDITIONS, THE FOLLOWING RULES APPLY:
2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD
o (a)a person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality);
o (b)a reference to a party includes its personal representatives, successors or
o (c)a reference to a statute or statutory provision is a reference to such statute or
statutory provision as amended or re-enacted. A reference to a statute or
the statutory provision includes any subordinate legislation made under that
statute or statutory provision, as amended or re-enacted;
o (d)any phrase introduced by the terms including, include, in particular, or any
a similar expression shall be construed as illustrative and shall not limit the
sense of the words preceding those terms; and
o (e)a reference to writing or written includes e-mails.
o 2.1All Membership applications are subject to acceptance by 20Eats at its
sole discretion. 20Eats shall notify applicants in the event that his or her
Membership application has been accepted. 20Eats is under no duty to
disclose its reasons for rejecting any Membership application.
o 2.2 You are obliged to provide correct personal details when you apply for
Membership. Failure to do so may invalidate your Membership and any
subsequent transactions. Your responsibility to provide accurate information is
a continuing obligation and you must notify 20Eats promptly in the event
that any information provided by you in connection with your Membership
o 2.3 20eats will issue you with a Membership Card together with associated
Membership documentation as soon as possible following receipt of your
o 2.4 Your Membership is personal to you. You are responsible for ensuring that no
one uses your Membership. It is non-transferable and may be revoked if
abused or given to another for use.
o 2.5Access to and use of your personalized Membership section of the Website is
through a combination of user name and password. You are solely responsible
for maintaining the confidentiality of your user name and password and you
agree to notify 20Eats immediately if you believe that there has been any
breach of security, including the unauthorized use of your name and
o 2.6We will take all steps reasonably necessary to ensure that your data is treated
of which are set out in Clause 10.1. Please note that all information you
provide to us is stored on our secure servers. Any payment transactions
carried out by us or our chosen third-party provider of payment processing
services will be encrypted using Secure Sockets Layer technology.
o 2.7You must notify 20eats immediately by e-mail
at info@20Eats.com if your Membership Card is lost or stolen.
o 2.8As a member or a registrant you are automatically opting in to any email
correspondence from 20Eats or any third party 20Eats does
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND
o 3.1For the first year of your Membership, Membership Fees payable shall be
confirmed to you prior to acceptance of your Membership application. Any
increase or decrease to the Membership Fees for subsequent years of
Membership will be notified to all Members in advance or their Renewal Dates.
o 3.2Subject to Clause 3.3, Membership Fees are non-refundable.
o 3.3 20Eats reserves the absolute right to cancel or suspend your
Membership (at its sole discretion) for any reason whatsoever. If 20Eats
cancels your Membership, 20eats may (at its sole discretion) refund the
balance of the current annual Membership Fee on a pro rata basis in respect of
the unexpired period to which the annual Membership Fee relates.
o 3.4Membership Fees are due on acceptance of your Membership application and
annually thereafter (the “Renewal Date”), and full payment will be taken by
HauteDining annually in advance by direct debit or payment by a credit or
debit card which you have authorized us to deduct such payment from
(“Payment Card”) in accordance with the relevant invoice.
o 3.5Where you have provided us with details of a Payment Card, you hereby
expressly authorize 20Eats to deduct renewal Membership Fees up to 28
days prior to or on your Renewal Date. Alternatively, you will be contacted
directly in order to renew your Membership.
o 3.6If you do not wish to renew your Membership you must notify us at least 30
days prior to your Renewal Date.
o 3.7If a Membership is allowed to lapse for over 30 days, 20Eats reserves
the right to recharge the current Membership Fee in order to renew the
o 3.8 20eats reserves the right to refuse to provide the Services should any
payment due under these Conditions not be received.
4. SUPPLY OF SERVICES
o 4.1 20eats shall supply the Services to the Member in accordance with the
relevant Request provided that 20Eats shall not be required to provide or
facilitate the supply of goods and/or services that it deems at its sole
discretion may violate applicable laws, standards and/or regulations or may
offend taste and decency in the relevant jurisdiction.
o 4.2 20eats shall use its reasonable endeavors to meet any performance
dates specified, but any such dates shall be estimates only and time shall not
be of the essence for performance of the Services.
o 4.3 20Eats shall have the right to make any changes to the Services which
are necessary to comply with any applicable law or safety requirement, or
which do not materially affect the nature or quality of the Services, and
HauteDining shall notify the Member in any such event.
o 4.4Services will be provided in English (and in other languages depending on the
location of the HauteDining office during normal business hours).
o 4.5Telephone calls to 20Eats may be monitored or recorded for training
and quality control purposes.
o 4.6 20eats shall provide the Services using reasonable care and skill and,
as far as reasonably possible, in accordance with your Request and reasonable
instructions from time to time.
o 4.7Restaurants and clubs:
(a)When you use the restaurant booking service you hereby authorize us
to debit your Payment Card for any deposit paid by us on your behalf to
the restaurant which is forfeited as a result of your cancellation of the
(b)When you use the restaurant booking service you agree that where you
cancel a restaurant booking within 24 hours of the time the restaurant
reservation is made you shall be not be entitled to any refund of any
monies paid to secure the booking including the return of any booking
(c) 20Eats reserves the right to deny restaurant requests from
Members if Members repeatedly fail to honor their bookings or
continuously violate cancellation policies.
