1. Preamble
1.1 TasteTown s.r.o. is the operator of the TasteTown platform (mobile application, website, etc.), in which its users (hereinafter referred to as "TasteTown User" or "User") are granted access to offers (hereinafter referred to as "DEALS") of cooperating businesses (also referred to as "Partner", "Partners" or "Partner business", "Partner businesses"). These Terms and Conditions set out the rules for those Partners who have chosen to become part of this Platform and have thus signed the "TasteTown Free Membership Agreement" or other founding agreement (the "Founding Agreement").
2. Partnership
2.1. TasteTown ensures the placement of the Partner business in the TasteTown application, and establishes and manages its profile. In return for this service, Partner businesses offer exclusive deals (DEALs) to users of the application. The Partner's obligation to offer and accept granted DEALs is then reflected in a real contract for the benefit of third parties. Users of TasteTown can therefore assert their claims directly against the Partner in the event that it unjustifiably refuses to fulfil or accept the DEAL. Consequently, TasteTown does not assume any contractual obligations in this regard. However, it is entitled to claim damages for breach of the Partner's obligation to offer and accept these offers.
2.2. Partner businesses must not provide equivalent or better offers to any other customers (other than application users) than those agreed DEALs. This does not preclude the Partner from carrying out other marketing activities, provided they do not include any type of offers such as those provided to TasteTown users.
2.3. Unless otherwise agreed, all establishments of the Partner are involved in the cooperation, each of which has its own contract and therefore its own profile.
3. Profile
3.1. If not individually agreed otherwise, TasteTown determines the appearance of the Partner business in the application, including photos and other visualization (hereinafter "profile image"). The profiles of Partner businesses in the application usually include their name, location, opening hours, and if existing a link to their website or reservation system, and other information that is part of the Founding Agreement.
3.2. The Partner business must provide all necessary information, otherwise placement in the application will not be possible.
3.3. TasteTown will make every effort to ensure the quality of the Partner's profile image, but is not responsible for any defects not caused by TasteTown's fault. If the application becomes temporarily unavailable, Partners are not entitled to compensation, or other monetary compensation.
3.4. TasteTown reserves the right to announce and promote cooperation with a restaurant and/or restaurant offers at its discretion. This may include promotion on TasteTown's website, on social media channels, or with partners for collaboration and third-party advertising unless expressly agreed otherwise.
3.5. In the interest of the application's quality functioning, the Partner business must promptly inform TasteTown of any changes to its contact details, the opening and closing of a new branch, reconstruction, or other details that are part of the Founding Agreement or would affect the currentness of the Partner's profile. If it does not do so, misleading information may occur for which TasteTown is not responsible. All disputes regarding this by third parties will be solely the responsibility of the Partner business.
3.6. In accordance with the Founding Agreement, the Partner is required to select one of the predefined categories for their branch and one category for each deal. In the event that TasteTown deems a category to be under-represented, it may merge it with another.
3.6 Pursuant to the Founding Agreement, the Partnership is obliged to select three categories of pre-defined. The first category will be determined for its Branch and the other two will be determined based on its DEAL. In the event that TasteTown deems a category to be underrepresented, it may merge it with another without the Partner's consent.
4. DEALs
4.1. DEALs are exclusive benefits offered only to users of the TasteTown application.
4.2. Each Partner business offers up to two different DEALs, which are displayed across the entire platform. Partner businesses with more than one branch may use different DEALs at these branches.
4.3. Offered DEALs can be changed after contacting TasteTown through parter@tastetown.cz. Upon receipt of a Partner's request to change a DEAL, TasteTown has 10 days to adjust the DEAL accordingly. However, TasteTown reserves the right to reject a change to a DEAL that would contradict the overall concept, particularly the quality standards promised to the platform's users. In the event of a rejected change of a DEAL, the Partner business has the right to terminate the agreement under clause 6.1 of these terms and conditions.
4.4. Further details about the specific DEALs are regulated in the individual agreements (Founding Agreement) between TasteTown and its Partner businesses.
4.5. Binding rules for the acceptance and application of DEALs are provided in training materials. These will be provided by TasteTown as part of the onboarding process though the e- mail address specified in the Founding Agreement.
