(Revision date: 23 May 2018)
The effective version of these Terms and Policy can be found on the PERE Platform.
These Terms and Policy create a contract (the “Agreement”) between you (the “Restaurant”), as defined below, and us (“PERE”, “we”, “us”, “our”). By signing up or otherwise using PERE services (the “Services”), as defined below, you are entering into a binding contract with PERE ApS, Fruebjergvej 3, DK-2100 Copenhagen.
You agree that you have read and understood these Terms and Policy and accept them. If you don’t agree and cannot accept all the terms and conditions of this Agreement, you shall not use the any of these Services.
“The Restaurant” means a company who has created an account with PERE to have access to our Platform and use our Services.
“PERE Platform” means the application platform through which reservations at the Restaurant are made.
“Cover” means one place-setting at the Restaurant table, or one order of takeaway from the Restaurant.
“PERE fee” is a charge the Restaurant pays to PERE for each cover that is booked through the PERE Platform.
“Services” mean services providing by PERE to the Restaurant pursuant to this Agreement, as set out in the section SERVICES.
“Supplier portal” means a section on the PERE Website where the Restaurant can create and modify its profile on the PERE Platform, and affiliate payment schemes.
“PERE Guest” is a person that books a table or orders takeaway through the PERE Platform.
“PERE Website” means a website operated by PERE and located at http://www.pere.com (PERE Platform operates together with the PERE Website.)
We provide the Restaurant with a solution to fill its empty seats and manage reservations by using our Platform as well as with possibility to promote its business on the PERE Platform.
The Restaurant is obliged to upload all required information to the PERE Platform. We will access the Restaurant information and reserve tables through various third party APIs. We will ensure that all required information about the Restaurant is filled in the API’s.
REGISTRATION/ USE OF PERE PLATFORM
The Restaurant shall use the Platform in a manner that complies with the technical and implementation requirements provided by PERE.
As part of the registration on our Platform, the Restaurant shall provide all necessary information requested during the registration process. By agreeing to these Terms and Policy you represent and warrant that: (i) you are of legal age to form a binding contract; (ii) you are an authorized representative of the Restaurant; (iii) all information provided during registration is true and correct, and (iv) you agree to be bound by these Terms and Policy.
After the registration process is complete, PERE will review the information submitted by the Restaurant. PERE reserves the right to approve or deny use of the Service for the Restaurant and/or its parent entity at its sole discretion.
The Restaurant can use the Supplier portal to create a business profile and set PERE fees for the duration of the Agreement. The Restaurant agrees to comply with restrictions, limitations or conditions as may be specified from time to time within the Supplier portal or imposed by the Supplier portal with respect to the Restaurant. While the Restaurant may be permitted to change the parameters of the PERE fees in certain ways after publishing a payment, the Restaurant must honour any PERE fee as set in the PERE Platform.
The Restaurant shall operate according to PERE Terms and Policy, and agrees to:
- grant PERE and its partners a royalty-free license to use any of the information, trademarks or images provided on the Supplier portal in order to fulfill their obligations under this Agreement;
- ensure that all information about the Restaurant uploaded to the Supplier Portal is true and accurate in all respects and could not in any way be construed as misleading;
- provide to PERE Guests only goods and services that are of a satisfactory quality, fit for purpose and correspond with their description;
- provide services to PERE Guests using all reasonable care and skill;
- deal with all PERE Guests in a professional and courteous manner;
- deal with all queries from PERE relating to a booking in a prompt and satisfactory manner.
BILLING AND PAYMENT
PERE will charge the Restaurant on a monthly basis for all Billable Covers, defined as the number of Covers Validated during the month-long period agreed between PERE and the Restaurant (the Billing Month). The Restaurant’s Billable amount will be calculated as the number of Billable Covers multiplied by a price per cover as detailed on the PERE supplier portal Website (Price Per Cover). This is summarised below:
Billable Amount = (Validated Covers) * (Price Per Cover)
The restaurant will receive a monthly invoice for the previous month Billable Covers to its email address registered in the Restaurant profile. Payment terms are listed on the invoice.
Any amounts not paid when due in accordance with this Agreement and the payments terms will bear interests until paid unless otherwise governed by local laws. Failure to pay may result in the immediate suspension of the Services. Any such debt may be handed on to a debt recovery agency, whereby the Restaurant will still be charged and will be liable to pay an additional twenty percent (unless otherwise governed by local laws) of the invoice value (plus VAT) to cover debt recovery costs.
For the avoidance of doubt, there will be no subscription fee, or setup fee for using the PERE Platform, and Restaurant will only be charged per Billable Cover.
By using our Services you agree on our no-show policy. The Restaurant agrees to cancel all no-show bookings no later than 72 hours after it becomes aware of such cancellation. If the Restaurant fails to cancel the no-show reservations within 72 hours, PERE reserves the right to charge for the delay.
