The 11810 Web Site is comprised of various Web pages operated by Athina Limited. The Web Sites are offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the 11810 Web Sites constitutes your agreement to all such terms, conditions, and notices. Use of the 11810 reservation system and network is guaranteed to bring about improvements in bottom line profitability and a great return on investment for smart thinking restaurant operators Any attempt to use the system in a manner not authorised or any attempt to alter, destroy or damage any Information contained within it may constitute a breach of the provisions of the Computer Misuse Act 1990 and/or other legislation and shall leave the user liable to both criminal and civil proceedings. It is strictly forbidden to attempt to access the system using any third party's logon identity. Anyone using the system consents to active monitoring for security policy compliance purposes.
11810 is provided as a service of Athina Limited. For the purposes hereof, 11810 and Athina Limited are collectively referred to as the "Company" or “11810”.
The Company provides an online web application for restaurant owners who have registered with and paid a fee to the Company (each, a "Restaurant") to manage reservations, table inventory, and guest contact information from any web-enabled device and to provide restaurant consumers (each, a "Guest") with a fast, friendly way to search and reserve tables from any web-enabled device. The Company does not sell any products and is not a party to any transaction or any agreement a Guest may make with a Restaurant with regard to any food, product or service offered by such Restaurant.
To access certain functions of the Sites, you must register as a User by providing certain current, complete, and accurate information about yourself. As part of the registration process, you will select a password and provide a valid email address as a User ID. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person's authorisation; or (iii) use a User ID in that the Company, in its sole discretion, deems offensive. Failure to provide any requested information may delay or prevent the creation of an Account. You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Sites and your use of services available on the Sites do not violate any applicable law or regulation; (d) you are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. You shall notify the Company of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or other information.
You are responsible for maintaining the security of your password. The Company is not liable for any loss that you may suffer through the use of your password by others. You agree to notify the Company immediately of any unauthorised use of your Account or of any other breach of security known to you with respect to the Sites or your Account.
You agree to report any violations of this Agreement by others to firstname.lastname@example.org
The Company does not sell, license or endorse any of the Restaurants participating or listed on the Sites and does not act as an agent of sale or an agent of any merchant or provider of food, products or services. The Company does not have and will not assume any responsibility for, or liability related to, any food, products and services offered, sold or provided by the Restaurants participating or listed on the Sites. You should direct any questions, complaints or claims related to any food, product or service to the appropriate Restaurant.
The Company does not warrant that products or descriptions, or any other content of the Sites is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and the Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Sites. The Company is not responsible or liable for any food, products, services, information or other materials displayed, purchased, or obtained by a Guest from the Restaurant or the Sites. The Company does not endorse, warrant or guarantee the food, products or services of any Restaurant, including, without limitations, any prices, promotions, programs, policies, services, or other information posted by any Restaurant.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts of any Restaurant on the Sites. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the food, products or services provided to you by a Restaurant.
Any information on the Sites can change without notice.
The Company assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, Restaurant's knowledge (or lack thereof) of any Guest's food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest's or any employee's behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
11810 will send email confirmations on behalf of restaurants to confirm or follow up on reservations or to request a review or follow up feedback. 11810 has the right to append at the bottom of any such email confirmations, and you consent to the placement of, a small branded advertising logo (hyper-linked) promoting 11810 or a 11810 partner business or website, this logo to be no larger than 800 pixels by 160 pixels.
The Sites may provide links to third-party web sites ("Third-Party Web sites"). This Terms of Service Agreement governs only these Sites and not any Third-Party Web sites. The Company's decision to link to a Third-Party Web site is not an endorsement of the content or services in that linked Third-Party Web site. The Company may not own or operate the Third-Party Web site, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Web sites. The Company expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Web sites. If you decide to access linked Third-Party Web sites, you do so at your own risk.
The Company reserves the right and the Users agree that any information in an Account designated as "Public" may be used by the Company for promotional uses. External search engines may also index such Public information.
Use of an Account does not grant a User a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account ("Software"); remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User's business or personal purposes only, as the case may be, and a User shall not use the Account or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a User's rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
The Users acknowledge and agree that any and all Company or Restaurant names and logos related to the Account and the Company or Restaurant and all related product and service names, design marks and slogans, are the property of the Company, the Restaurant or their affiliates or suppliers, as the case may be (collectively, the "Marks"). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Restaurant. The Users have no title or ownership in the Account, the Software or the Marks (other than their own Marks) and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company, the Restaurant or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). The User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part. By registering and paying for an Account, each Restaurant agrees and grants the Company the right to use for these Sites and other related purposes, all images, menus, logos, content and other information that may be found on the Restaurant's own web sites.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice. Payment for Accounts must be made by direct debit, credit or debit card at the time of registration of the Account. Any other payment arrangements must be made in advance between the User and an authorised Company representative. All fees paid to the Company for use of an Account are non-refundable.