It is the responsibility of the Partner to ensure that employees are aware of the training materials. The Partner is responsible for informing and training its staff about the cooperation with TasteTown, the offered DEALs and the procedure for their redemption. Furthermore, the Partner shall ensure that employees do not decline DEALs without authorization, for instance due to a lack of awareness of the cooperation or new DEALs or the procedure for their use. In the event of any changes, TasteTown will create new training materials and provide them free of charge to the Partner with sufficient advance notice. To this end, it is sufficient to send updated information to the email address specified in the Founding Agreement.
4.6. TasteTown is not involved in the payment process between the Partner business and the user, nor does it receive any profit from these individual transactions. If any discrepancies arise, such as customer dissatisfaction with the staff, non-redemption of DEALs by the Partner business, and others, TasteTown is not responsible for any resulting consequences. This includes situations such as the expiration of a reservation period or a discrepancy between the order and the reserved offer. In such a situation, the Partner business must promptly inform the user and fairly resolve the situation. If the problem cannot be resolved, the DEAL must either be honored, or the customer must receive compensation from the Partner business.
4.7. Partner businesses bear exclusive responsibility for any claims arising from the impossibility of utilizing a reserved agreement due to poor communication, lack of information by the staff, or depletion of supplies.
5. Rights/Licenses
5.1. TasteTown is authorized to use the names of Partner businesses, as well as all text and visual materials (e.g. photographs, videos, menu, description) from the website and social media channels of the business for its profile and for advertising, for example on the website and social media profiles of TasteTown, or those of third parties. In addition, the Partner may provide corresponding materials to TasteTown.
5.2. Images provided by the Partner are considered to have an exclusive, temporally, geographically, and quantitatively unlimited license (or sublicense) and may be edited and adapted by TasteTown, or published in any way. The Partner guarantees that no third parties have rights to the provided images conflicting with this purpose, and undertakes to compensate TasteTown for any disputes arising from existing rights that would lead to damage.
5.3. The Partner guarantees that the use and publication of material by TasteTown does not violate applicable legal regulations or the rights of third parties of any kind, including personal rights of identifiable individuals in photographs or videos. The business further guarantees that the publication of photos and videos without the identification of copyright (e.g. indicating the photographer) is permissible. The Partner will indemnify TasteTown for any claims by third parties in connection with the above-mentioned infringement of rights, and undertake to reimburse TasteTown for all expenses and damages incurred in this context.
5.4. If the provided images do not meet the requirements of TasteTown, or if an agreement to this effect has been concluded between TasteTown and the Partner business, TasteTown will create the images. These images are in fact the property of TasteTown and are provided to the Partner at their written request on the basis of a non-exclusive, temporally, geographically, and quantitatively limited license, unless otherwise agreed by the parties.
5.5. TasteTown retains the right to use material even after the Founding Agreement ends. This includes maintaining the restaurant's profile in the application, on the website and on social media accounts, along with all related text, visual materials, comments, and ratings. However, the reservation of DEALs will no longer be possible.
5.6. The restaurant may at any time object to the use of materials such as photographs or videos, or the publication of its profile in the application and on the website. If this occurs, TasteTown will remove the content so that it is no longer publicly accessible. This will be done within a reasonable period of time, taking into account technical capabilities, in particular the ability to delete the profile in the application and the social media networks where the content was posted.
5.7. Partner businesses may use the TasteTown logo provided on the website or handed over in any other form by TasteTown for the purpose of exercising rights under the Founding Agreement and to be listed as partners on their websites and social media, provided they are still partners of TasteTown. TasteTown reserves the right to revoke this right at any time. The Partner business also undertakes to display the sticker provided by TasteTown on the entrance door or other spaces of the Partner business.
6. Duration of the Founding Agreement
6.1. The Agreement is concluded for an indefinite period. Either party may terminate the Agreement at the end of the month, in writing to either the TasteTown company/Partner business's address, or by sending an email. TasteTown e-mail adress for this purposes is: partner@tastetown.cz. Partners email address is provided in the Founding Agreement. The notice period is 10 days, to protect user reserved DEALs.
6.2. The right to terminate the Agreement for extraordinary reasons remains unaffected hereby. TasteTown is entitled to terminate the Agreement immediately, even without a notice period, especially in cases where the Partner business repeatedly does not allow users to redeem reserved DEALs. Furthermore, if insolvency proceedings are initiated against the assets of the Partner business or business activities are suspended at the establishment.
