Terms & Conditions
1.1 Welcome to the website www.aroundthetable.cy (the “Website”). The company under the name “Mastercard Europe Greece Single-Member S.A.”, acting on behalf of “Mastercard Europe SA”, with registered office in Belgium (Chaussée de Tervuren 198A, B-1410 Waterloo) (“Mastercard”, the “Company”, “we”, “us”, “our”), provides its services exclusively to Mastercard cardholders within the framework of the Priceless programme. More specifically, through this Website, it offers Mastercard cardholders access to and the right to make reservations for culinary experiences and menus offered as part of the Around the Table culinary event, which are displayed and made available online either directly or indirectly through third-party partners of the Company (“Mastercard Providers”).
The Company’s partner Mastercard Providers include, by way of example, the Restaurants and the private company under the name FRMWRK EVENTS & EXPERIENCES I.K.E.; reservations for any participating user are made through the sales platform.
These Terms and Conditions (the “Terms”), together with the Privacy Policy and the Cookies Policy, as amended and in force from time to time, govern the use of the Website, its technology and the services provided through the Website (including, indicatively, restaurant reservations and reservations to participate in experiences) in connection with the Around the Table Event and forming part of the Company’s Priceless Programme (the “Services”). They also set out the terms and conditions under which you, in any capacity, including as a browser/visitor, user of the Services, consumer or purchaser (hereinafter the “user”, the “visitor”, the “consumer”, “you”, “your”), browse the Website and use its content and Services. By accessing/browsing the Website and/or using the Services (for example, by making a reservation), you acknowledge, confirm and fully and unconditionally accept that you have read, understood and agree to these Terms (including the Privacy Policy), which apply to all content of the Website, bind you on each visit to the Website, and constitute a binding agreement between you and Mastercard (the “Agreement”).
Please read these Terms carefully. If you do not accept and agree to these Terms and to our Privacy Policy and Cookies Policy, you are not entitled to browse, access or use the Website or the Services (including, indicatively, making a restaurant reservation), and you must therefore leave the Website and immediately discontinue use of its Services. Use of the Services is expressly conditional upon your consent to all the Terms of this Agreement, to the exclusion of all other terms. However, should you require any clarification or information regarding the Terms and Conditions, or should you have any disagreement, reservation or related query, you may contact us before taking any action on the Website, either by telephone at +30 2160042200 or by email at events@toposophy.com. The Company reserves the right, at any time, without cause and without prior notice to you, at its absolute discretion, to cancel, suspend or terminate the operation of the Website or certain Services. It is clarified that the Website, its content and structure, and the Services offered through the Website belong to, are operated by and are offered by the Company, and are provided solely for your personal, non-commercial (B2C) use in accordance with these Terms. The Website displays Services (for example, reservation services) provided by third-party partners of the Company, namely the Mastercard Providers (Restaurants and the reservation platform). Our relationship with the Mastercard Providers (including, indicatively, FRMWRK EVENTS & EXPERIENCES I.K.E. and the Reservation Platform) is governed by separate terms and conditions defining our commercial relationship with those Providers. Each Mastercard Provider acts in a professional capacity vis-à-vis the Company when making its product and/or service available to or through the Company, or when making the Company’s Services available, both in a business-to-business (B2B) relationship and in a business-to-consumer (B2C) relationship. Please note that Mastercard Providers may have, apply and/or require acceptance of their own terms and conditions and privacy policies concerning the use of, access to and consumption of the Services and/or their own services.
1.2 AMENDMENTS TO THE TERMS AND CONDITIONS
The Company reserves the right to unilaterally amend, update, delete, add to or restrict, in whole or in part: (a) these Terms and Conditions; (b) the Privacy Policy and Cookies Policy; (c) the Services provided; and (d) the technical specifications of the Website (hereinafter the “Changes”), at its absolute discretion and/or whenever any such Change is required by law, at any time and without prior notice to or consent from you, always within the framework of fair commercial practice and the limits imposed by law. If Changes are made to the Terms, we will post the Changes on the Website and indicate at the top of this page the date on which the Terms were last revised, as required by applicable law. Any action, use or transaction by you on the Website after the above Changes shall be deemed to constitute your unconditional acceptance of them.
