Bookia is provided as a service of Get Hitched Inc Ltd. For the purposes hereof, Bookia and Get Hitched Inc Ltd are collectively referred to as the “Company” or “Bookia”.
The Company provides an online web application for restaurant owners who have registered with and pay a booking fee or service charge per person, per confirmed booking (each, a “Restaurant”) and to provide restaurant consumers (each, a “Guest”) with a fast, friendly way to search and reserve tables at restaurants from a web-enabled device. The Company does not sell any products and is not a party to any transaction or any agreement a Guest may make with a Restaurant with regard to any food, product or service offered by such Restaurant.
To access certain functions of the website, you must register as a unique user by using the Facebook or Gmail sign in features. You also have to give us certain registration information such as your Mobile contact number, all of which must be accurate and updated. You may not (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorisation; or (iii) use a User ID that the Company, in its sole discretion, deems offensive. Failure to provide any requested information may delay or prevent the creation of an Account. You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the website and your use of services available on the website do not violate any applicable law or regulation; (d) you are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You shall be responsible for maintaining the confidentiality of your password.
You shall notify the Company of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or other information.
You are responsible for maintaining the security of your password. The Company is not liable for any loss that you may suffer through the use of your password by others. You agree to notify the Company immediately of any unauthorised use of your Account or of any other breach of security known to you with respect to the WebSites or your Account. You agree to report any violations of this Agreement by others to the Company.
The Company does not warrant that products or descriptions, or any other content of the website is accurate, complete, reliable, current or error-free. Website content is provided for informational purposes only and the Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the website.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts on Bookia or any Restaurant on the website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the food, products or services provided to you by a Restaurant.
Any information on the website can change without notice.
Bookia assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, a Restaurant’s knowledge (or lack thereof) of any Guest’s food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest’s or any employee’s behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Bookia may send email or SMS confirmations on behalf of restaurants to confirm or follow up on reservations or to request a review or follow up feedback. Bookia has the right to append at the bottom of any such email confirmations, and you consent to the placement of, a small branded advertising logo (hyper-linked) promoting Bookia or a Bookia partner business or website.
The Services may permit Guests to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g. foreign objects in food, food poisoning, etc.). Guests may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Bookia reserves the right (but has no obligation) to monitor, remove, or edit User Content in Bookia’s sole discretion, including if User Content violates any Bookia Policies, but please note that Bookia may or may not regularly review submitted User Content. Bookia takes no responsibility and assumes no liability for any User Content submitted by any User or third party.
The website may provide links to third-party web sites (“Third-Party Websites”). This Terms of Service Agreement governs only these websites and not any Third-Party Websites. The Company’s decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website. The Company may not own or operate the Third-Party Website, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The Company expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Websites. If you decide to access linked Third-Party Websites, you do so at your own risk.
The Company reserves the right and the Users agree that any information in an Account designated as “Public” may be used by the Company for promotional uses. External search engines may also index such Public information.
Use of an Account does not grant a User a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account; remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User’s business or personal purposes only, as the case may be, and a User shall not use the Account or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a User’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
The Users acknowledge and agree that any and all Company or Restaurant names and logos related to the Account and the Company or Restaurant and all related product and service names, design marks and slogans, are the property of the Company, the Restaurant or their affiliates or suppliers, as the case may be (collectively, the “Marks”). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Restaurant. The Users have no title or ownership in the Account, the Software or the Marks (other than their own Marks) and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company, the Restaurant or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). The User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.
By registering an Account, each Restaurant agrees and grants the Company the right to use for these websites and other related purposes, all images, logos, content and other information that may be found on the Restaurant’s own web sites.
Payment for Restaurant Bookings; Modifications to the Service and Prices The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice. Each restaurant will be invoiced by the Company on a monthly basis. Each restaurant is charged per person, per confirmed booking. Restaurants are not charged for Rejected Bookings, Cancelled Bookings or No-Shows. Payment arrangements must be made in advance between the Restaurant and an authorised Company representative. All fees paid to the Company for use of an Account are non-refundable.
The Restaurant may be charged a fee for setup or custom developmentat a regularly recurring monthly billing cycle. All fees are subject to change without notice. The Restaurant is responsible for reviewing the Pricing Schedule and remaining aware of the fees charged by the Company. Unless a cancellation notice is received by the Company in writing prior to the start of the next billing cycle of the Account, an Account will continue to remain active to receive bookings and to be billed for these bookings accordingly. By agreeing to these Terms of Service, the User authorises the Company to charge the booking fee amounts for the Account on the relevant anniversary date in advance of each monthly billing cycle, or the next business day available.
In the event that the fees the Restaurant owes the Company are not paid in full and on time as per the agreed monthly billing cycle, the Company reserves the right to levy an administration fee / late penalty fee. In instances such as above, the Company reserves the right to immediately disable an account until the administration fee is paid and the recurring charge facility is re-enabled.
The Company, in its sole discretion, has the right to suspend or terminate any User’s Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms of Service. Such a termination of a User’s Account will result in the forfeiture and relinquishment of all content in said Account.
Users may cancel their Accounts at any time by submitting a request in writing to [email protected] - 30 days notice is required when cancelling. Accounts will be charged the pending balance of any bookings received during the period since the last payment. The Company may delete any of a User’s archived data within thirty (30) days after the date of termination.
All Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a User’s use of the Sites, the User’s violation of this Agreement, or the User’s infringement of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
Under no circumstances will the company will liable for any injuries, death, loss or damage caused by your use of the site, including any software, materials, content, food, products and/or services provided or use or reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of this site and the resources, materials, content and software provided therein. In no event shall the company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the site or this agreement, whether based on warranty, contract or any other legal theory. Your sole remedy for dissatisfaction with this website is to stop using this website.
You acknowledge and agree that this site is provided on an “As Is” and “As Available” basis. None of the company, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “Company parties” guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of this site. None of the company parties warrant that this website will be uninterrupted or error-free, that any specific information that is requested will be provided or that this site or its server(s) are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this site and the accuracy, timeliness or completeness of the content or services is assumed solely by you.
None of the company parties make any, and hereby specifically disclaim any and all, representations, endorsements, guarantees and warranties, express or implied, regarding this site and any of the information, software and other materials therein, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.
You understand and agree that any content, software, materials and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, materials and/or data.
The Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of the Users’ transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users’ Accounts; or (vi) any other matter relating to the Accounts. In the event that notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for his/her/its Account.
Your rights and obligations under these Terms may not be transferred or assigned, whether in whole or in part.
Any notices required to be given must be given in writing, including via email, to The Meadows 2, Triq MRO Frank Galea, Haz-Zebbug ZBG, 9060 and to [email protected] We may give notice to you at the email or postal addresses provided to us by you in your registration, as updated by you from time to time.
Failure to enforce our rights under these Terms shall not result in a waiver of our rights.
Should any of these Terms be found to be invalid or unenforceable, all other provisions shall be unaffected.
These Terms may not be varied in any way without our express consent in writing. These Terms do not purport or intend to create any agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship.
All and any headings used shall be for references purposes only and shall in no way define, limit, construe or describe the scope or extent of any Section.
These Terms and any document expressly referred to in them shall represent the entire agreement between us.
All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
For further information about these Terms, please contact us at [email protected]Go To Home Page