7. Amendment of the General Terms and Conditions
7.1. Partners must be informed of any changes to the terms and conditions by email (provided in the Founding Agreement) at least 30 days before their effective date. If no objections are raised within this period, the changes to the general terms and conditions will be considered accepted. Alternatively, the Partner business has the right to terminate the contractual relationship before the expiration of this period.
8. Final Provisions
8.1. The governing law is the law of the Czech Republic.
8.2. Any legal disputes must be settled before the materially and locally competent court in Prague.
8.3. These terms and conditions exclusively apply. Any different, conflicting, or supplementary terms and conditions or rules of the Partner business become part of the contract only if TasteTown has expressly agreed to their validity in writing.
8.4. In the event of a conflict between these terms and conditions and individual written agreements with Partner businesses, the individual agreements (Founding Agreement) take precedence over the provisions of these terms and conditions.
8.5. Any amendments or additions to the contract must be made in writing.
8.6. If any part of these contractual terms and conditions or the Founding Agreement is found to be invalid or unenforceable, it will not affect the validity of the other provisions. Both parties have agreed that invalid or unenforceable provisions will be replaced by other provisions or that any gaps in the legal regulation will be supplemented with suitable provisions that most closely approximate the purpose of the invalid provision, and are effective on their own.
8.7. Disputes arising from the Founding Agreement and in connection with it will be finally decided by the Arbitration Court at the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic according to its Rules and Regulations by three arbitrators.
8.8. This agreement is for the exclusive purpose of exchanging services. It is not intended to create a corporate relationship between the parties. In particular, the term "Partner" does not imply any connection under company law or other services that go beyond the services described in this agreement.
8.9. The potential Partner business declares that it is not currently undergoing any insolvency or similar proceedings under the relevant legal regulations, nor has a petition been filed to initiate such proceedings (especially insolvency, bankruptcy), and is not involved in any other proceedings (e.g. judicial).
8.10. These terms and conditions take effect as of May 1, 2024
1. Preamble
1.1 TasteTown s.r.o. is the operator of the TasteTown platform (mobile application, website, etc.), in which its users (hereinafter referred to as "TasteTown User" or "User") are granted access to offers (hereinafter referred to as "DEALS") of cooperating businesses (also referred to as "Partner", "Partners" or "Partner business", "Partner businesses"). These Terms and Conditions set out the rules for those Partners who have chosen to become part of this Platform and have thus signed the "TasteTown Free Membership Agreement" or other founding agreement (the "Founding Agreement").
2. Partnership
2.1. TasteTown ensures the placement of the Partner business in the TasteTown application, and establishes and manages its profile. In return for this service, Partner businesses offer exclusive deals (DEALs) to users of the application. The Partner's obligation to offer and accept granted DEALs is then reflected in a real contract for the benefit of third parties. Users of TasteTown can therefore assert their claims directly against the Partner in the event that it unjustifiably refuses to fulfil or accept the DEAL. Consequently, TasteTown does not assume any contractual obligations in this regard. However, it is entitled to claim damages for breach of the Partner's obligation to offer and accept these offers.
2.2. Partner businesses must not provide equivalent or better offers to any other customers (other than application users) than those agreed DEALs. This does not preclude the Partner from carrying out other marketing activities, provided they do not include any type of offers such as those provided to TasteTown users.
2.3. Unless otherwise agreed, all establishments of the Partner are involved in the cooperation, each of which has its own contract and therefore its own profile.
3. Profile
3.1. If not individually agreed otherwise, TasteTown determines the appearance of the Partner business in the application, including photos and other visualization (hereinafter "profile image"). The profiles of Partner businesses in the application usually include their name, location, opening hours, and if existing a link to their website or reservation system, and other information that is part of the Founding Agreement.
3.2. The Partner business must provide all necessary information, otherwise placement in the application will not be possible.
3.3. TasteTown will make every effort to ensure the quality of the Partner's profile image, but is not responsible for any defects not caused by TasteTown's fault. If the application becomes temporarily unavailable, Partners are not entitled to compensation, or other monetary compensation.
