TOS AGREEMENT

1. GENERAL PROVISIONS

1.1. This User Agreement (hereinafter - Agreement) refers to the Website, which is located at www.reservehall.com, and to all relevant websites related to address and referring to www.reservehall.com.

1.2. www.reservehall.com (hereinafter - the Website) is owned by Khalaim, Private Entrepreneur.

1.3. This Agreement regulates relations between www.reservehall.com Administration (hereinafter - the Website Administration) and this Website Users.

1.4. The Administration reserves the right to modify, add or delete paragraphs from this Agreement at any time without Users notification.

1.5. Website accessing means that User agrees with this Agreement and changes made to this Agreement.

1.6. The User is personally responsible for any changes check in this Agreement.

2. BASIC TERMS AND DEFINITIONS

2.1. www.reservehall.com. (the Website) - a website containing information about Ukrainian food restaurants, including restaurants, cafes, banquet halls of Ukraine, allowing to carry out a quick search of necessary restaurant for the festivities, special occasions, parties, banquets and other events celebration.

2.2. Banquet Order – festivity celebration order in one of the restaurants represented on the Website.

2.3. Website Administration - authorized staff, Website management, acting on behalf of Khalaim, Private Entrepreneur.

2.4. Website User - a person who has access to the Website via Internet and uses the Website. Website Users are divided into the following categories:

2.3.1. User - Client - a person who uses Website for banquet order in the desired restaurant.

2.3.2. User - Banquet Restaurant Manager (restaurant, cafe or any other restaurant represented on the Website) - a person authorized to accept orders on behalf of restaurants and command finance (administrator, director, owner, manager).

2.4. Website Content - intellectual activity secured results, including texts, restaurants’ names, annotations, articles, illustrations, cover pictures, music with or without lyrics, graphic, text, photography, derivative, composite and other works, user interfaces, visual interfaces, names of trademarks, logos, computer programs, databases, as well as design, structure, choice, coordination, appearance, common style and location of this Content, which is an integral part of the Website - intellectual property objects, collectively and/or individually contained on the Website.

3. SUBJECT

3.1. Subject of this Agreement is to provide Website users access to information about food restaurants in Ukraine contained on the Website.

3.1.1. Website provides for free to users of all categories the following services:

- access to the Website search and navigation means, access to information published on the Website;

- giving User the opportunity to post messages, comments, Users’ reviews, places visited by the User – Client rating making;

- access to the information about places displayed on the Website;

3.1.2. In addition, under this agreement terms the Website provides User – Restaurant Banquet Manager the following facilities (services)

- place for posting information about Ukrainian restaurants, cafes, banquet halls and other similar places.

- personal page for each place which can completely replace the restaurant's Website, doesn’t require its promotion and advancement on the Internet by the restaurants’ representatives, as well as technical support, because it is provided by www.reservehall.com Website administration.

- restaurants’ notification on new requests for booking banquet halls.

- technical support and a personal manager to place’s each representative and client.

3.2. This Agreement is a public contract. Accessing the Website User is considered to be acceded to this Agreement.

3.3. Website materials and services use is governed by current legislation of Ukraine norms.

4. SERVICES AND USE

4.1. Website Administration has the right to:

4.1.1. Change Website use rules, as well as to modify this Website contents. The changes take effect from the date of Agreement new edition publication on the Website.

4.1.2. Website access restriction to the User who violates this Agreement under the terms stipulated herein.

4.1.3. Change the payment amount for paid services. Payment change does not extend to Users who have registered before date of payment amount change, except cases additionally stipulated by the Administration.

4.1.4. Administration reserves the right to change information introduced by Website Users without changing the information essence.

4.2. User - Client registration on the Website and use procedure:

4.2.1. User - Client may receive information published on the Website. Also, the User-Client has the opportunity to sign up on the Website by making a set of successive actions on completing the registration form electronically (an integral part of this Agreement), as a result of which such person becomes the registered User – Client, gets a personal login and password to obtain a possibility to make orders by restaurant’s pre-reservation for a banquet, the information about which is available on the Website. If User – Client’s order has been rejected for any reason or taken, but subsequently rejected, Website administration can offer User - Client restaurant’s equivalent substitute.

4.2.2. Registered User - Client has the opportunity to post comments, responses, and suggestions based on visited places which are posted on the Website.

4.2.3. User-Client is recommended to indicate the actual data for communication with the User - Client, for correct communication with the restaurant’s representative for booking coordination with the User - Client.