(d)Admission of Members to any club premises is at all times at the sole
discretion of the club Supplier and 20Eats shall have no liability
where a Member is refused admission to a club.
(a) 20Eats is engaged in the business of selling tickets to it’s events
either directly itself or through one of its ticket agent partners. Please
note that by purchasing tickets (even free events will be ticketed as to
keep the number of members at a reasonable level) through 20Eats
or its partners you are purchasing tickets for exclusive member only
events. From time to time 20Eats will produce events for non-
members but members will always be discounted or free and will always
be accommodated first.
(b)All ticket sales are final, no refunds or cancellations are issued after
you have purchased your tickets.
5. LIMITATION OF LIABILITY
o 5.1Nothing in these Conditions shall limit or exclude 20Eats’ liability for:
(a)death or personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors;
(b)fraud or fraudulent misrepresentation; or
(c)breach of the terms implied by section 2 of the Supply of Goods and
Services Act 1982 (title and quiet possession).
o 5.2Subject to clause 5.1:
(a) 20Eats shall not be liable to the Member, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, for any
loss of profits, loss of business, depletion of goodwill and/or similar
losses, loss of anticipated savings, loss of goods; or, loss of contract, or
loss of use or, loss of corruption of data or information whether direct or
indirect or, any special, indirect, consequential or pure economic loss,
costs, damages, charges or expenses arising under or in connection with
their Membership; and
(b) 20eats total liability to the Member in respect of all other
losses arising under or in connection with their Membership, whether in
contract, tort (including negligence), breach of statutory duty, or
otherwise, shall be limited to the total value of the Member’s annual
o 5.3 20Eats shall have no liability to you for any loss, damage, costs,
expenses or other claims for compensation arising from Requests or any
instructions supplied by you which are incomplete, incorrect or inaccurate or
arising from their late arrival or non-arrival, or any Member Default.
o 5.4 20Eats shall not be liable to you or be deemed to be in breach of these
Conditions by reason of any delay in performing, or any failure to perform, any
of HauteDining ‘s obligations in relation to the Services, if the delay or failure
was due to any cause beyond HauteDining ‘s reasonable control.
o 5.5Except as expressly set out in these Conditions, all warranties, conditions and
other terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from these Conditions.
o 5.6This clause 5 shall survive the termination of these Conditions.
6. COMMENCEMENT AND TERMINATION
o 6.1These Conditions shall take effect and be binding upon the Member and
20Eats LLC upon acceptance by 20Eats of your Membership
application. These Conditions shall be applicable for the duration of your
Membership and shall only cease to have an effect upon the expiry or termination
of your Membership. You agree that your only rights and remedies under
these Conditions shall be against HauteDining LLC and no other entity.
o 7.1Privacy and Data Protection The Services and your Membership are subject to
reference and set out at the following web
address: www.20eats.com/privacy which applies at all times in relation to
any data that we collect from you.
o 7.2Assignment and subcontracting:
(a) 20Eats may at any time assign, transfer, charge, subcontract or
deal in any other manner with all or any of its rights under these
Conditions and may subcontract or delegate in any manner any or all of
its obligations under these Conditions to any third party or agent.
(b)The Member shall not, without the prior written consent of
20Eats, assign, transfer, charge, subcontract or deal in any other
manner with all or any of its rights or obligations under these Conditions.
(a)A waiver of any right under these Conditions is only effective if it is in
writing and shall not be deemed to be a waiver of any subsequent breach
or default. No failure or delay by a party in exercising any right or remedy
under these Conditions or by law shall constitute a waiver of that or any
other right or remedy, nor preclude or restrict its further exercise. No
single or partial exercise of such right or remedy shall preclude or
restrict the further exercise of that or any other right or remedy.
(b)Unless specifically provided otherwise, rights arising under these
Conditions are cumulative and do not exclude rights provided by law.
(a)If a court or any other competent authority finds that any provision of
these Conditions (or part of any provision) is invalid, illegal or
unenforceable, that provision or part-provision shall, to the extent
required, be deemed deleted, and the validity and enforceability of the
other provisions of these Conditions shall not be affected.
(b)If any invalid, unenforceable or illegal provision of these Conditions
would be valid, enforceable and legal if some part of it were deleted, the
provision shall apply with the minimum modification necessary to make it
legal, valid and enforceable.
o 7.5Variation: 20Eats may vary these Conditions from time to time and will
notify you of any changes in a timely manner. Notification will be by some or
all of the following: 20eats Newsletter, the Website, by Email or by
phone. Your continued use of your Membership constitutes acceptance of
such variations to these Conditions.
o 7.6No partnership: Nothing in these Conditions is intended to, or shall be
deemed to, constitute a partnership or joint venture of any kind between any
of the parties, nor constitute any party the agent of another party for any
purpose. No party shall have authority to act as agent for or to bind, the other
party in any way.
o 7.7Third parties: A person who is not a party to these Conditions shall not have
any rights under or in connection with it.
o 7.8Governing law and jurisdiction: These Conditions, and any dispute or claim
arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims), shall be governed by, and
construed in accordance with, US law, and the parties irrevocably submit to the
exclusive jurisdiction of the State of Florida.