Before you continue
CONDITIONS OF USE
Last updated: 01 November 2020
Welcome to MyGuide-Network.com My Guide Corporation BV. and/or its affiliates ("My Guide") offer you website functions and other products and services when you visit or buy from My Guide branded pages, use My Guide Network products or services, use My Guide Network platforms for mobile devices or use the software provided by My Guide Network in connection with any of the above (collectively, "My Guide Network Services"). My Guide Network provides the Services to you on My Guide branded pages subject to the following conditions.
By using My Guide Network's Services, you accept these conditions. Please read them carefully.
As a prior and essential condition for the use of My Guide Network's Services, the User must read, understand, and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies.
Through the website and/or virtual platform for mobile devices (from now on, the "Platform"), My Guide Network facilitates the link between companies / independent businesses (from now on, the "Independent Businesses") and human persons who require a cadet service (from now on, the "Users"). The service to be provided by the Independent Businesses to the Users for the purposes of the present General Terms and Conditions", executed through a mandate contract, where the "Independent Businesses" act as a mandator and the User is constituted as the mandator in said relationship. The Platform constitutes a mechanism of communication between Independent Businesses and Users. Likewise, you acknowledge that My Guide Network does not provide any delivery, transport, or logistics services. The Independent Shops provide the Chain Store Service at their own risk and free My Guide Network from any responsibility that may arise during the provision of this service.
Through the Platform, My Guide Network also facilitates the link between Users and a series of shops that exhibit their products or services through the same (hereinafter, the "Partner Shops"), so that users can enter into contracts of sale or provision of services with said Partner Shops.
LICENSE AND ACCESS
You may need your own My Guide Network account to use certain My Guide Network Services, and you may need to log in to the account and have a valid payment method associated with it. If there is a problem with the payment method you selected, we may apply the charge to any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you accept responsibility for all activities that occur under your account or password. My Guide Network markets products to minors, but sells them to adults, who can purchase them with a credit card or other authorized payment method. If you are under 18, you may use My Guide Network's Services only with the supervision of a parent or guardian. Parents and guardians can create profiles for teenagers on their My Guide Network Household. The lists of alcoholic products on My Guide Network are intended for adults. To purchase alcohol or use any site functionality related to alcohol products you must be at least 21 years old. My Guide Network reserves the right to refuse service, terminate accounts, cancel your rights to use the My Guide Network Services, remove or edit content, or cancel orders in its sole discretion.
When you use any My Guide Network Service or send us emails, text messages, and other communications from your mobile or desktop device, you are communicating with us electronically. You consent to receive electronic communications from us through emails, text messages, automatic mobile device alerts, notices, and messages from this site or through other My Guide Network Services, such as our Message Centre, copies of which you may keep for your records. You agree that all agreements, notices, representations, and other communications that we provide to you electronically meet the same legal requirements as if they were in writing.
All content included in or available through any My Guide Network Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of My Guide Network or its content suppliers and is protected by the UK and international copyright laws. All content included in or available through any My Guide Service is the exclusive property of My Guide Network and is protected by the UK and international copyright laws.
In addition, the graphics, logos, page headers, button icons, scripts, and service names included in or available through any My Guide Network Service are trademarks or trade dress of My Guide Network in the United Kingdom and other countries. My Guide Network's trademarks and trade dress may not be used in connection with any product or service that is not My Guide Network's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits My Guide Network. All other trademarks not owned by My Guide Network that appear on any My Guide Network service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by My Guide Network.
One or more patents owned by My Guide Network are applicable to the My Guide Network Services and to the functions and services available through the My Guide Network Services. Some parts of the My Guide Network Services operate under the license of one or more patents.
PAYMENT AND INVOICING TERMS
In order to pay for the products and/or services that Users acquire from Partner Stores and/or other shops, as well as for the Chauffeur's Service, Users must enter information related to their credit card or payment instrument on the Platform, and order payment through the same for each transaction. Users hereby declare and guarantee that this information is correct and that they are authorized to use the payment instrument in question. My Guide Network will inform you of the fees applicable to the Chain Service in accordance with the demand for services that are active at that time on the Platform. The User accepts that the Partner Commerce will inform and calculate these fees. These fees will be charged directly by My Guide Network automatically, through the Platform. The fees charged by the Chain Service will not be refundable.
The prices of the products and/or services offered by the Partner Shops will be displayed on the Platform according to the information provided by the Partner Shops, before each transaction. These prices will include all possible surcharges for taxes, additions, etc., applicable to each transaction; and will be charged to the User directly by the Partner Shops via the Platform. Once the Delivery Service has been completed, My Guide Network will send an email to the User with a summary of the journey made, a detail of the goods delivered, and a description of the date and time of delivery and the total amount to be paid, including taxes (from now on, the "Summary"), which will be considered accepted unless the User objects on a reasoned basis within 2 (two) hours of having received it. The Summary shall be valid for tax purposes and may be presented to the relevant authorities.