The User may be charged a fee for setup on first registration and thereafter at a regularly recurring monthly billing cycle. All fees are subject to change without notice. By agreeing to these Terms of Service, the User authorises the Company to charge the monthly renewal amount by credit card or electronic funds transfer for the Account on the relevant anniversary date in advance of each monthly billing cycle, or the next business day available. The user reserves the right to remove the Card entered to the system at any given moment, provided that all balances towards www.11810.com.cy are cleared.
The Company, in its sole discretion, has the right to suspend or terminate any User's Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms of Service. Such a termination of a User's Account will result in the forfeiture and relinquishment of all content in said Account.
Users may cancel their Accounts at any time by giving one month’s notice using the account management options or by submitting a request in writing to email@example.com
The Company may delete any of a User's archived data within thirty (30) days after the date of termination.
All Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of a User's use of the Sites, the User's violation of this Agreement, or the User's infringement of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
When a diner makes a reservation at your restaurant through the 11810 website or through the call center, we will automatically notify you of that reservation. The notifications are sent as soon as the reservation is made. They are delivered via email, via fax, SMS and by verbal communication. The diner also receives a confirmation by email at the same time. SMS confirmations may optionally also be sent at the Restaurant’s cost.
When a diner makes a cancellation at your restaurant through the 11810 website or through the call center, we will automatically notify you of that cancellation. For accounts applied for and registered online only activation is free of charge. We will invoice you monthly in advance on the monthly anniversary date of the contract commencement. The charge will always be according to the option you selected on the contract signed with us.
The 11810 software and any other software or web sites that are made available to you by 11810 in connection with this Agreement ("Software") is the copyrighted work of 11810 and/or its affiliates, partners and/or suppliers. 11810 hereby grants to you, the user, a personal, non-transferrable, revocable, limited license to use the Software solely during the term hereof, solely as required to use the products and services provided under this Agreement("Service") pursuant to the terms hereof, and for no other purpose. By using the Software, you agree to be bound by the terms and conditions of this Agreement.
Please note that all Software, including without limitation all HTML code, controls and other scripts and all intellectual property rights of any kind contained therein, and any improvements or modifications thereto, is owned by 11810 and/or its partners or suppliers and is protected by copyright laws and international treaty provisions. Law expressly prohibits any other reproduction or redistribution or use of the Software other than as expressly authorized herein. Without limiting the foregoing, you may not reverse engineer, de-compile, disassemble, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Software, other than as expressly permitted by this Agreement. Any rights not expressly granted herein are reserved. 11810 may use the Restaurant's name and logo as a client reference, in its client list, case studies, and in other promotional information, including, but not limited to, press releases, brochures, and electronic media such as e-mail or web pages.
In the performance of this Agreement, 11810 may disclose, or the Restaurant may have access to, confidential or proprietary information owned by 11810 ("Confidential Information"). Confidential Information includes, but is not limited to, any data or information, oral or written, that relates to 11810 or its business activities, technology, developments, Software, methods, trade secrets or clients. Restaurants shall maintain the Confidential Information in strict confidence and shall not disclose to any third party, publish or copy any part of the Confidential Information. Restaurants shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement. Confidential Information does not include information that: (i) is publicly available or in the public domain at the time disclosed, (ii) is rightfully communicated to Restaurant by persons not bound by confidentiality obligations with respect thereto, (iii) is already in the Restaurant's possession free of any confidentiality obligations with respect thereto, or (iv) is required to be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Restaurant gives reasonable prior notice to 11810 to contest such order or requirement. Upon the termination or expiration of this Agreement, or at any time upon request, the Restaurant shall return to 11810, or certify the destruction of, all Confidential Information.
You acknowledge that 11810 makes no representations or warranties, express or implied, regarding the Service, Software or partner websites, including, without limitation, that any of them will be error free or operate without interruption, and all representations, undertakings, warranties, terms and conditions, whether express or implied, by statute, common law or otherwise, are excluded to the fullest extent permitted by law, including, without limitation, warranties of title, merchantability, accuracy or fitness for a particular purpose. Except as provided in this Agreement, 11810 shall not be liable to you for any claims whatsoever, including, but not limited to, those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. The pages contained in Network partner websites may contain technical inaccuracies and typographical and other errors. The information in these pages may be updated from time to time and may at times be incorrect or out of date. We accept no responsibility for keeping the information in these pages accurate or up to date or liability for any failure to do so.
