General terms and conditions of
business and providing information society services
- These General terms and conditions of business and providing information society services (hereinafter referred to as: “Terms”) form an integral part of every Service contract (hereinafter referred to as: “Contract”) concluded between “Smještaj i to“ Ltd. for tourism and services – travel agency, with its registered seat in Dubrovnik, Nikola Tesla Street 13, PIN: 57292218324, registered with the Republic of Croatia companies register of the Commercial court in Split – Permanent service in Dubrovnik, under the registration number 090027984 (hereinafter referred to as: “Service provider”) and its customers and users, in regard of provision of information society services according to the Croatian Electronic Commerce Act, online services through the website eatsy-bitsy.com and mobile application “Eatsy Bitsy“ (hereinafter referred to as: “Service”).
- Under these Terms, customer and user of the Service shall mean any legally capable person (restaurant/catering facility/service user) whose order the Service provider accepted as such (hereinafter referred to as: “Customer”). Service provider will not accept orders from legally incapable persons, as well as from those who do not provide the requested data in accordance with the form for Customer’s registration. For clarification purposes, in these Terms the Customers of the information society services that provide catering services shall be named “Caterers”, while the end-users of their services that are at the same time the customers of the information society services of the Service provider, shall be named “Guests”.
- The Service provider will publish these Terms and their amendments on its website www.eatsy-bitsy.com and in other appropriate manner, if needed.
- Electronic confirmation and acceptance of these Terms implies that the Customer has read and accepted these Terms. In the event that the Customer does not agree with these Terms, the Service provider shall not be able to provide the Service to the Customer in the same way he is able to provide it to the other registered users, due to the principle of non-discrimination of users and equal access to the Service.
Information about the Service provider
- The Service provider conducts business at its registered seat, and possibly at other addresses that will be duly indicated on the EatsyBitsy.com website. The Service provider’s contact information is as follows:
Info telephone: +385 99 3658 179 (working time of the telephone operators is 8 AM – 12 PM every day, including weekends and holidays).
Mail address: firstname.lastname@example.org
- Anti-corruption policy of the Service provider can be found here.
Business and online services providing methods
- The Service provider operates and provide services though the EatsyBitsy.com website and mobile application Eatsy Bitsy and the links that refer to the website.
- The Service consists of providing information society services (within the meaning of the Electronic Commerce Act), especially in delivering data and content management, advertising, electronic data browsing, inter-mediation and data storage. Through computer applications and online platforms which are integral part of the website content, the Guest will be able to (i) visit the restaurant or catering facility he intends to visit; (ii) order an appropriate meal that the Caterer offers; (iii) pay the meal he has ordered for the price the Caterer has determined. The Caterer will be able to (i) offer his catering services through Eatsy Bitsy computer application and online platform as an integral part of the EatsyBitsy.com website content; and (ii) provide such services to the Guest in the planned time and in accordance with the conditions and capacities of the Caterer. The Guest will be able to make the reservation of the table/sitting places/ for a specified number of persons, with or without previous drink or meal selection. After the invoice has been issued or after consummation, the Guest through the mobile application pays the entire amount of the invoice issued to him by the Caterer.
- Every Customer shall be registered to use the Service. The right to use the Service is the personal right of the Customer and cannot in any way be conveyed to any other natural or legal person, nor is any other customer authorized to register other natural or legal person as a customer of the Service. The Customer is personally responsible for the confidentiality of passwords in places where they are as such. The Customer is logged as a natural person and can subsequently enter the legal entity’s data for the R1 account, omitting the choice whether to use an official or private card in his profile.
- Customers of the Service are aware of the fact that the Service interruptions sometimes occur, or events beyond control of the Service provider and they accept that the Service provider is not responsible for any loss of data that may occur during the transfer of information on the Internet. Customers agree and accept that access to the website may sometimes be interrupted, temporarily inaccessible or excluded due to events beyond control of the Service provider.