4.2.4. Website Administration is not responsible for provision places on booking.

4.2.5. User - Client who is registered on the Website is considered to be a Party to this Agreement.

4.3. User - Banquet Manager Registration and Website use procedure:

4.3.1. User - Banquet manager must pass a free registration for the Banquet Managers by making a set of successive actions for completing the registration form in electronic form (an integral part of this Agreement), after passing which, the User - Banquet Manager receives registration confirmation SMS.

4.3.2. After receipt of confirmation SMS on User - Banquet Manager registration, the latter takes access to the following Website services:

- personal profile of the restaurant, where User - Banquet Manager has the opportunity, on their own, to fill in all necessary information about the restaurant, including posting photos, 3D videos, features, description, cost, additional services, available seats number, address and location on map. When completing profile the User - Banquet Manager is obliged to specify the actual information about the restaurant.

- User - Banquet Manager has access to the calendar, where the reserved dates in this or that restaurant hall will be marked.

- User - Banquet Manager may take orders for restaurant’s any hall reservation represented on the Website. It happens the following way: registered User - Client sends a request on "Pre-booking" and the request is sent to Restaurant Banquet Manager. The request comes to email specified in the restaurant profile, and contact phone number, with notification about new reservation for a specific hall. For reservation details please follow to the restaurant’s profile. In the profile of registered User - Banquet Manager the information about customer, reservation date, hall name, number of persons and two buttons "book" or "reject" is displayed. If User - Banquet Manager takes an order, Client - customer contact data are opened for them. The User - Banquet Manager undertakes to contact User - Client as soon as possible to clarify the reservation details. In this case, the reserved date is automatically marked on a specific hall calendar and commission for Website services rendered at the rate of 10% of the amount, which is formed according to the formula: number of guests, indicated by customer multiplied by the minimum amount per person for banquet claimed by the restaurant, is conventionally frozen.

4.3.3. If User - Banquet Manager rejects the order - Client contact data remain not available for them.

4.3.4. User - Banquet Manager can order online advertising at an agreed price, the selected location, advertising period, territory of Ukraine. Advertising is carried out on 100% advance payment, according to the chosen tariff.

4.3.5. Website Administration is not responsible for clients’ availability.

4.3.6. User - Banquet manager who registered on the Website is considered to be a Party to this Agreement.

4.4. User - Banquet Manager is prohibited:

- to leave their and any other contact data, links, e-mails, etc. (except restaurant’s address). If there were left contact data - they will be removed at moderation.

- to add information which is illegal, violates any rights of third parties; promotes violence, cruelty, hatred, and (or) discrimination on racial, ethnic, sexual, religious, social grounds; contains false information and (or) insults concerning specific individuals, organizations and governments.

- to impersonate another restaurant’s representative without sufficient rights, as well as this Website employees.

- to make a false representation about the restaurant’s details, posted on the Website.

- to make incorrect comparison of restaurants, as well as form negative attitude towards people who do not visit certain restaurants, or such persons blame.

4.5 All Website Users are prohibited:

- to use any devices, software, procedures, algorithms and methods, automatic devices or equivalent manual processes for unauthorized access, acquisition, copying or monitoring Website content;

- to disrupt Website proper functioning;

- to bypass Website navigational structure in any way to obtain or attempt to obtain any information, documents or materials by any means, which are not specifically represented by Website services;

- to carry out an unauthorized access to the Website functions, any other systems or networks related to this Website, as well as to any services offered on the Website;

- to violate security or authentication system on the Website or any network related to the Website.

- to perform a backward search, track or try tracking any information on any other Website User.

- to use Website and its Content for any purpose prohibited by the legislation of Ukraine, as well as to incite any illegal activity or other activity violating Website or other persons’ rights.

4.6. Website Users Obligations

- to provide upon Website Administration request the additional information, which is directly related to the services provided on this Website.

- to respect authors’ property and non-property rights and other right holders when using the Website.

- not to take actions that might be considered as violating Website normal operation.

- not to spread any confidential and protected by the legislation of Ukraine information about individuals or legal persons using Website.

- not to use Website for the advertising information dissemination, without Website Administration’s consent.

4.7. Additional responsibilities of Users - Banquet managers:

- to provide correct contact data when registering;

- to fill the restaurant’s page with relevant information only;

- to mark dates and days booked not on the Website timely;

- to make timely payments for the services provided by Website;

- not to post contact information on the restaurant’s page.

