Clause 1 Scope
The following conditions apply to the use of the website and the gastro platform of 4yourguests (hereinafter referred to as "website" or "platform"). In order to use the website and our platform, it is important that, as a user, you accept the following provisions.
The subject matter of 4yourguests is the following:
4yourguests simplifies a wide range of daily tasks
so you can concentrate fully on your role as a host - and all completely free of charge.
Digital guest registration
Check in & check out fully hygienically and contactless via QR code.
simple, contactless and hygienic. Easily accessible via QR code. Offers can be adapted quickly and flexibly in real time.
Online food ordering
Practical ordering function. Guests can order their favourite dishes online for collection. More sales without time-consuming accepting of orders over the phone.
User-friendly and uncomplicated table reservation for guests using a ready-made form, with simultaneous availability display.
Clause 2 Contact details and legal information
If you have any questions about our website, you can contact us using the following contact details:
EM Group Nederland BV
5384 VT Heesch
Telefoon: 0900 - 373 0 373
Director: Anneli Bell
Clause 3 Availability of the website and our platform
4yourguests has an availability of 24 hours a day. However, there may be times when there are interruptions in availability due to maintenance that is required for the system. Interruptions in availability may occur due to force majeure or other causes for which we are not responsible, such as wilful intent or gross negligence.
EM Group Nederland BV would like to point out:
that it is technically impossible to make the website and our platform available free of errors of any kind and that EM Group Nederland BV therefore assumes no responsibility for this,
that errors may temporarily shut down the website and our platform,
that the availability of this website and platform depends on conditions and services beyond the control of EM Group Nederland BV, such as transmission capacities and telephone connections between individual participants. We are not responsible for any disruptions in this area
EM Group Nederland BV offers a so-called gastro platform under the brand name 4yourguests on the website.
The use of this platform is voluntary and only based on your consent. By entering your email address and address, as well as telephone number and sending it to EM Group Nederland BV, you give your consent to the collection of data.
We collect the data of your customers on your behalf. We will only process the data for you for the purposes specified under Clause 1 and will not pass it on to third parties. By sending your data to us, you become bound to the attached order processing contract with us.
Clause 5 Electronic communication/newsletter
When you use a 4yourguests service or send us emails, text messages or other communications from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in various ways, e.g. via email, text message or by publishing electronic messages or other communication on our website or as part of other 4yourguests services. For contractual purposes, you agree to receive electronic or telephone communication from us and that all consents, notifications, publications and other communication that we communicate to you electronically do not require a written form, unless mandatory legal regulations require another form of communication.
The sending of newsletters is based on your prior consent. You can object to the sending of newsletters at any time by sending us a message via our unsubscribe button that you no longer wish to receive newsletters. You can also object to the sending of newsletters by notifying us via this link: email@example.com.
Clause 6 Copyright and database rights
All content included in or provided by a 4yourguests service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of 4yourguests or of third parties who supply the content or make it available on the website and is protected by Dutch copyright law and database law.
The entire portfolio of content that is contained in or provided by a 4yourguests service is also the exclusive property of 4yourguests and is protected by Dutch copyright law and database law.
You may not systematically extract and/or reuse parts of a 4yourguests service without our express written consent. In particular, you may not use any data mining, robots or similar data collection and extraction programs to extract any essential parts of a 4yourguests service for reuse (regardless of whether one time or repeatedly) without the express written consent of www.4yourguests.com. Furthermore, without the express written consent of www.4yourguests.com, you may not create and/or publish your own database that contains essential parts of a 4yourguests service.
Clause 7 Patents
All patents pending on 4yourguests are also applicable to all services and other 4yourguests products. It may be the case that the respective patents are operated under one or more patents.
Clause 8 Your account
Access to some services on the website and our platform requires the creation of an account.
The creation of an account is only permitted to persons of full legal capacity who are provided with the registration form on the www.4yourguests.com website.
The user undertakes not to provide any false information about themselves. Furthermore, the user undertakes to regularly check their information to ensure that it is correct.