- The Service provider reserves the right to modify or terminate any business segment, including, without limitation, content, time of availability and the equipment that is required to access or use the content of the EatsyBitsy.com website.
- Furthermore, the Service provider may stop sending any part of the information or any kind of information, modify or terminate any transfer or data, and may change the data rate, as well as any other characteristics thereof, if the Service Provider deems that such action is necessary to protect the data, either the customer or the Service provider, or to protect intellectual property of the Service provider.
- The Customer is responsible for the purchase and maintenance of his computer equipment, including all software or hardware owned and used by him, as well as other equipment required for access to and use of the EatsyBitsy.com website. The Service provider is not liable for any damage on the Costumer’s equipment that may arise as a result of the EatsyBitsy.com website visit.
- The customers may not, through the EatsyBitsy.com website, publish or transmit material that is unlawful, endangering, abusive, defamatory, detrimental to or threatening to privacy, vulgar, obscene, or otherwise undesirable in a decent communication that promotes illegal activity, or otherwise violates any regulation and which, without explicit, prior written consent from the Service provider, contains advertising or proposal of any of its products and services.
- The Customer may not use the EatsyBitsy.com website to advertise or perform any commercial, religious, political, or non-commercial advertising
Intellectual property rights
- The Service provider is the exclusive holder of the trademark “eatsy-bitsy” registered at the registry of trademarks at the State Office for Intellectual Property under No. Z20171117, as well as the relevant know-how related to the modes of providing the Service. Also, the Service provider is the holder of all intellectual property rights related to computer programs, data bases, including related graphics layout, structure, photographs and any other visuals and texts that are part of the EatsyBitsy.com website.
- It is expressly prohibited, without prior written consent of the Service provider, to reproduce, distribute, transmit, communicate to the public, make available to the public in any form, or any part of the content of the EatsyBitsy.com website.
- The Customer shall not modify, post, transmit, participate in the transfer or sale, create derivative words, or in any way exploit any content of the EatsyBitsy.com website, in whole or in part, or related computer program and data bases, including data content of such data bases.
- The Customer shall not, within the program content of EatsyBitsy.com website, individually and without prior written consent of the Service provider, post, publish, or otherwise make available any material subject to the copyright, trademark or any other intellectual property right.
- The Service provider has no obligation to report to the Customer or to help him to determine whether any material is subject to the intellectual property rights. The Customer is exclusively liable for any harm which may arise from the copyright infringements, abuse of trademark and/or any other intellectual property right or any issues arising from the publication of such material.
- By placing the material on any publicly accessible part of the content of the EatsyBitsy.com website, the Customer declares that he is the holder of the rights to such materials and expressly grants the Service provider with indefinite and worldwide, free of charge and non-limited, non-exclusive right to use of such material, especially the rights to reproduce, process, publish, translate, distribute and make publicly available such material (in whole or in part) as part of the content of the EatsyBitsy.com website. The Customer allows other end-users to access, view, save, or reproduce this material for their own use.
Use of content on EatsyBitsy.com website
- Although the Service provider makes the utmost effort to provide the most quality information society services, the same cannot guarantee the accuracy, reliability or content of any information provided by the Customer during his registration process. Therefore, the Service provider renounces his liability for any possible consequences which may arise from the use of the content of the EatsyBitsy.com website.
- The Service provider is not held liable for the offending, inappropriate or unlawful conduct of the Customer or third parties and the risk of damage that may arise as a consequence of that lies entirely on the Customer.
- In no event shall the Service provider be liable for any damages that may arise as a result of the use, or due to the inability to use the content of the EatsyBitsy.com website.
- The Service provider is not liable for any content that a user, subscriber or unauthorized user may post as part of the content of the EatsyBitsy.com website.
- Under no circumstances, the Service provider will be liable for any loss or damage that occurred because the Customer relied on the information obtained through the content of the EatsyBitsy.com website.