11810 offers a one month rolling contract from the date of the Agreement. After the initial one month term, the Restaurant may terminate this Agreement by giving 11810 one months' notice of termination. Notice must be given in writing to 11810, P.O.Box 51674, Limassol, Cyprus 3035. Immediately upon issuance of notice of termination, any outstanding invoices come due and must be paid. 11810 reserves the right to terminate the Service and/or your use of the Service at its discretion without notice.
You shall be responsible for interest on all amounts owed 11810 hereunder which are overdue by more than thirty (30) days at a rate of the lesser of five and one-half percent (5.5%) or the maximum rate allowable by applicable law, and for any costs or expenses of 11810 in collecting any overdue amounts (including legal fees). On occasion 11810 will need to change the charges or the terms and conditions of a service covered by this agreement. We will publish details of all changes online at www.11810.com.cy
11810 will also let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least one month before it happens. We will let you know about other price changes and changes to the terms and conditions via email, by notice on your invoice or by an alternative method.
If we make a change to the price or the terms and conditions of a service which is to your material disadvantage, you will not have to pay an increased charge if you decide to end the service/contract early. However, once we have told you about such a change, you must let us know that you want to end that service within 10 days.
11810 will register The Restaurant on the basis of the information supplied by the restaurant. Following the successful subscription to the 11810 service by completing this form we will send you a series of pages containing all the information required in order to set The Restaurant up. Where further information is supplied by The Restaurant, the registration will be carried out accordingly. Where no further information is supplied, The Restaurant will be registered according to 11810 default templates.
11810 may at any time modify these terms and conditions. Any modifications will become effective by posting the modified terms and conditions on our website.
11810 will collect data from the Guest with the purpose of improving the booking service and to provide feedback to the restaurant. The data will also be used to present a quality index for the restaurant industry. The guest data for "opted in" guests will belong to the Restaurant not 11810 where guests book through the restaurant web site or facebook page.
Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations (other than your payment obligations) are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.
The laws of Cyprus govern this Agreement. You hereby consent to the exclusive jurisdiction of the Cypriot courts in all disputes arising out of or relating to this Agreement. 11810 may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that the parties hereto are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and 11810 as a result of this agreement.
Where 11810 and a Restaurant enter into a formal written contract the terms and conditions of that contract will over-ride any terms and conditions for an online agreement as above.
Under no circumstances will the company be liable for any injuries, death, loss or damage caused by your use of the sites, including any software, materials, content, food, products and/or services provided or use or reliance on information obtained through this sites. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the sites and the resources, materials, content and software provided therein. In no event shall the company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the sites or this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the company's liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with the web sites is to stop using the web sites.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITES. NONE OF THE COMPANY PARTIES WARRANT THAT THIS WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITES OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITES AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of the Users' transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users' Accounts; or (vi) any other matter relating to the Accounts. In the event that notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for his/her/its Account.
The User agrees that their use of the Accounts is at their sole risk. The service is provided on an "as is" and "as available" basis.
The User must not modify, adapt or hack the Accounts or modify another web site so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.
The Company may, but have no obligation to, remove content, and Accounts containing content, that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination. The User understands that the technical processing and transmission of the Accounts, including their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The User must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. The User must not transmit any worms or viruses or any code of a destructive nature. The Company does not warrant that (i) the Accounts will meet the User's specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any food, products, services, information, or other material purchased or obtained by the Users through the Sites will meet their expectations, and (v) any errors in the Accounts will be corrected. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superseding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Unless otherwise provided, the Terms of Service shall be governed by the laws of Cyprus without effect to its conflict of law's provisions.
Claims, disputes or other matters in question between the parties to the Terms of Service arising out of or relating to the Terms of Service or breach thereof shall be subject to and decided by binding arbitration in accordance with the rules of the Arbitration (Cyprus) Act 2010 currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Terms of Service shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Terms of Service, except by written consent of the Users, the Company and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be binding and final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that in the event any such dispute proceeds to arbitration, the prevailing party will be entitled to recover, as part of the arbitration award, its reasonable legal fees and costs incurred in the arbitration, at the discretion of the arbitrator. Said arbitration shall be held in Edinburgh, unless a different location is agreed to in writing by all parties.
If any term of the Terms of Service is deemed unenforceable or invalid by a tribunal with valid jurisdiction then the finding of unenforceability or invalidity of that part shall not affect the remaining portions of the Terms of Service which shall remain in full force and effect.
The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.
Questions about the Terms of Service should be sent to firstname.lastname@example.org