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Terms and Conditions & Personal Data Protection
Version 1.0

The services included in Eatsighting.com are provided by CNK Trade S.r.l.s. whose legal head office is located in Rome at Via Battista Bardanzellu n° 77/N, VAT registration number 13632091008. CNK Trade S.r.l.s. will be indicated from now on, for ease of reference, as: CNK Eatsighting.com offers a list of services for companies operating as food suppliers and for Consumers looking up for Restaurants. These services are subordinate to unconditional acceptance of the general conditions reported hereunder. Eatsighting reserves the right to modify the present general conditions and both Users and Restaurant Owners are required to visit regularly the website http://www.eatsighting.com/notelegali where an updated version of the legal conditions will constantly be displayed. Eatsighting may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of Eatsighting, in which case you will no longer have access to your Account.

Description of the Service

Restaurant Reservations

Eatsighting.com, through the website www.eatsighting.com offers an online Restaurant table-search platform to promote selected Restaurants and concurrently allows Consumers, once they connect to Eatsighting.com , to retrieve information about restaurants, to make reservations, and to pay for the services required.
By making a reservation, a legally binding agreement is established between the User and the Restaurant to whom the reservation has been processed.
From the moment of the reservation, Eatsighting becomes the mediator between the User and the Restaurant.
By giving this service, Eatsighting only divulges the data provided by the Restaurants who are and remain accountable for what concerns the updating of the prices, of the availability and of the other information displayed on the platform at www.eatsighting.com . Each Restaurant remains responsible at all times for the accuracy and the completeness of the provided information.
The commission paid by the User on the reservation made will be returned only if the reservation is revoked prior to 7 (seven) hours of the scheduled time. After this deadline, the reservation will be considered confirmed and it will not be possible to regain the deposit anymore. E.g. Table Reservation at 09:00 pm. Deadline time for cancellation 02:00 pm of the same day.
The before-seven-hours policy for cancellation of a reservation is established by Eatsighting as a norm. Restaurants may decide different deadlines according to their own policy in matter of cancellations and these different deadlines will be notified to Users on the website at the moment of selection of the Restaurants and by e-mail when the reservation-voucher is issued.
The Restaurants are compelled to keep the reservation up to 30 minutes after the scheduled time. After this time, the reservation will be considered void without any responsibility for the Restaurants.

No-Show Policy

Eatsighting is committed to provide superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their Owners, Users must cancel any reservations that they will be unable to honour before 7 (seven) hours of the reservation time . Restaurants may decide different deadlines according to their own policy in matter of cancellations and these different deadlines will be notified to Users on the website at the moment of selection of the Restaurants and by e-mail when the reservation-voucher is issued.
Cancellations of reservations may be realised via website at www.eatsighting.com or by calling the Restaurant directly. The Restaurants, once received a call for cancellation shall promptly notify to Eatsighting about the cancellation. In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information.

Payment Method Information

In order to use the Payment Services, you must provide account information for at least one valid debit or credit card or other payment method to Eatsighting. Eatsighting will use this payment method account information as described in our privacy policy section of these terms. You may add, delete, and edit the payment method account information you have provided from time to time directly through Eatsighting website. If you provide account information in such manner for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your Restaurant bill.

To confirm that the payment method information you have provided to Eatsighting is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information to Eatsighting or when you make a reservation and opt in to use the payment services. To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party service providers to process payments, manage debit and credit card information and detect and prevent fraud.

By providing debit or credit card account information to Eatsighting, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account to Eatsighting, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

Receipts and Transaction History

As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts. If you would like a paper receipt, you must request one from the Restaurant at the time of the fruition.
All the invoicings From eatsighting.com will be released within 48 hours from the moment of the payments.
The voucher issued from Eatsighting.com and received on Users’ e-mail box after making a reservation is to be cosidered as a proper invoicing.

Certain Limitations

You acknowledge and agree that Eatsighting provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. Eatsighting is an independent contractor for all purposes and is not your agent or trustee. Eatsighting is not responsible, and has no liability for the products or services that are paid for with the Payment Services. Eatsighting is not responsible for any overcharges or other payment disputes with Restaurants. Users must resolve payment and other disputes directly with Restaurants.