1.3 PERSONAL DATA
Your privacy is important to us. For details, please refer to the Personal Data Protection Policy (Privacy Policy), which describes the personal data we collect from you, how we use it and the legal basis for processing it. By using the Services, you consent to the collection and use of your personal data as described in the Privacy Policy.
If you have any questions regarding the Terms or the Privacy Policy, you may contact us either by telephone at +30 2160042200 or by email at events@toposophy.com.
2.GENERAL TERMS OF USE OF THE WEBSITE
2.1 Access to and use of the Website and/or any Service provided through it are undertaken solely at your own risk and using your own technical means and equipment. To the extent possible, the Company has taken all necessary security measures to protect the Website against viruses and other malicious software and uses security systems to control access to the Website in order to prevent attacks and other unauthorised actions. However, it does not guarantee that the Website’s content is free from viruses, errors or other harmful elements and shall not be liable for any damage caused to the visitor’s/user’s equipment, software or files, or for any other damage that the visitor/user may suffer as a result of the foregoing.
Furthermore, in connection with access to/use of the Website in any manner, you:
(a) are solely responsible for having the necessary equipment (for example, a personal computer or mobile phone), software, telecommunications equipment and any service required to access the Website. You are also responsible for protecting your system against viruses and other malicious software.
(b) are solely and exclusively responsible for the lawful use of the Website and must refrain from any unlawful act or abusive conduct, as well as from adopting unlawful practices or unfair competition practices. You must comply with the rules and provisions of Greek, European and international law and the relevant legislation governing telecommunications, and refrain from any unlawful or abusive conduct that may affect other visitors/users or cause damage to or malfunction of the Website and, consequently, the Company.
(c) undertake not to engage in any false or fraudulent activity when using the Services (for example, reservations). If we reasonably believe that you have engaged in such activity (for example, that you submitted such a reservation through a Mastercard Provider), we have the right to take any action necessary to reverse it (for example, to cancel the reservation or instruct the Mastercard Provider to cancel it).
(d) are solely responsible for the lawfulness and accuracy of the Information, Data and details you provide to the Website and to the Mastercard Providers, which the Company has neither responsibility nor obligation to verify, unless required to do so following a complaint or pursuant to law.
(e) have no right to resell, deep-link to, use, copy, monitor (for example, by means of spidering or scraping programs), display, download or reproduce any content or information, software, reservations, Tickets, products or Services available on the Website for any commercial or competitive activity or purpose.
(f) are prohibited from using the Website and its Services to send by any means, publish or transmit any content that is unlawful, threatening, offensive, defamatory, immoral, vulgar or obscene, promotes or expresses racial, ethnic or other discrimination, or may cause harm to third parties in any manner.
(g) are prohibited from taking any action or making any omission that: (a) infringes any patent, trademark, trade secret, copyright or other proprietary right of either the Company or any third party; or (b) contains viruses or other software capable of interrupting, damaging, destroying or obstructing the operation of any software, harming the reputation and standing of the Company, the Mastercard Providers, its partners and/or other users/consumers, or violating any personal or other data of the Website’s users/consumers.
(h) are prohibited from: (a) accessing or attempting to access information and data (including personal data) transmitted through the Website where you have no authorisation or authority to use such information or data; (b) accessing the Website for the purpose of creating or producing a product or service that competes with our products; (c) facilitating, by any means or in any manner, access by third parties to data provided to the Website by its users; and (d) engaging in any form of software piracy, hacking and/or interception, copying, analogue/digital recording and mechanical reproduction, distribution, transfer, downloading, alteration, resale or creation of derivative works from data (including personal data) and information, including the Website’s content and materials (photographs, graphics, texts, etc.).