- The Customer is held liable for the accuracy, completeness or usefulness of any information, opinions, suggestions or other content that is available through the content of the EatsyBitsy.com website.
- The Service provider reserves the right to change, adjust, modify, delete or remove any content that considers inappropriate.
- The Customer confirms that all discussions, ratings, comments, private messages are public and not private, therefore the employees of the Service provider may monitor the communication of the Customer within the content of the EatsyBitsy.com website, without Customer’s knowledge and explicit permission.
- The Customer can comment and evaluate only the restaurants/catering facilities in which the order was made, and the Customer can leave one comment only after the order has been made.
- The Customer agrees to compensate for the damage to the Service provider and that the Service provider will not be held liable for any claims for damages and costs, including legal representation costs, which may arise from the use of the content of the EatsyBitsy.com website by any user.
- The Service provider may terminate any business relationship with any customer at any time. The Service provider reserves the right to immediately abolish any password, user account or user account in the event of any conduct that the Service provider, at his own discretion, considers unacceptable, incomplete, inaccurate, as well as in any case of non-compliance with these Terms.
Provision of information society services
- Acceptance of the Terms is a prerequisite for a valid provision of the Information Society Service, and the Service provider will provide a platform through which the Caterer can charge the Guest for the consumption of the Service.
- The Service provider will charge the fee in question to the bank account registered for special purposes which will be deducted for the contracted amount of the fee for the provision of the information society services and the Service provider will dully pass it to the Caterer.
- The amount of fee is determined between the Caterer and the Service provider through a special functionality within EatsyBitsy.com.
- The fee in question will be forwarded to the Caterer within 15 (fifteen) days, usually once a week, upon notice that the Guest has consumed ordered services.
- If the Guest made only reservation at the Caterer, the fee for providing the information society service is calculated in relation to the fee paid by the Guest to the Caterer, and which relates to a consumed catering service. For that purpose, the Caterer is required to enter the amount of the invoice to its proper place on the EatsyBitsy profile once the invoice is issued to the Guest. That amount will also appear on the Guest’s profile within the functionality of the EatsyBitsy.com website and there the Guest may confirm the payment with the previously entered credit card details.
- The Caterer and the Guest will generally charge all payment for catering services within EatsyBitsy.com. Payment of the catering services in other way then through the EatsyBitsy.com system will be performed in extraordinary circumstances (e.g. during the power cut, data disconnection, etc.). If, in such case, the Guest pays the service in question in cash (or any other means of payment other than the credit card details from the Guest’s profile within EatsyBitsy.com), the Caterer will inform the Service provider by entering the amount of the invoice in question on the place provided for that within the EatsyBitsy.com website.
- If the Service provider determines that the Caterer has, in any way and for no justified reason, too many canceled reservations, or the catering services are not paid through the EatsyBitsy.com functionality, or the Caterer does not enter payment information into EatsyBitsy.com, then the Service provider is entitled to cancel the provision of the information society services to the Caterer and to abolish the Caterer’s profile on EatsyBitsy.com. The Service provider will act in the same way where it is found that the Caterer has different prices for the same product in his facility, in relation to the prices quoted for that product on ads within EatsyBitsy.com.
- The relationship between the Caterer who, as a Consumer of the Service, advertises and offers his services within the content of the EatsyBitsy.com website, and the Guest, who is registered Consumer of the Service of the Service provider, is exclusively the relationship between these specified parties, independently of the Service provided by the Service provider.
Obligations of the Caterer
- Every Caterer who intends to provide his catering service through the content of the EatsyBitsy.com website shall be registered in the Service provider’s system. Any derogation from these Terms shall be the subject of a special agreement, respecting the principle of non-discrimination and equal access to the Service.
- Caterer who respects these rules is entitled to advertise his services as a content of the EatsyBitsy.com website and is aware that he is solely liable for the authenticity of such advertisement. The ad must include the name of the Caterer, the location of the same, the proposal, the composition of the food and drinks, the price and availability.
