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

permitted assigns;

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

changes.

o 2.3 20eats will issue you with a Membership Card together with associated

Membership documentation as soon as possible following receipt of your

Membership Fee.

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

password.

o 2.6We will take all steps reasonably necessary to ensure that your data is treated

securely and in accordance with the 20eats privacy policy, further details

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

business with.

3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND

RENEWALS

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

Membership.

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

booking.

(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

deposit.

(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.

o 4.8Events:

(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

Membership Fee.

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.

7. GENERAL

o 7.1Privacy and Data Protection The Services and your Membership are subject to

the 20Eats privacy policy, incorporated into these Conditions by

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.

o 7.3Waiver:

(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.

o 7.4Severance:

(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.

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