(i) are prohibited from obstructing the operation of the Website in any manner or from unlawfully or without authorisation modifying its content. You must not, by any means or in any manner, cause criminal acts to be committed on the Website or against third parties through the Website, or infringe the rights of the Company, other users and/or third parties. This includes the prohibition on sending spam or other material harmful to our interests or to the interests of other users and/or third parties.
(j) expressly and unconditionally declare that you are of an age that permits you to be bound by the Terms regarding use of the Services and that you have full legal capacity to enter into binding agreements.
(k) must indemnify the Company if the Company becomes involved in any dispute or is required to pay any form of compensation to third parties for reasons attributable to your breach of your obligations as a user.
2.2 Although the Company provides no guarantee and therefore assumes no liability, it makes every possible effort to ensure that the information included on the Website is complete, accurate, up to date and clear. However, under no circumstances, including negligence, shall the Company be liable for errors, omissions or any deficiencies in the information, for delays, interruptions or failure to transmit information, or for any damage caused to a visitor/user through use of such information. The Website’s content does not constitute financial, legal or other advice, encouragement or an invitation to carry out any investment or other act, and the Company bears no responsibility for use of the Website by visitors/users, who act according to their own independent judgment. See also Clause 4 of these Terms.
2.3 ADVERTISING
The Company reserves the right to advertise on various websites of its choice on the internet and to use partners or third-party advertising companies, as applicable. Cookies are used when such advertisements are displayed, but data that personally identifies users is not used. Further information is available in the Cookies Policy. Our Company reserves the right to display third-party advertisements through the Website. Advertisements may contain external links to third-party websites. Under no circumstances can or is the Company required to review such external links, and the user/visitor accesses them solely at their own risk. The Company takes every appropriate measure to verify that advertisements and their content comply with the law, do not infringe third-party rights, and are not offensive, false, fraudulent or misleading. It prohibits advertisements on the Website whose subject matter or content is abusive, threatening, pornographic, contains nudity, weapons, explosives, viruses or other inappropriate programs, pyramid schemes, unlawful activities or any other content deemed inappropriate at the Company’s absolute discretion. However, no advertisement may imply that it is supported or approved by, or made in cooperation with, the Company. In addition, all appropriate measures are taken to identify advertisements that violate the foregoing or are contrary to law; nevertheless, we do not guarantee the suitability or lawfulness of such advertisements, and the Company may at any time remove any advertisement from the Website for any reason it considers appropriate.
2.4 EXTERNAL LINKS
The Website may contain links, hyperlinks or banners to websites maintained by third parties whose information and data-protection practices differ from those of the Website. Neither the Website nor the Company bears any responsibility for the information, content or data-protection practices used on third-party websites. Before using other websites, you are advised to read and understand their terms of use and privacy policies. The Company does not guarantee availability and is not responsible for the lawfulness, completeness, timeliness or accuracy of information, or for the quality and characteristics of products or services, content or personal-data-protection policies of other websites to which the Website may refer through links, hyperlinks or advertising banners. Under no circumstances should the Company be deemed to endorse or accept the content or services of the pages to which it refers, or to be connected with them in any other manner. References to other websites are provided solely for the convenience of visitors/users, at the initiative and responsibility of the advertiser, and under no circumstances create any form of commitment or guarantee or constitute encouragement or endorsement by the Company to visit them, whether in relation to their content or to the quality of the advertised services.
2.5 SOCIAL MEDIA
Visitors/users may follow the Company through pages that the Company maintains or may create on Facebook, Instagram, Twitter, Pinterest, YouTube and/or any other social-media service currently existing or created in the future in relation to the Around the Table Event and the Priceless Programme (hereinafter “Social Media”), in order to receive news, comment and participate in special promotional activities concerning the Around the Table Event and the Priceless Programme. Any products or services we offer through Social Media, and all information communicated, submitted or offered through Social Media accounts for the Around the Table Event and the Priceless Programme, shall be subject to these Terms unless otherwise stated in the terms of use of the relevant Social Media. In addition, your interaction with Social Media may permit access to and connection with your personal Social Media accounts. We have no access to such accounts and do not control those services; consequently, we are not responsible for the acts and/or omissions of social-networking service providers. For this reason, we recommend that you carefully read the terms of use of those social networks. The Priceless Programme is not sponsored, supported or conducted by any social-media service and is not associated with any social-media service in any manner. Accordingly, social-media services bear no responsibility for any claim or demand by a participant or any third party arising from or in connection with the Around the Table Event and the Priceless Programme.