Eatsighting is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control preventing from the execution of the transaction.

Account Identification

By setting up an account, Users accept, explicitly and without reserve, the terms of these general conditions and any special conditions on Eatsighting website.
When setting up an account, Users must send accurate and true information regarding their title, family name, first name(s), email address and telephone number, so that they can be properly identified.
From the time the account is set up, Users are given a username and password (hereafter "Identifying Information") so that they can access their private account.
Identifying Information is personal and confidential. It can only be changed if the User requests it to be changed. Users are fully responsible for using their Identifying Information and agree to make all efforts to keep their Identifying Information confidential and not to reveal it to any person or in any form.
If their Identifying Information is lost or stolen, Users are responsible for any harmful consequences of this loss or theft, and must follow, as soon as possible, the stated procedure for changing it.
the presence of an ID code validly identifies the author of a document or message and proves the authenticity of a document or message.
An electronic document containing an ID code has the same validity as a document signed by the issuing person.

Personal Data Protection

Eatsighting.com strictly adheres to the dispositions of the legislative decree n. 196 of 30 June 2003 in matter of protection of personal data of people and other subjects and guarantees that the processing of personal data furnished by Restaurants for the execution of the service will be set up on principles of privacy.The collection of personal data does not make visible, directly or indirectly, any ethnic origins, political, philosophical or religious opinions or trade union affiliation, or data regarding the health or sex orientation of the people concerned, either Restaurant Owners/Personnel or Users.

Both Restaurants and Users are informed that those personal data required as mandatory and gathered in the context of the described services are necessary for the use of the service and they are employed exclusively for the mentioned purposes and they are only destined to Eatsighting.
Restaurants and Users authorize Eatsighting to transmit some of these data to their computer service suppliers in order to consent fundamental website functions, i.e. forums, opinions, comments, payments etc.

1. Your Account: You are required to create an account with Eatsighting in order to use the Reservation Services and in order to use the Payment Services. When registering for an account, you must provide true, accurate, current, and complete data about yourself on the Eatsighting registration form. You also agree to promptly update the registration data, to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and the information in your account, and, except as otherwise required by applicable law, you are solely responsible for all use of your account, whether or not authorized by you. You agree to immediately notify Eatsighting of any unauthorized use of your account or any other breach of security related to your use of the Services.

2. Communications from Eatsighting: Eatsighting may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from Eatsighting regarding the Services. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser and application technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access to Eatsighting.

3.Technical Requirements: Use of Eatsighting requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the service, including any notifications provided by the service. Eatsighting does not guarantee that the service will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use Eatsighting, and some features and portions of Eatsighting (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

4. Modifications to Services: Eatsighting reserves the right, in its sole discretion, to modify the services from time to time and without notice, including, without limitation, removal, addition, or modification of portions of the Eatsighting site and the list of Restaurants within. If you object to any such changes, your sole recourse shall be to cease using the service. Continued use of the service following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the service.

5. Data use: Users are hereby notified that the personal data marked as obligatory on the forms, which is gathered to provide the service described in these general conditions, must be provided in order to use this service; it will only be used to provide this service and is intended only for Eatsighting and its Restaurant-Owner Partners, who shall take all necessary precautions to maintain, as far as possible, the security of the data Users. Eatsighting is authorised to pass all their information to Eatsighting's Restaurant Partners when supplying the services offered.

Cookies

Eatsighting and/or its partner websites may store information on the User's computer or device. This information will take the form of a "Cookie" or similar file. "Cookies" are data which contain no personal information and are sent via the server on Users' hard drives or devices. The main role of cookies is to identify Users more quickly when they log on and make it easier for them to participate in certain events, promotions, activities etc. Eatsighting cannot guarantee the optimum functioning of the website if Consumers refuse cookies. Consumers acknowledge and accept that Eatsighting reserves the right to install a "Cookie" on their computer or device to save information about their use of Eatsighting website.

