Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AIRDINE APPLICATION.
These General Terms and Conditions (the “Terms”) are issued by AirDine AB, 556993-0323, Tredje Långgatan 9, 413 03 Gothenburg, Sweden, (“AirDine”,“we”, “us” or “our”).
AirDine provides information and a means to obtain dining services offered by third party providers (“Hosts”), to be found by using the application provided by AirDine and downloaded and installed by you on your individual mobile device (the “Application”). More information can be found at the website www.airdine.com.
AirDine reserves the right to, at any time, change these Terms. You undertake to respect and comply with the Terms, as applicable from time to time.
If you do not agree to follow our Terms, you may not use the Application. You shall then immediately remove the Application from your mobile device(s).
How do you enter into an agreement with AirDine?
By using the Application you agree and declare yourself bound by these Terms which constitute an agreement between you, (the “User”) and AirDine. If you are a User who also provides dining services, you are specifically called a Host.
To avoid misunderstandings: AirDine do not provide dining services. The Host(s) provides dining services, which can be looked up by the User through the use of the Application. AirDine only acts as an intermediary between the Host and the User. The dining service provided by the Host to the User is an agreement to be entered into between the Host and the User. AirDine will never be a party to such an agreement.
In order to use the Application you must first register with AirDine. When you register, you must provide AirDine with your name and a functioning e-mail address, as well as your credit card details (or the equivalent payment information) and, if you are a Host, your bank account number (or the equivalent information for receipt of payments). You may also voluntarily fill in other personal information, such as your address or your telephone number. Once you have registered, AirDine will provide you with a personal account which you can access with a password of your own choosing.
You must be at least 18 years old to use the Application. If you live in a jurisdiction that restricts the use of the Application due to age, or restricts the ability to enter into agreements such as this one due to age, the age limit of the local jurisdiction must be followed.
Your use of the Application
You warrant that the information you give AirDine is accurate and complete. AirDine has the right at any time to verify the information you have provided. By using the Application you agree to the following:
- You will only use the Application for your own personal use and you will not allow others to use your account.
- You will not use an account that is subject to any rights of another person than yourself, without appropriate permission.
- You will not use the Application for illegal purposes, including, but not limited to, sending or storing illegal material, such as obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights, or for fraudulent purposes.
- You will not use the Application to send spam, or duplicative or unsolicited messages in violation of applicable laws, or otherwise to cause inconvenience or annoyance.
- You will not impair the operation of, or otherwise try to harm, the Application.
- You will not copy or distribute the Application or any AirDine content without the written consent of AirDine.
- You will keep your account password and any identification we provide to you which gives you access to the Application secure and confidential.
- You will only use access points or 3G data accounts that you are authorized to use.
- You will not use the Application with an incompatible or unauthorized device.
- You will comply with all applicable laws in the country, state or city that you currently are in when you use the Application.
AirDine may involve and cooperate with the authorities for the enforcement of laws to prosecute a User who violate these Terms. You acknowledge that AirDine do not have any obligation to monitor your access to or use of the Application, but has the right to do so in order to run the Application, to ensure that you follow these Terms or any applicable law.
AirDine reserves the right at any time and without notice, remove, or disable access content that AirDine believes to violate these Terms, applicable laws, or otherwise is harmful to the Application.
Special responsibilities of Hosts
It is the sole responsibility of the Hosts to comply with all applicable laws and regulations in the country, state or city were the dining services are being provided. Special attention shall be given to any applicable tax-, alcohol- and food regulations.
The Hosts are responsible for paying (if applicable) any income tax, VAT, social security contributions and all other taxes which the Hosts may have to pay for providing the dining services, regardless of where the tax obligation arises.
It specially noted that AirDine is not responsible for any permits required for serving alcohol at the dinners provided by the Host.
Payment processing services for guest/host on AirDine are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a guest/host on AirDine, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of AirDine enabling payment processing services through Stripe, you agree to provide AirDine accurate and complete information about you and your business, and you authorize AirDine to share it and transaction information related to your use of the payment processing services provided by Stripe.
The use of the Application is free of charge.