3.SPECIAL TERMS FOR RESERVATIONS FOR SERVICES ON THE WEBSITE
3.1 Through the Website, the Company and its partner Mastercard Providers (for example, Restaurants) display menus and culinary experiences relating to the Around the Table Event and forming part of the Priceless Programme, through which the Services (food and beverages) are provided and for which reservations are made through the Mastercard Provider – Sales Platform. The Website operates exclusively by providing display and advertising services for those Mastercard Providers. The Company does not resell, sell, rent or offer any product or service through the Website, and its activity is limited to displaying Mastercard Providers so that users/visitors may obtain information about the menus and culinary experiences relating to the Around the Table Event and forming part of the Priceless Programme. Each Mastercard Provider displaying menus and culinary experiences through the Website remains at all times responsible for the accuracy, completeness and correctness of the descriptive information appearing on the Website and the partner reservation platform. The following Restaurant Reservation Terms supplement the General Terms of Use of the Website:
(a) By making a reservation with any Mastercard Provider – Restaurant displayed on the Website, you agree to be bound by the terms and conditions set out herein.
(b) To make a reservation through the Website, the user must be a Mastercard cardholder.
(c) To make a reservation through the Website, the user: (i) selects the restaurant; (ii) selects the number of persons included in the reservation; (iii) selects the reservation date; (iv) selects an available arrival time; (v) is authenticated through the Website as a Mastercard cardholder by entering certain digits from their card, thereby confirming that they are eligible to use the Website’s Services; and (vi) enters the required personal details: first name, surname, email address and telephone number.
(d) Availability for reservations is determined exclusively by the Mastercard Provider – Restaurant through the e-table platform and its relevant availability and reservation-setting and management service. The Company assumes no related obligation.
(e) After making a reservation and until one (1) hour before the reservation time, the user has the right to cancel the reservation.
(f) For any change or amendment to a reservation (other than cancellation), the user must contact the Mastercard Provider – Restaurant directly. The Mastercard Provider – Restaurant reserves the right, at its discretion, to refuse the requested change or amendment, in which case either the reservation will remain as originally submitted or it will be cancelled, at the user’s absolute discretion.
(g) The Company and/or the Mastercard Provider – Restaurant may cancel any user’s reservation for a substantiated reason or due to force majeure. In that event, the user will be informed, using the contact details provided on the Website, within a reasonable period before the reservation date and time, and shall have no right, claim or demand against the Company and/or the Mastercard Provider as a result of the cancellation.
(h) If the reservation holder and the other persons included in the reservation do not appear at the Restaurant within half an hour of the scheduled arrival date and time, without a timely amendment or cancellation of the reservation in accordance with these Terms, this shall be deemed a No-Show Incident, and the Mastercard Provider – Restaurant may dispose of the reserved table at its absolute discretion. Furthermore, the Company and/or the Mastercard Provider – Restaurant may refuse to accept reservations from a particular user if that person has exceeded the maximum number of No-Show Incidents provided for in the policy of the relevant Restaurant or as determined by the Company and/or the Mastercard Provider.
(i) It is expressly agreed that if the user who made the reservation: (a) arrives at the Restaurant more than half an hour after the scheduled Reservation Time (a Late Arrival Incident); and/or (b) arrives at the Restaurant on time but with a greater number of persons than stated in the reservation (Reserved Persons), the Restaurant may, at its discretion, refuse to provide the service resulting from the reservation.