3.4. TasteTown reserves the right to announce and promote cooperation with a restaurant and/or restaurant offers at its discretion. This may include promotion on TasteTown's website, on social media channels, or with partners for collaboration and third-party advertising unless expressly agreed otherwise.
3.5. In the interest of the application's quality functioning, the Partner business must promptly inform TasteTown of any changes to its contact details, the opening and closing of a new branch, reconstruction, or other details that are part of the Founding Agreement or would affect the currentness of the Partner's profile. If it does not do so, misleading information may occur for which TasteTown is not responsible. All disputes regarding this by third parties will be solely the responsibility of the Partner business.
3.6. In accordance with the Founding Agreement, the Partner is required to select one of the predefined categories for their branch and one category for each deal. In the event that TasteTown deems a category to be under-represented, it may merge it with another.
3.6 Pursuant to the Founding Agreement, the Partnership is obliged to select three categories of pre-defined. The first category will be determined for its Branch and the other two will be determined based on its DEAL. In the event that TasteTown deems a category to be underrepresented, it may merge it with another without the Partner's consent.
4. DEALs
4.1. DEALs are exclusive benefits offered only to users of the TasteTown application.
4.2. Each Partner business offers up to two different DEALs, which are displayed across the entire platform. Partner businesses with more than one branch may use different DEALs at these branches.
4.3. Offered DEALs can be changed after contacting TasteTown through parter@tastetown.cz. Upon receipt of a Partner's request to change a DEAL, TasteTown has 10 days to adjust the DEAL accordingly. However, TasteTown reserves the right to reject a change to a DEAL that would contradict the overall concept, particularly the quality standards promised to the platform's users. In the event of a rejected change of a DEAL, the Partner business has the right to terminate the agreement under clause 6.1 of these terms and conditions.
4.4. Further details about the specific DEALs are regulated in the individual agreements (Founding Agreement) between TasteTown and its Partner businesses.
4.5. Binding rules for the acceptance and application of DEALs are provided in training materials. These will be provided by TasteTown as part of the onboarding process though the e- mail address specified in the Founding Agreement.
It is the responsibility of the Partner to ensure that employees are aware of the training materials. The Partner is responsible for informing and training its staff about the cooperation with TasteTown, the offered DEALs and the procedure for their redemption. Furthermore, the Partner shall ensure that employees do not decline DEALs without authorization, for instance due to a lack of awareness of the cooperation or new DEALs or the procedure for their use. In the event of any changes, TasteTown will create new training materials and provide them free of charge to the Partner with sufficient advance notice. To this end, it is sufficient to send updated information to the email address specified in the Founding Agreement.
4.6. TasteTown is not involved in the payment process between the Partner business and the user, nor does it receive any profit from these individual transactions. If any discrepancies arise, such as customer dissatisfaction with the staff, non-redemption of DEALs by the Partner business, and others, TasteTown is not responsible for any resulting consequences. This includes situations such as the expiration of a reservation period or a discrepancy between the order and the reserved offer. In such a situation, the Partner business must promptly inform the user and fairly resolve the situation. If the problem cannot be resolved, the DEAL must either be honored, or the customer must receive compensation from the Partner business.
4.7. Partner businesses bear exclusive responsibility for any claims arising from the impossibility of utilizing a reserved agreement due to poor communication, lack of information by the staff, or depletion of supplies.
5. Rights/Licenses
5.1. TasteTown is authorized to use the names of Partner businesses, as well as all text and visual materials (e.g. photographs, videos, menu, description) from the website and social media channels of the business for its profile and for advertising, for example on the website and social media profiles of TasteTown, or those of third parties. In addition, the Partner may provide corresponding materials to TasteTown.
5.2. Images provided by the Partner are considered to have an exclusive, temporally, geographically, and quantitatively unlimited license (or sublicense) and may be edited and adapted by TasteTown, or published in any way. The Partner guarantees that no third parties have rights to the provided images conflicting with this purpose, and undertakes to compensate TasteTown for any disputes arising from existing rights that would lead to damage.