Attending a dinner at a Host requires prepayment to the Host. AirDine levy a surcharge on all dining services that the Hosts provide. You agree to pay for all dining services that you purchase from the Hosts. AirDine will automatically deduct the surcharge from your payment of a dinner (including any taxes).
AirDine uses a third party to provide a complete payment solution to link your credit card account to the Application. Processing of payments or credits, whichever is applicable, in connection with your use of the Application will, in addition to these Terms, be subject to the provisions, conditions and confidentiality provided by the supplier of the payment solution and credit card issuer. AirDine is not responsible for errors caused by the supplier of the payment solution. In connection with the use of the Application, AirDine will obtain certain transaction details. Such details will be handled by AirDine in a confidential manner.
Indemnification and limitation of liability
By accepting these Terms and by using the Application you agree to indemnify and hold AirDine, its affiliates, licensors, and all their employees, officials, other users, attorneys and agents harmless and innocent and against all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) breach or violation of any provision of these Terms or any other applicable law or regulation, whether mentioned herein or not,
(b) violation of rights of third parties, and
(c) abuse of the Application.
The information and recommendations that you get on or through the Application is only general information and AirDine will, to the extent reasonable, keep the Application accurate and up to date but do not guarantee that (the contents of) the Application is free of errors, defects, malware and viruses and that the Application are accurate, updated and correct.
AirDine is not liable for damages arising from the use of (or inability to use) the Application including damage caused by malware, viruses except if such damage is caused by gross negligence by AirDine.
The qualities of the dining services provided by the Hosts are entirely the Host’s responsibility. AirDine does not assume any responsibility for the dining services provided by the Hosts, or any actions of the Hosts. All complaints regarding the dining services provided by the Hosts should therefore be directed to the Host.
However, Users may rate the performance of individual Hosts and such information will be available to all users of the Application. In addition, we appreciate any feedback you may provide us regarding the functions of the Application, the performance of individual Hosts or if a Host fails to deliver the agreed dinner service.
AirDine is not responsible for any damage to personal property or for personal injuries or death resulting from using the dining services provided by the Hosts.
License and copyright
If you agree to these Terms you are granted a limited, non-exclusive, non-transferable license to use the Application on mobile device(s) that you own or control, and using such copy/ies of the Application only for your personal use.
You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Application.
AirDine respects copyright law and expects its Users to do this as well. It is AirDine’s policy, where appropriate, to terminate Users who infringes or is believed to be infringing copyrights.
Intellectual property rights
AirDine alone have all the rights, including all related intellectual property rights to the Application and its content.
These Terms do not constitute a sale and does not give you any ownership rights or related to the Application or any intellectual property rights owned by AirDine.
Agreement duration and termination
The agreement between you and AirDine is concluded for an indefinite period of time.
You have the right at any time to terminate the agreement with us by deleting the Application installed on your mobile device, thus disabling the use of the Application.
AirDine has the right to at any time terminate the agreement with you with immediate effect if you violate or breach any of these Terms or, according AirDine’s opinion, abuse the Application, or if AirDine decides to no longer provide the Application.
When you are accessing our web site or using the Application AirDine may collect and process data about you. The collected data will be processed in accordance with the Swedish Personal Data Act (Sw. personuppgiftslagen (1998:204)).
AirDine will collect information for registration purposes (as outlined above), about how you use the Application, content that you access, technical errors or problems which the Application may encounter in connection with your use, as well as any data that you provide in the Application.
When you use the Application’s feature for searching adjacent, we use available geo-location data from your device using GPS or cellular network data to determine dining opportunities near your location. This data may be used to show your precise or approximate location. Such information is used for locating dining opportunities for you.
AirDine may collate User data and provide such data to third parties. User data will, however, only be provided to a third party after all references to individual Users have been removed.
In addition, your data may be provided to the local authorities if part of an on-going criminal investigation.
Your data will be stored during your use of the Application. It will be deleted upon your termination of the Application or kept for as long as necessary to ensure that all transactions for dinner services pertaining to you have been completed.
By using the Application, you consent to the collection and processing of personal data in accordance with the above and you acknowledge that this data is collected automatically.
These Terms are governed by and construed in accordance with the laws of Sweden.
These Terms were issued on 18th of October 2015.