5. CONFIDENTIALITY

5.1. Website Administration when User Personal information processing undertakes to take all organizational and technical measures to protect User Personal information from unauthorized or random access, destruction, modification, blocking, copying, distribution, and other illegal actions of third parties with it. However, it is possible that as a result of Website malfunction, virus or hacker attack, technical failures and other circumstances, User Personal information may become available to other persons. The User understands it and agrees that they will not raise a claim to the Website Administration thereby.

5.2. User agrees that their Personal information contained in User Profile is public, and any Website User may familiarize with it.

5.3. User agrees that Website Administration collects, keeps and performs other actions on User Personal data processing for the following purposes:

- Party identification within agreements and contracts with Website Administration;

- Communication with User, including sending notifications, requests and information concerning Website use, services provision, as well as User’s requests and orders processing;

5.4. By posting their Personal information on the Website, the User confirms that this is a voluntary action, and they provide this information voluntarily to Website Administration.

5.5. The User undertakes not to post other persons’ personal information on the Website and not to use other Users’ personal information, in any way not corresponding to Ukrainian legislation requirements, for illegal or unlawful purposes, in order to reap the benefits, and for any other purposes which don’t meet Website creation objectives.

5.6. User can change (update, complement) personal information or its part provided by them at any time. The User can also remove Personal information provided. Such removal may result in the inability to use certain Website functions.

6. TERMS OF PAYMENT

6.1. For restaurant every reservation for a banquet (its hall), User - Banquet Manager is obliged to pay a commission to Website.

6.2. Commission is amount calculated the following way - 10% of the amount, which is formed according to the formula: number of guests (indicated by client) multiplied by the minimum amount per person for banquet claimed by the restaurant.

6.3. User - Banquet Manager is obliged to make payment the next day after banquet. Payment is made by cashless settlement in any of the ways proposed on the Website.

6.4. If within three days after the banquet User - Banquet Manager does not make a payment – Website Administration has the right to delete publication and block this restaurant’s page for non-fulfilment of the user agreement. To return to the restaurant’s page publication without losing rankings User - Banquet Manager must pay full amount of debt to the Website.

7. DISCLAIMER

7.1. Any losses which User may suffer in case of intentional or careless violation of this Agreement any provision, and because of unauthorized access to other User’s communications, shall not be reimbursed by the Website Administration.

7.2. Website Administration is not responsible for:

7.2.1. Delays or failures in transaction process, resulting from force majeure, and any defects cases in telecommunication, computer, electrical, and other related systems.

7.2.2. Transfer systems, banks, payment systems actions and delays associated with their work.

7.2.3. Website proper functioning, if User does not have the necessary technical means for its use, and is under no obligation on supplying users with such means.

7.2.4. Website Administration is not responsible for content of the information posted by Website Users.

7.2.5. In case of payment terms violations, in accordance with this agreement, the User - Banquet Manager, in addition to the commission amount is also required to pay Website administration the penalty at a double NBU discount rate from the commission amount for each day of delay and a fine of 10% of the commission amount.

8. UNLAWFUL AND PROHIBITED USE

8.1. Website Administration has the right to disclose any information gathered about this Website User if disclosure is necessary in connection with an investigation or a complaint concerning Website misuse or to determine User identity (identification), who may violate or interfere with Website Administration or other Website Users rights.

8.2. Website Administration may, without User’s prior notification to terminate and (or) block access to the Website if User has violated this Agreement or Website use terms contained in other documents, and in case of Website work termination or because of a technical failure or problem.

8.3. This Website Administration shall not be liable to User or any third party for termination of access to the Website if User violates any provision of this Agreement or any other document containing use terms.

9. DISPUTES

9.1. In case of any disagreement or dispute between the Parties to this Agreement, a compulsory condition before applying to the court is claim presentation (written proposal for dispute voluntary settlement).

9.2. Claim recipient notifies the claimant in writing on claim outcome within 30 calendar days from the date of its receipt.

9.3. If it is impossible to resolve the dispute on a voluntary basis, any party may apply to the court for their rights protection, in accordance with the current legislation of Ukraine.

10. ADDITIONAL TERMS

10.1. Website Administration does not accept counter-proposals from the User concerning this User Agreement changes.

10.2. All users comments posted on the Website are not confidential information and may be used by Website Administration without restrictions.

Updated:
01 july 2016 y.