All no-show cancellations must be made through the PERE Platform.
The Restaurant agrees not to disclose PERE confidential Information without PERE prior written consent either during the term of this Agreement or thereafter.
PERE confidential Information includes without limitation: (i) all PERE software, technology, programming, specifications, materials, guidelines and documentation relating to the Services, including the existence and content of this Agreement and any information provided pursuant to the Agreement; (ii) any statistics relating to the performance of the Services; (iii) any information designated in writing by PERE as “Confidential” or an equivalent designation; (iv) any confidential information relating to the other party’s affairs receiving because of this Agreement or otherwise and (v) any other information that a reasonable person would expect it to be confidential because of the nature of the information.
PRIVACY AND DATA PROTECTION
The privacy is of the utmost importance to PERE and we take our commitment to protect seriously personal data that we use, process and store. PERE only processes personal data in accordance with the terms of applicable law and for the purpose for which the data is being obtained. That is important that you do take the time to read about our privacy carefully.
When you create PERE account, we may ask you to provide us with some personal information, such as name, email, password and/or telephone number. We process this information in order to sign you into our Platform and give you access to our Services. The legal ground for processing this information for this purpose is based on PERE legitimate interest in protecting the security of the account as well as providing you with the Services pursuant to this Agreement. You may always request in writing to take part of their personal data, regardless how those has been collected, and are entitled to, at any time, request the rectification, blocking or deletion of data. We will retain your personal data as long as your account is considered to be active, or the processing is necessary for the compliance with a legal obligation to which PERE is subject.
The Restaurant shall ensure that personal data obtained from PERE is processed properly and in compliance with applicable law. The Restaurant must only process data during the term of this Agreement and on written agreement with, or documented instruction of PERE. The Restaurant shall ensure that the data entrusted is not used for other purposes or processed in any other way than as agreed with the PERE, including transfer of the data to a third country or an international organisation. If the Restaurant deems an processing of personal data to be in breach of law, the Restaurant shall promptly inform PERE accordingly.
The Parties record that each Party has prior to the Agreement created, acquired or otherwise obtained rights to its own Intellectual property. Each party shall for the duration of the Agreement and thereafter retain the ownership of its own Intellectual property. Any developments, modifications, improvements or enhancement to a Party’s Intellectual Property arising from the Agreement will remain the property of that party.
Both parties agree that the material, features, information, including, but not limited to, marketing, branding and menu assets that are uploaded to or published on the PERE Platform and Website belong to PERE and protected by copyright, trademark, patent, and other intellectual property laws. PERE and its partners have full rights to use this data as they see fit, particularly on the PERE Platform, and/or any relevant partner’s websites or apps, in order to fulfill the Services. For the avoidance of doubt, this expressly includes images.
Neither party shall alter or remove any on-screen or printed copyright or trademark placed or required by the other party with respect to the use of its intellectual property as provided following this Agreement.
PERE and its partners shall in no event be liable for: (1) death or personal injury caused by its negligence or the negligence of its employees or agents; (2) fraud or fraudulent misrepresentation excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.
Subject to the above, in no event shall either party be liable for any: (1) consequential, indirect, punitive or special damages whatsoever; (2) loss of revenues; (3) business interruption or loss of information; (4) loss of reputation or similar arising out of this Agreement, even if such party has been advised of such damages.
Subject to the above, PERE’s total aggregate liability under this Agreement (whether occurring through negligence, breach of contract or any other reason) shall not exceed the total amount paid or payable by the Restaurant to PERE under this Agreement in the 6 months immediately preceding the event giving rise to the claim.
TERM & TERMINATION
Either party may terminate this Agreement any time by written notice to the other party. PERE may terminate or suspend any or all Services, and/or access to the PERE Platform immediately, without prior notice or liability, if the Restaurant breach any of the terms and conditions of this Agreement.
Upon termination of this Agreement, the Restaurant’s right to use the Services will immediately cease and PERE will remove all the Restaurant’s information from the PERE Platform within 10 days of such a request.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, intellectual property and limitation of liability.
The Restaurant will still be liable for any Billable Covers that have not been paid and the Restaurant must honour any PERE bookings which have been issued prior to the termination.
We may update these Terms and Policy in our sole discretion. We will post such revised Terms and Policy on the PERE Platform. If these changes are material and, where required by applicable law, we will obtain your consent by sending you a notice via email.
Any changes will become effective upon our posting of the revised Terms and Policy on the PERE Platform. By continued using the Services following changes to these Terms and Policy constitutes your agreement to the revised Terms and Policy.
This Agreement shall be governed by Danish law. Any dispute arising in connection with this Agreement, that cannot be resolved by negotiations between the Parties, must be brought before the City Court of Copenhagen as the court of first instance.
The Restaurant shall be under obligation to notify PERE of any changes to the Restaurant’s address and contact details in writing.