- The Caterer is entitled to update the information on the ad, and the Service provider has the authority to review the appearance of the ad and in case of inadmissibility for any reason, temporarily or permanently remove the ad from the content of the EatsyBitsy.com website.
- Sole responsibility for the quality of catering services remains with the Caterer who provides the catering services.
- If, through the Service provider’s Service, the order and sale/delivery of catering services relationship between the Caterer and the Guest arises, the Service provider is not considered intermediary in such relationship. The Caterer who provides catering services is solely liable for the provided catering services.
- The Service provider cannot and shall not issue invoices or conclude sale agreements between the Caterer and the Guest. The Service provider only provides a platform within its information society services that enables payment of such invoices.
Obligations of the Guest (placement of orders, reservations and payment)
- The Guest who intends to use the catering services of the restaurant/catering facilities advertised on the EatsyBitsy.com website, may use the subject website only as a registered user. In the process creating an order, such Guest will be offered acceptance of the Terms, whose acceptance is prerequisite for the use of the EatsyBitsy.com website and EatsyBitsy.com content. The Service provider invites the Guest to look at the Statement of Confidentiality. The Service provider recommends such customers to take care of their account password. It is recommended to combine capital letters and numbers with password codes and a password of at least six characters when selecting a combination of password characters. Periodic password change is recommended (at least once a year).
- The Statement of Confidentiality is an integral part of the Terms. The Text of the Statement of Confidentiality is here. By accepting the Terms, it will be considered that the buyer has given the consent to collect and process his personal data for the purposes specified in the Statement of Confidentiality. Except for the scope and for the purposes specified in the Statement of Confidentiality, the Service provider will not use the personal data of the Customer.
- The ordering process on EatsyBitsy.com is described below:
Step 1– The restaurant search and choice of meals:
- register (if you do not already have your user profile at EatsyBitsy.com), log in (if you have a user profile) and order it as a registered user;
- enter the address to which you would like to deliver your meals and search for Caterers who deliver to your address or choose a Caterer where you want to consume a catering service;
- after selecting the Caterer in which or from which you want to order – place your meals in your coffin. You can add a note for each order. You can select condiment for each meal as desired.
Step 2 – Payment choice:
- select the card that you want to pay for the order in question;
Step 3 – Restaurant response:
- wait for the Caterer’s response. If the Caterer declines your order Your card will not be charged;
- If the Caterer confirms the reservation of the place in his facility, such reservation may be cancelled in the accordance with the terms of the Caterer who has published it. Generally, the reservation is non-refundable unless the Caterer, in accordance with his terms, does not expect payment of a specific non-refundable amount for such reservation. If the Guest consumes the service of that Caterer, the amount in question is included in the price of consumption. If the Guest cancels the reservation, the amount will not be refunded to the Guest. It will be considered that the order is valid at the time the confirmation of reservation is issued and the deposit is paid for such reservation (if such payment is required).
- If the Caterer confirms the ordered delivery of food and/or drinks, as well as if the order for food/or drinks for consumption in the catering facility is confirmed, such order may be canceled in accordance with the Caterer’s terms published on his EatsyBitsy profile and the Terms.
- The order is considered confirmed and valid at the time of issuing the order payment confirmation and from that moment on, the contract for the sale of catering services is deemed to be concluded.
- All orders, favorite caterers and default data of delivery or visit to the Caterer’s facility, will be visible on the Customer’s browser. Due to the large number of orders delivered simultaneously to the EatsyBitsy.com, the information on the product availability may not be identical to the record of the Caterer. Such situation is exceptional and is not long lasting. The Service provider will take all the necessary steps and use all available resources to ensure that the order is completed within the due time. In the event that the Caterer does not have an ordering product available, he shall inform the Customer and offer him an option to buy the product from EatsyBitsy.com website which is available for delivery and which, by its characteristics, is closest to the product that cannot be delivered. The Service provider releases him from the responsibility for the consequences of the exceptional situation described.