(j) A valid reservation confers the right on its holder to receive the stated Services (including, indicatively, food/beverages at a Restaurant) on the relevant date and at the relevant times stated in the reservation, provided that the holder accepts and complies with the operating rules of the premises at which the Services are provided (including, indicatively, a Restaurant’s operating rules). Before making a reservation and arriving at a Restaurant, you are advised to obtain information about that Restaurant’s operating rules. A user’s reservation with any Mastercard Provider displayed on the Website constitutes unconditional acceptance of these Terms and of the operating rules of the Restaurants and/or facilities at which the Services are offered.
(k) For security reasons and in connection with provision of the Services, the Company and the Mastercard Providers – Restaurants may require the reservation holder to present any evidence proving that the reservation was made (including, indicatively, a copy of an identity card or another identity document). Failure to present such evidence may result in the Mastercard Provider refusing to provide the Service.
(l) The Company and the third parties cooperating with it (including, indicatively, Restaurants) reserve the right to refuse to provide the Services to any reservation holder for a substantiated reason. The Company, the Mastercard Providers – Restaurants, their personnel or agents, or third parties cooperating with them may prohibit entry, remove from the place where the Services are provided or discontinue the Reservation Service in respect of any person who is under the influence of drugs or excessive alcohol consumption; carries flammable materials or dangerous objects; fails to comply with the operating rules of the premises or applicable health protocols; or fails to observe standards of social courtesy and causes any disturbance at the premises, as reasonably determined by the Mastercard Provider. Depending on the circumstances, they may call the police authorities.
(m) It is the reservation holder’s responsibility to check their reservation and the times and dates on which the Services are to be provided.
(n) The Services and/or reservations may not be used as prizes in competitions without the Company’s prior written consent. Reservation holders may only be natural persons who will participate in the Around the Table Event and use the Priceless Programme for their personal use.
(o) All rights in audio and moving or still images, including, without limitation, internet rights, belong exclusively to the Company, and any material filmed or recorded during provision of the Reservation Services may be used by users only for personal and non-profit purposes. By participating in the provision of the Services, reservation holders agree that they may be photographed, filmed or otherwise recorded as guests attending the place where the Service is provided, and that their image or voice may be included in any content resulting from such filming, video recording, photography and/or audio recording, including edited content. Content from the foregoing recording media may be communicated and/or made available for commercial purposes in any media worldwide and indefinitely, without reservation holders having any claim or demand against the company carrying out the filming/recording with the Company’s approval, or against the Company and its partners, and without any obligation to inform the Ticket holder or any right to remuneration or other compensation. You expressly declare that you agree, acknowledge and accept that the foregoing does not infringe your personality rights or any of your other rights and, in any event, you waive any related claim or objection. You also give the Company (as Data Controller) and its partners (Mastercard Providers) (as Data Processors) your consent to collect, retain, store and generally process your personal data disclosed through your participation in provision of the Service during your filming and/or photography, to use such material for advertising purposes and to display it through the media referred to above. For further information, please also see the Privacy Policy.
(p) It is expressly clarified that by accepting these Terms, you acknowledge that force majeure includes the legal meaning and interpretation of that term, as well as the following events: fire, earthquake, flood, hurricane, tornado, extreme weather conditions, epidemic, pandemic, accident, explosion, accidental loss, strike, lockout, riot, civil unrest, acts and events constituting a public danger, elections, trade embargo, material disruption to air or other travel services, travel advisories, termination of the lease agreement for the premises where the Services are provided, withdrawal of administrative licences for the premises where the Services are provided, act of God or any other event requiring cancellation or postponement of the reservation in whole or in part, enactment of any law or decree by any lawfully constituted authority or issuance of any executive or judicial order, terrorist act or threat, war or armed conflict (whether or not the existence of a state of war has been formally declared), invasion, occupation or military intervention.
(q) The Company, the Mastercard Providers, their personnel or agents and/or third parties cooperating with them shall not be liable for disputes between reservation holders, injury to a reservation holder, or any damage to or loss of reservation holders’ personal belongings occurring during provision of the reservation services.