5.3. The Partner guarantees that the use and publication of material by TasteTown does not violate applicable legal regulations or the rights of third parties of any kind, including personal rights of identifiable individuals in photographs or videos. The business further guarantees that the publication of photos and videos without the identification of copyright (e.g. indicating the photographer) is permissible. The Partner will indemnify TasteTown for any claims by third parties in connection with the above-mentioned infringement of rights, and undertake to reimburse TasteTown for all expenses and damages incurred in this context.
5.4. If the provided images do not meet the requirements of TasteTown, or if an agreement to this effect has been concluded between TasteTown and the Partner business, TasteTown will create the images. These images are in fact the property of TasteTown and are provided to the Partner at their written request on the basis of a non-exclusive, temporally, geographically, and quantitatively limited license, unless otherwise agreed by the parties.
5.5. TasteTown retains the right to use material even after the Founding Agreement ends. This includes maintaining the restaurant's profile in the application, on the website and on social media accounts, along with all related text, visual materials, comments, and ratings. However, the reservation of DEALs will no longer be possible.
5.6. The restaurant may at any time object to the use of materials such as photographs or videos, or the publication of its profile in the application and on the website. If this occurs, TasteTown will remove the content so that it is no longer publicly accessible. This will be done within a reasonable period of time, taking into account technical capabilities, in particular the ability to delete the profile in the application and the social media networks where the content was posted.
5.7. Partner businesses may use the TasteTown logo provided on the website or handed over in any other form by TasteTown for the purpose of exercising rights under the Founding Agreement and to be listed as partners on their websites and social media, provided they are still partners of TasteTown. TasteTown reserves the right to revoke this right at any time. The Partner business also undertakes to display the sticker provided by TasteTown on the entrance door or other spaces of the Partner business.
6. Duration of the Founding Agreement
6.1. The Agreement is concluded for an indefinite period. Either party may terminate the Agreement at the end of the month, in writing to either the TasteTown company/Partner business's address, or by sending an email. TasteTown e-mail adress for this purposes is: partner@tastetown.cz. Partners email address is provided in the Founding Agreement. The notice period is 10 days, to protect user reserved DEALs.
6.2. The right to terminate the Agreement for extraordinary reasons remains unaffected hereby. TasteTown is entitled to terminate the Agreement immediately, even without a notice period, especially in cases where the Partner business repeatedly does not allow users to redeem reserved DEALs. Furthermore, if insolvency proceedings are initiated against the assets of the Partner business or business activities are suspended at the establishment.
7. Amendment of the General Terms and Conditions
7.1. Partners must be informed of any changes to the terms and conditions by email (provided in the Founding Agreement) at least 30 days before their effective date. If no objections are raised within this period, the changes to the general terms and conditions will be considered accepted. Alternatively, the Partner business has the right to terminate the contractual relationship before the expiration of this period.
8. Final Provisions
8.1. The governing law is the law of the Czech Republic.
8.2. Any legal disputes must be settled before the materially and locally competent court in Prague.
8.3. These terms and conditions exclusively apply. Any different, conflicting, or supplementary terms and conditions or rules of the Partner business become part of the contract only if TasteTown has expressly agreed to their validity in writing.
8.4. In the event of a conflict between these terms and conditions and individual written agreements with Partner businesses, the individual agreements (Founding Agreement) take precedence over the provisions of these terms and conditions.
8.5. Any amendments or additions to the contract must be made in writing.
8.6. If any part of these contractual terms and conditions or the Founding Agreement is found to be invalid or unenforceable, it will not affect the validity of the other provisions. Both parties have agreed that invalid or unenforceable provisions will be replaced by other provisions or that any gaps in the legal regulation will be supplemented with suitable provisions that most closely approximate the purpose of the invalid provision, and are effective on their own.
8.7. Disputes arising from the Founding Agreement and in connection with it will be finally decided by the Arbitration Court at the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic according to its Rules and Regulations by three arbitrators.
8.8. This agreement is for the exclusive purpose of exchanging services. It is not intended to create a corporate relationship between the parties. In particular, the term "Partner" does not imply any connection under company law or other services that go beyond the services described in this agreement.
8.9. The potential Partner business declares that it is not currently undergoing any insolvency or similar proceedings under the relevant legal regulations, nor has a petition been filed to initiate such proceedings (especially insolvency, bankruptcy), and is not involved in any other proceedings (e.g. judicial).
8.10. These terms and conditions take effect as of May 1, 2024