- The Caterer performs the delivery of food and beverages. The Caterer is entitled to contact the Customer for additional order check. Likewise, the Caterer is entitled to inform the Guest and EatsyBitsy.com of the exceptional reasons for the inability to deliver the order or limitation of the ordered quantity.
- The prices are expressed in kunas (HRK), contain VAT, are valid for all payment methods at the time of purchase and are determined by the Caterer and displayed within the ad on the EatsyBitsy.com website. The price is determined for each product individually. Regardless of the fact that the price tagging process for each product is subject to the multiple levels of control, the potential for error exists because it is a human factor, and by its nature it cannot be done with automatic input. Such situations are exceptional and beyond the influence of the Service provider, and the Service provider apologizes in advance to the Customer as he shall inform the Customer about the incident, the wrong price for the product and the inability to deliver on a specific order of the Customer. The price quoted on the Caterer’s ad.
- No additional costs or fees are charged for placing orders online. The price quoted on the Caterer’s ad is the price the Guest pays.
- The Service provider will periodically, at its discretion, or upon the Caterer’s instruction, place certain products on an action sale. These products will be available under the same conditions to all guests or will be available to guests of the specific, accurately specified groups. The terms of the action sale will be described in detail, especially the duration of the action sale, the quantity limitation, the discount amount, etc. After the expiration of the action sale period, the Service provider will not receive new orders under the terms relating to the action sale expired.
- EatsyBitsy.com provides the price for card payments and/or through the so-called pre-paid cards or accounts on EatsyBitsy.com which allows purchase of the selected products by paying directly online:
- Payment by credit cards in one-off payment or on a rate (American Express, Visa, MasterCard, Diners and Maestro);
- Pre-paid payment either through the so-called ‘loyalty card’ or thorugh a special account created for the Customer;
- EatsyBitsy.com offers customers a simplified credit and debit card payment process. When buyer enters the information about his card, process is activated in which the buyer’s personal data (address, card number) will be stored at Web Studio d.o.o. (WS Pay) of the EatsyBitsy.com processing and charge service provider the data is stored in accordance with PCI DSS certification, the highest level of protection and retention of confidential data. EatsyBitsy.com does nothave this data at any time. Data is activated by Web Studio d.o.o. only when the Guest at the next purchase asks for it to process a specific transaction.
- The Guest always has the option of canceling the option to store this data by simply clicking on the “Remember my data” field within his user profile, after which the Web Studio d.o.o. will delete the saved data and the Guest will enter the data independently during the next purchase.
- I the event that he Guest is unable to receive a shipment at the specified delivery address at the time of delivery or if the Guest after the confirmed order does not arrive at the time at the Caterer’s facility, it will be considered that the Guest have withdrawn from the order/reservation, without the right to as refund up to then paid amount on behalf of such delivery or order as well as the obligation to compensate the damage caused by such treatment of the Guest to the Caterer and/or the Service provider.
- If such a situation repeats multiple time with the same Guest, EatsyBitsy.com and the Caterer are entitled to reject the order of such Guest and his user profile will be removed from the EatsyBitsy.com platform.
- Communication languages at Eatsy-Bitsy.com are Croatian and/or English.
- The photo of the product/service shows the approximate appearance and the way of using goods and services and the presentation of the product as provided by the Service provider. The photo does not represent the details of the specific product that is delivered to the Guest, therefore the Service provider recommends that the composition of the dishes listed on the EatsyBitsy.com website should be reviewed at the time of selection.
- If the food is delivered to the address of the Guest, the Guest is entitled to refuse receipt if the package is damaged and to ask the delivery person to return the product to the Caterer and inform the Service provider at email@example.com. Otherwise, it is considered that the Guest has taken the product with undamaged package and no complaints.
- If the Guest has complaints to the quality of catering services, such complaint is solved directly by the Caterer.