(r) The Company bears no liability for any financial or other loss suffered by the user if, for any reason, the user did not receive confirmation of the reservation.
3.2 The prices for Services displayed on the Website, as provided by the Mastercard Providers – Restaurants, are fixed and preferential and are addressed exclusively to Mastercard cardholders for specific menus and Services during a specific period. The price of the reservation Services shall be paid directly to the Restaurant using a Mastercard card. It is noted that, when making any reservation, you are not charged any additional fees by the Website or the Reservation Platform in addition to the stated price.
3.3 You hereby agree that, for all reservations you make, you will take into account the circumstances relating to COVID-19 and the relevant government measures, and you acknowledge that the effects of any possible renewed spread of COVID-19 can no longer be considered unforeseeable or unexpected by consumers. However, the Mastercard Provider has the right to cancel or amend your reservation, in whole or in part and without liability, in the event of changes attributable to COVID-19.
3.4 For any information or clarification regarding the making of a reservation, availability or the type of Services offered through the Website by the Mastercard Providers – Restaurants, you may contact the Mastercard Provider – Reservation Platform by telephone at 211-311-5555 (Monday to Sunday, 11:00–23:00, charged at local rates).
4.LIMITATION OF WARRANTIES – COMPANY LIABILITY – INDEMNIFICATION
4.1 The Company always acts in good faith and within the framework of the law and these Terms. Accordingly, it has taken and continues uninterruptedly to take all necessary technical and other measures and makes every possible effort to ensure that: (a) the Website operates continuously and properly, without problems, interruptions, delays, errors or faults; (b) the data/information provided and transmitted through the Website are not altered and are protected through the creation of backup copies, insofar as the Website’s security systems are subject to limitations; and (c) the technology used by the Company or the servers through which the Website is made available to Users do not contain viruses or other harmful components or software programs. Nevertheless, the Company PROVIDES NO WARRANTIES regarding any of the foregoing or the Services offered and is not obliged to compensate you if you suffer any damage for the above reasons.
4.2 In addition, the Company provides no warranty: (a) as to the suitability, effectiveness or adequacy of the Website’s Services for the purpose for which you intend to use them; (b) as to the correct and proper performance of the contractual obligations of other Users of the Website; or (c) as to the effectiveness, suitability or adequacy of the Services offered through the Website by Mastercard Providers.
We make reasonable efforts to maintain the Website’s content and keep it available. Nevertheless, users accept that the Company is entitled to modify and/or temporarily or permanently discontinue all or part of the Website, with or without notice to users, as availability may be affected by users’ equipment, other communications networks, the large number of persons attempting to use the Website simultaneously or other causes. Accordingly, the Company bears no liability for damage of any kind (actual, consequential, negligent, contractual or otherwise) arising from users’ inability to access the Website, discontinuation of all or parts of it, delay, non-delivery, interruption or poor quality in receiving its services, loss of its content, or the existence of errors of any kind.
The Company shall not be liable for technical problems that users may encounter when attempting to access the Website or during such access, where those problems relate to the operation or compatibility of their own infrastructure with use of the Website. The Company shall also have no liability for acts or omissions of third parties, and in particular unauthorised interference by third parties with products and/or services and/or information made available through the Website.
In addition to the matters expressly stated herein, the Company bears no civil, criminal or other liability towards you and/or any third party deriving rights through you if any of the foregoing suffers, while using the online services and/or products of this Website, any direct, indirect, incidental, consequential, financial or other loss, including loss of profit, attributable to: (a) errors, omissions, technical freezes, failures or malfunctions of telecommunications networks, the internet, the Website or Internet Service Providers; (b) permanent or temporary interruption of the Website or certain of its services and/or discontinuation of the provision of certain products through the Website; (c) events, circumstances, actions, acts and/or omissions of the Company or third parties, including other Users and Mastercard Providers, in respect of which the Company gives no warranties and bears no obligation under these Terms; (d) events, circumstances, actions, acts and/or omissions of Mastercard Providers (including, indicatively, Restaurants and the Reservation Platform) and the Services they make available through the Website; or (e) information and other content that may be published and communicated by third parties.