When you use a 4yourguests service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices. To the fullest extent permitted by applicable law, you agree to be responsible for all activities carried out using your account or password. You should take all necessary steps to ensure that your password is kept secret and stored securely and you should inform us immediately if you have any cause for concern that a third party has gained knowledge of your password or that the password is being used without authorisation or if this is likely. It is your responsibility to ensure that the information you provide to us is correct and complete and that you notify us of any changes to the information you provide. You can view and update some of the information you have given us on our website.
Users can change their user name and password at any time.
You may not use a 4yourguests service in a way that is intended to interrupt, damage or otherwise impair the services or access of 4yourguests.
Furthermore, you must not use 4yourguests' services for any fraudulent or criminal offence, illegal activity, harassment or inconvenience.
We reserve the right to withhold the services on the website or to close member accounts. This applies in particular in the event that you violate current law, contractual agreements or our guidelines.
Users of this website can delete their account at any time by sending a message to firstname.lastname@example.org. The user's account will be deleted after the user has sent the email. The contents of the account are anonymised at the time of deletion and used by 4yourguests for statistical purposes without reference to your person.
Clause 9 Claims based on intellectual property rights
4yourguests respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a manner that gives rise to suspicion of infringement, please follow our infringement notification procedure on www.4yourguests.com.
Clause 10 Liability
We always strive to ensure that the services of 4yourguests are available without interruption and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to 4yourguests services may occasionally be interrupted or restricted in order to enable repairs, maintenance or the introduction of new facilities. We try to limit the frequency and duration of any such temporary interruptions or restrictions.
4yourguests has unlimited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by 4yourguests or a legal representative or agent of 4yourguests.
Furthermore, 4yourguests is liable for the slightly negligent breach of essential obligations. Essential are obligations comprise the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you regularly trust. In this case, however, 4yourguests is only liable for the foreseeable, contract-typical damage. 4yourguests is not liable for slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of 4yourguests is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Clause 11 Links to other websites
In the case of links that are not operated by EM Group Nederland BV but are present on its website, we have no way of checking the content of these websites, as they are completely independent of us.
For this reason, we are not responsible for the content of these websites and the consequences of their use by visitors to them. Accessing any websites accessible via links is at your own risk. There is no separate notice when users leave the website. However, we request that you inform us immediately of any illegal or dubious content on any linked website.
Other websites may have a link to the websites of EM Group Nederland BV. Such a link requires our prior consent.
Clause 12 Data protection/Cookies
Data and information about visitors and users (date, time, page accessed) can be stored from accessing the server. We would like to point out that - without consent - no personal data (e.g. name, address or email address) will be stored.
Should personal data be collected, we undertake to obtain the prior consent of the website user. It will only be passed on to third parties in accordance with applicable statutory provisions or if the visitor or user has given their prior consent.
We would like to point out that transmission of data on the Internet (e.g. by email) can have security gaps. Subsequently, a fault-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this respect.
Users have the right to information. You have the right at any time to receive information from us about your data in full and free of charge.
Furthermore, users have the right to have data corrected/deleted and its processing restricted.
By using cookies, users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).
You can object to the storage of cookies; a banner is available for you to reject/accept.
Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions for blocking and deleting cookies can be found in the help function of your browser or software provider.
Further information on data protection can be found under https://www.vega-direct.com/nl-nl/klantenservice/bedrijfsgegevens/privacybeleid/.
Clause 13 Discussion forums
Insofar as EM Group Nederland BV offers discussion forums temporarily or permanently on its website, participants in the discussion forums are expected to observe the usual rules of communication such as mutual respect. Visitors may not distribute or post any offensive, possibly degrading, foul, indecent, defamatory or obscene materials, or materials that infringe the intellectual property rights of third parties.
Clause 15 No waiver
Clause 16 Minors
The use of our website is only permitted for persons of full legal capacity. If you are under 18 years of age you are not allowed to use 4yourguests. The provider of the website is entitled at any time to ask the user to prove that they have reached the age of eighteen.
Clause 17 Place of jurisdiction and applicable law
For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention.
The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
Clause 18 Final provisions
The contract language is English.
The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. If this should occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.