- The contract(s) that Eatsy-Bitsy.com users conclude with the Service provider are agreements on the use of the Service, within which the Contract of Sale of Products or Services that were consumed by delivery of goods or services by the Customer and paid by Guest. The Terms are an integral part of these contracts. The products that the restaurant delivers on the order of Eatsy-Bitsy.com are in the category of products and services for which the Consumer Protection Act excludes the right to unilaterally terminate the contract because it is a perishable goods or goods that quickly expose the time of use (food, drink).
- Any objections related to the order or payment itself, or any part of the information service provided by the Service provider, may be made by any user by telephone to the indicated telephone numbers or by mail at firstname.lastname@example.org. Eatsy-Bitsy.com will 9confirm receipt of such complaint without delay and replay in accordance with the applicable consumers protection provisions must reach within 15 (fifteen) days of receipt of the complaint.
- All objections or complaints related to the provided catering service are not the subject to the activities of the Service provider, and the Guest and the Caterer are solving them among themselves. The Service Provider will comply with their agreement to such a complaint, since the Service provider is not competent to resolve such objections or complaints, nor he is entitled to do so.
Intellectual property rights
- The Consumer of the Service will not, alone or by giving the power to the third party, use Eatsy-Bitsy.com characters, trade name, trademark, name of any product and/or service that is part of the Eatsy-Bitsy.com, including the names of the Internet domains, URLs, or any part thereof, beyond the scope and purposes specified in the Terms, as well as any tags and annotations on the Eatsy-Bitsy.com website.
- The Customer of the Service will not change any logo, product/service label, photographs, pricing, and other proprietary tags that appear on Eatsy-Bitsy.com.
- In accordance with the fact that the Service Provider does not submit the data of the Customer of the Service to the Eatsy-Bitsy.com site, the Service provider is not liable if the data, images and other elements of the website infringe someone’s intellectual or copyrights.
If you think that someone is violating your rights or violating the right of the third party, please notify Eatsy-Bitsy.com at email@example.com
- Eatsy-Bitsy.com reserves the right to reset unverified user accounts or accounts that are inactive for a longer period of time and to remove ads that are unacceptable for publication under the Eatsy-Bitsy.com or legal criteria.
Confidentiality and protection of personal data
- The Service provider is hereby authorized by the Customer to collect, store, process and evaluate all the data on the Customer and the course of sale, in accordance with the applicable personal data protection regulations, for the sole purpose of exercising rights and duties under these Terms, as well as providing information society services in an appropriate and lawful way.
- All Customer data shall be kept and processed by the Service provider as strictly confidential.
Safe transfer of personal data
- The process of entering and transferring personal data and credit card information is being protected by the highest security standards provided by WSPay system for credit card authorization, in accordance with the requirements of credit card companies and PCI DSS standards. Authorization and charging of credit cards is being done through the above mentioned WSPay system in real time.
- Eatsy-Bitsy.com uses WSPay system for all online payments. WSPay represent a secure system for online and real time payments, by credit and debit cards and other means of payment. It ensures a secure input and transfer of Customer’s data and credit card information, which is confirmed by a PCI DSS certificate. WSPay uses a SSL certificate of 256 encryption nad TLS 1.2 cryptography protocol, as one the highest and most secure measures of data protection.
- In case any provision of these Terms is becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that case, the parties will replace the invalid provision with a valid one, or the one that best suits the purpose of the Information Service Provision Agreement.
- Disputes that may arise due to the use of these Internet sites (unless otherwise specified by a special agreement) shall be under the jurisdiction of the competent court in Zagreb and shall be resolved in accordance with the applicable regulations of the Republic of Croatia. By using this Website, the Customer agrees that any dispute or claim arising out of or in connection with these Terms, or in connection with their enforcement, falls within the jurisdiction of the Court in Zagreb.
These Terms shall enter into force on the day of commencement of the provision of information society services via Eatsy-Bitsy.com website and mobile applications and being applied with the content posted on the Website.
In Dubrovnik, January 12, 2018.