Under no circumstances shall the Company be liable for your communications with third-party service providers and Mastercard Providers that advertise, are advertised on, or display their Services on the Website, or for any commercial transaction that may arise from your relationship with them. It also bears no liability for defective third-party products or Services.
The Company is entitled to exclude a user temporarily or permanently at any time and without stating reasons, namely to cancel/delete/block access, temporarily and/or permanently, without any claims arising against the Company. The foregoing applies in particular, but not exclusively, if the user breaches the terms of use, all of which are acknowledged and agreed by the user to be material; following a request from any Authority or Court; or following a complaint against the user by a third-party rights holder. The Company reserves the right, at any time, without cause and without liability, to interrupt or cease provision of the Website’s Services and/or permanently or temporarily discontinue its operation, without any obligation to notify users in advance.
The Company is liable only for direct damage arising from its wilful misconduct or gross negligence that you, as a user, have suffered, paid or caused due to inadequate performance of our obligations in connection with provision of our Services. Subject to mandatory provisions of law, the liability of the Company, our employees, directors, agents, subsidiaries, distributors, affiliates, franchisees, representatives or any other persons involved in creating, sponsoring, promoting or otherwise providing the Website and its content is fully and expressly excluded for: (i) direct damage caused by ordinary negligence, regardless of the legal basis; (ii) any punitive, special, indirect or consequential damage or loss, any loss of production, profit, revenue or contract, any loss of or damage to goodwill or reputation, or loss of a right to compensation; (iii) any ambiguity concerning information or descriptions of Mastercard Providers, including prices, availability and ratings, provided on the Website; (iv) Services or products offered by Mastercard Providers or other business partners/advertisers on the Website; (v) any direct, indirect, consequential or punitive damage, loss or charge suffered, paid or caused by you under, following or in connection with use of, inability to use or delay in using the Website; or (vi) any personal injury, death, damage to personal property or other direct, indirect, special, consequential or punitive damage, loss or charge suffered, paid or caused by you as a result of legal acts, errors, breaches, gross negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or liability attributable, wholly or partly, to a Mastercard Provider or any of our other business partners, including their employees, management, officers, representatives, agents or affiliated companies, whose products or services are provided, offered or promoted, directly or indirectly, on or through the Website, including any partial cancellation, overbooking, strike, force majeure or any other event beyond our control.
The Company shall not be liable, and disclaims all liability, for the use, validity, quality, suitability or timely updating of information relating to Mastercard Providers’ Services, and makes no commitment, representation or warranty of any kind, whether implied, statutory or otherwise, including any implied warranty of merchantability, title, non-infringement or fitness for a particular purpose. You accept and agree that each Mastercard Provider is solely responsible and assumes all liability for the Services for which a reservation is made, including any warranties and representations on its part. You agree and accept that the Mastercard Provider is at all times responsible for collecting, withholding, reporting and paying to the competent tax authorities the applicable taxes on the total price of its Services. The Company bears no responsibility for and has no involvement in reporting, collecting, withholding or paying to the competent tax authorities the relevant taxes included in the price of the Mastercard Provider’s Services.
By uploading photographs/images to our system and to the Website’s social media (for example, by adding them to a comment), you certify, warrant and agree that you own the copyright in those photographs/images and agree that the Company may use photographs/images you upload to the Website’s social media at its discretion. You grant the Company a non-exclusive, worldwide, irrevocable, perpetual and unconditional right and licence to use, reproduce, display, distribute, sublicense, communicate and make available the photographs/images at its discretion. By uploading such photographs/images, the person uploading them assumes full legal and ethical responsibility for any legal claim by third parties arising from publication and use of those photographs/images.