Hyperlinks

Eatsighting website contains links to third party websites. Linked sites are not under the control of Eatsighting, and is not responsible for the content of these related sites. Eatsighting supplies these links for convenience only, and a link does not mean that Eatsighting sponsors or recommends the linked site in question or that Eatsighting is affiliated to it. Linked sites are owned and operated by independent retailers or service providers, and as such Eatsighting cannot guarantee that you will be satisfied with their products, services or business practices. It is your responsibility to make any checks you think are necessary or appropriate before entering into any transactions with one of these third parties.

Consumers’ Feedback

Consumers must follow the rules below to publish an opinion on the site about a Restaurant they have expressed interest in on Eatsighting website.
Conditions for posting opinions:
To post an opinion, Users must be of full legal age, have an account on Eatsighting website which identifies them, have reserved a Restaurant via Eatsighting website and have honoured their reservation at the Restaurant.
To avoid any conflict of interest and for obvious reasons of objectivity, Users working in Eatsighting Restaurant Partners may not post opinions on Eatsighting website.
The post may only be about the Restaurants the User visited. Any opinions on another Restaurant will be deleted by Eatsighting.com.
Reasons for Rejecting Posts
Users are notified that their posts may be rejected for the following reasons:
• if the User does not adhere to the "Conditions for posting opinions" above;
• if Eatsighting believes that its civil or criminal liability may be engaged;
• if the text includes insults or vulgarity;
• if the author's Identifying Information includes insults or vulgarity;
• if the text contains random characters or continuations of words with no meaning;
• if the content (text, document, image, etc.) has nothing to do with the matter noted;
• if the opinion contains a specific conflict of interest;
• if the content is badly written to the point of being unintelligible;
• if an User makes an inappropriate comment about another post or its author;
• if the content to be posted includes personal information, such as the surname or first name of individuals who are not public persons, a telephone number, a specific physical address or an e-mail address;
• if the text contains a credit card number, social security number, bank account number or any other information likely to lead to identity theft;
• if the text includes a call to take legal action;
• if the content mentions websites, hyperlinks, URLs, email addresses or telephone numbers;
• if the text is obviously spam.

If Users post content which is clearly fake, Eatsighting, after applying the procedures for the refusal or deletion of the post, shall cancel the User's registration and delete all of their posts. Posts are moderated to ensure that they comply with these General Terms of Use, and will be published, rejected or deleted accordingly.

Intellectual Property

The features, information, and materials provided and depicted through Eatsighting are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through Eatsighting are provided solely to support User’s permitted use of the service. The Eatsighting content may be modified from time to time by Eatsighting in its sole discretion. All intellectual property moral and patrimonial rights relating to the content and information on Eatsighting belong to CNK, with the exception of third party patrimonial rights, for which Eatsighting has obtained the necessary rights transfers or authorisations.The rights conferred on Users by using Eatsighting website and its services supplied do not entail any transfer or permission to use any part of Eatsighting website.

The service furnished by Eatsighting is offered solely for User’s personal use for the purposes described in this Agreement. Eatsighting reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, cancel reservations, or deny access to the service. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Eatsighting platform, except as expressly authorized by Eatsighting; (2) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of Eatsighting; (3) rent, lease, copy, provide access to or sublicense any portion of Eatsighting to a third party; (4) use Eatsighting for any illegal purpose.

All items (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, formatting, databases, codes etc.) on Eatsighting website and on associated sites are protected by national and international law and intellectual property law. These items remain the sole property of Eatsighting and/or its partners.

Therefore, without prior written permission from Eatsighting and/or its partners, Users may not reproduce, represent, republish, redistribute, adapt, translate and/or transform partially or in full, or transfer to another media, any information from Eatsighting website.
If Users believe items or content posted on Eatsighting website to be illegal and/or in breach of their copyright, they may immediately send a notification to Eatsighting by registered post containing all supporting documentation to prove the ownership of the rights if applicable. Once this procedure has been followed, and after the accuracy of the notification has been checked, Eatsighting shall make all reasonable efforts to remove the illicit content as soon as possible. Eatsighting cannot be held liable for content presented on Eatsighting website which can be modified by third parties (for example, restaurant sheets, forums, opinions, etc.)

CNK reserves the right to use the materials provided by Restaurants and Users contents in different ways, to edit the format, to integrate them with marketing contents, to promote their visibility, to develop them accordingly to the purposes of the utility www.eatsighting.com and in accordance with the laws pertinent to personal data protection. Therefore, Users in particular hereby give to Eatsighting.com irrevocable permission to use this content for any purpose, and irrevocably waive any claims of moral or patrimonial rights regarding this content. We may use User’s content and User’s opinions in different ways, including to publish it on Eatsighting website, change its format, include it in advertising or other documents, create works derived from it, enhance it and distribute it.

Jurisdictional Provisions and Penalties

Users acknowledge and are aware that failure to obey this prohibition constitutes an infringement punishable by civil and criminal law.
In the event of failure by Users to meet or comply with one of their obligations or stipulations in these general conditions, Eatsighting may modify, suspend, limit or withdraw access to the service, without Users being entitled to any compensation of any kind.
Eatsighting shall also be entitled to claim compensation for the losses sustained.

The relations binding Eatsighting and the Users, which are mainly governed by these general conditions, are subject to Italian Law, to the exclusion of any other state legislation. If these general conditions are drawn up in several languages or translated, only the Italian version shall have legal force.
This contract is entirely disciplined by Italian Law. Any dispute regarding interpretation or execution of this contract shall be brought before the relevant courts of the city of Rome.

Eatsighting may suspend your ability to use all or any element of the service or may terminate this agreement immediately, without notice or explanation. Eatsighting may suspend your access to the service if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the service or re-establish an account You are always free to discontinue your use of the service at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Eatsighting will have no liability whatsoever.

Limitations of Liability

On no account Eatsighting will be considered responsible towards its Restaurant Partners or Users for eventual loss of profit, loss of productivity, general outlays, failed amortisations, lost earnings or for any other form of indirect or consequential gain damage linked to eventual negative feedback left by the Users or connected to possible breakdown of the service whereas outsider factors not subordinate to Eatsighting’s control may take place.
In particular, Eatsighting will not assume any responsibility for the damages and/or anomalies resulting in the publication when not directly under Eatsighting’s technical control and malfunctionings caused by interruptions of those fundamental means for a normal acces Users accept that Eatsighting cannot be held liable if the User is not able to benefit from the Restaurant's promotions or special offers. Users acknowledge and accept that Eatsighting shall not be held liable if the Restaurants fail to honour a promotion or special offer for any reason.

Users state that they are fully familiar with the features and limitations of the Internet. They acknowledge that it is impossible to guarantee that the data sent by Users over the Internet will be fully secure. Eatsighting cannot be held responsible for any incidents which could arise from this data transfer. Users therefore disclose the data at their own risk. Eatsighting can only give assurances that it will use all the means available to it to ensure maximum security.
In any case, Users explicitly acknowledge and agree to use Eatsighting website at their own risk and under their sole responsibility.

Warnings

Users are invited to make any checks that may seem suitable before making a reservation at one of the Restaurants listed on Eatsighting. Eatsighting does not guarantee in any way the products, services and/or business practices of third parties listed on its site. Therefore, Eatsighting cannot guarantee that Users will be satisfied with the products, services and/or business practices to which they are exposed as a result of making a reservation on Eatsighting website.
Users who make use of Eatsighting website in line with these general conditions can do so free of charge.However, users acknowledge that Eatsighting website also provides paid-for services. For example, a reservation made via Eatsighting website, is a paid-for service.

Users acknowledge that, generally and given the current state of technological progress, every time they publish information online, this information can be collected and used by third parties. Therefore, users shall not hold Eatsighting responsible for any liability or harmful consequence of the use by third parties of this information exchanged using communication tools (chat, forum, opinions) offered at Eatsighting.com.
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any information or data received from Eatsighting or available on Eatsighting website, to another individual or legal entity from any country.

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