4.3 You agree to indemnify the Company and any third party deriving rights through it (including partners, employees, officers, suppliers, agents and representatives of the Company and its partners) for any damage, loss or expense they may suffer as a result of: (a) your breach of these Terms governing use of the Website and the Services provided through it; (b) your failure to comply with these Terms; (c) your breach of applicable law; (d) your infringement of any third party’s personal-data-protection rights; or (e) your infringement of the Company’s intellectual-property rights. All limitations of liability set out herein apply in full as valid and consistent with good faith and fair commercial practice, and Users consent to those exclusions and limitations.
5.INTELLECTUAL PROPERTY RIGHTS
All content of this Website, including images, graphics, photographs, designs, texts, services provided and products, constitutes the intellectual property of the Company and/or the Mastercard Providers, as applicable, and is protected under the relevant provisions of Greek law, European law and international conventions and treaties. The Company exclusively retains ownership of all rights, title and interest, including all intellectual-property rights, in the look and feel of the Website, including its infrastructure, through which the Services are made available. Any copying, analogue/digital recording, mechanical reproduction, distribution, transfer, downloading, alteration or resale of part or all of the Website’s content for any purpose other than strictly personal use is prohibited unless our written consent has been granted.
The names, images, logos and distinctive signs representing the Company and its products/services, as well as the products/services displayed on the Website and/or third parties contracted with us and their products or services, including those of Mastercard Providers, are the exclusive trademarks and distinctive signs of our Company and/or those third parties, respectively, and are protected by Greek, European Union and international laws on trademarks, industrial and intellectual property and unfair competition.
Under no circumstances should their appearance and display on the Website be construed as a transfer or grant to you or any third party of a licence or right to use them.
Under these Terms, we grant you a limited and non-transferable licence to access and personally use this Website, but not a licence to download all or part of its content or code, except with our express written permission. This licence does not permit any resale or commercial use of this Website or its content, collection and use of our catalogues, products or commercial policy (discounts, coupons, etc.), data mining, or similar activity. You are entitled to use the foregoing solely for your personal use.
You may not use linking or framing of the Website without our written consent. You may not use any meta tags or other hidden text based on our Company’s names or trademarks without our express written consent. In the event of unauthorised use, any licence that may have been granted shall cease to be valid. The same applies to any use of our Company’s logos and trademarks.
Any unlawful use or any of the foregoing acts or conduct shall constitute an infringement of our intellectual-property rights, including copyright and database rights.
6.FINAL PROVISIONS
6.1 If, at any time during the period of operation of the Around the Table Event forming part of the Priceless Programme, we fail to insist on strict performance by you of any of your obligations under these Terms and/or fail to exercise any right or remedy to which we are entitled under these Terms, this shall not constitute a waiver or limitation of those rights and remedies and shall not release you from the obligation to comply with those obligations. Our waiver of any individual claim shall not constitute a waiver of any similar future claim. No waiver by us of any of these Terms or of any right or remedy available to us shall be considered valid unless it is expressly stated to be a waiver and is communicated to you in writing.
6.2 If any competent authority determines that any of these Terms are invalid, unlawful or unenforceable to any extent, the relevant terms or provisions shall, to that extent, be severed from the remaining terms and provisions, which shall continue to apply to the maximum extent permitted by law.
6.3 These Terms constitute the final and sole terms in force concerning provision of the Service by the Company to the user and supersede any previously applicable terms, prior agreements and arrangements, whether written or oral, between the Company and the User concerning use of the Service.
6.4 In relation to any dispute between the parties concerning the application, interpretation or invalidity of these Terms, or the existence or absence of the parties’ contractual or tortious rights and obligations, an effort shall be made to resolve the dispute amicably. In all cases, these Terms shall be interpreted in accordance with Greek law and, if the dispute is not resolved amicably, it shall be subject to the exclusive jurisdiction of the courts of the city of Athens having subject-matter jurisdiction. In any event, if you, as a user, believe that your rights have been infringed, you may submit your complaint to us by email at events@toposophy.com with a view to reaching an out-of-court settlement.