As established by current tax regulations, the User must demand a ticket or invoice from the partner business and other businesses as proof of the operation carried out. Given that the platform is a meeting point for users, independent businesses, partner businesses, and other businesses, and that My Guide Network does not participate in the operations carried out between them, the partner business and the other businesses will be solely responsible for all the obligations and tax charges corresponding to the sale of products and/or services offered by them, without My Guide Network being held responsible for non-compliance of any kind.
The User, as the holder of the credit card registered on the Platform, is responsible for the data provided at the time of the request and/or reservation of the selected Chain Service and is the only party obliged to pay the issuer of the card. Any lack of knowledge must be made to the credit card issuer in accordance with the provisions of the Credit Card Law No. 25,065.
My Guide Network reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amounts owed by the User through the Platform. My Guide Network reserves the right to modify, change, add, or eliminate the current fees, at any time, which will be notified to the User.
INTELLECTUAL PROPERTY CLAIMS
My Guide Network respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us immediately.
RISK OF LOSS
All purchases of physical My Guide Network products are made in accordance with a shipping contract. This means that the risk of loss and title to those products pass to the Partner Commerce from the moment we deliver them to the carrier.
RETURNS, REFUNDS, AND OWNERSHIP
My Guide Network at our discretion proceeds with a refund. Refunds can be processed without the need for a return. In this situation, My Guide Network does not assume ownership of the refunded product. For more information on our returns and refunds, please consult our Contact Centre.
My Guide Network tries to be as accurate as possible. However, My Guide Network does not guarantee that the product descriptions or the content of any other My Guide Network Service are accurate, complete, and reliable, nor that they are up to date or free from errors. If a product offered by My Guide Network does not comply with the description, the only solution will be to return the product without using it.
CLAUSE TEN: DATA PROTECTION
The Personal Data that you provide in the Register will be integrated into a personal database for which My Guide Network is responsible, the address of which appears in the heading of this document.
The "List Price" refers to the suggested retail price of a product as provided by a Partner Store. We regularly compare the list prices with the prices recently found in My Guide Network and other shops. Some products may show a "Previous Price", which is determined using the recent pricing history of the product in My Guide Network.
Concerning products sold by My Guide Network, we cannot confirm the price of a product before you place your order. Despite our best efforts to avoid this, a small portion of the products in our catalog may be incorrectly priced. If the correct price of a product sold by My Guide Network is higher than that shown on the page, we will, at our discretion, either contact you before sending the product or cancel the order and notify you of the cancellation. Other Merchant Partners may have different policies regarding incorrectly priced products.
CLAUSE SEVEN: LIABILITY
My Guide Network only provides the User with a virtual space that allows them to communicate with Partner Shops through the Platform to request Chain Store Services. My Guide Network does not intervene in perfecting the operations carried out between the Partner Shop and the User, and therefore will not be responsible for the quality, quantity, state, integrity, or legitimacy of the goods transported, nor for the capacity or guarantee of the veracity of the personal data entered by them. This is without prejudice to My Guide Network's obligation to rectify, update or delete incorrect data and other obligations laid down in Law No. 25,326 and its Privacy Policies.
It is also clarified that My Guide Network is not a party to the purchase-sale operations that may occur within the framework of the Platform between the User and the Partner Companies or other companies. In this context, My Guide Network also has no interference with and will not be responsible for the products and/or services of the Partner Merchants or other merchants accessed through the Application, including, but not limited to, characteristics of the same, conditions of acquisition, delivery and/or applicable promotions, all of which is defined by the Partner Merchant or other merchants, and agreed to by the User. Any requirement or claim in this regard must be made to the Allied Trade or corresponding commerce through our online Contact Center.
My Guide Network does not guarantee, nor does it adhere to, nor assume responsibility for any product, or service advertised or offered by a third party through the platform or other sites accessed through the links in the application, or that appear advertised on any poster or image within the application. Neither with the purchase of a product or service through any means or under any circumstances, you should use your best judgment and exercise caution if necessary.
The User knows and accepts that, when carrying out operations with the My Guide Network, with the Commerce Partner and other businesses, they do so at their own risk. In no case will My Guide Network be responsible for lost profits, or for any other damage and/or harm that the User, the My Guide Network, the Commerce Partner, the other businesses, or any other person may have suffered due to the use of the Platform.
The User must use the Platform responsibly, verifying in all cases that the operations and amounts indicated on the screen correspond. Orders placed through the Account may not be reversed, revoked, or canceled by the User, except as expressly provided for in these General Terms and Conditions.
My Guide Network recommends acting with prudence and common sense when using the Platform. In the event that one or more Users or any third party initiate any type of claim or legal action against a My Guide Network, a Commerce Partner, or any other commerce, every one of those involved in said claims or actions will exempt My Guide Network, its related companies, directors, partners, employees, representatives, attorneys-in-fact, and agents from any responsibility.
The Platform may contain links and/or references to other applications or websites of third parties (hereinafter referred to as "Linked Sites"), which does not indicate that they are the property of My Guide Network or operated by My Guide Network. The installation of these links or references on the Platform is limited to facilitating the User's search and access to the information available there. By virtue of the fact that My Guide Network has no control over such applications and sites, My Guide Network will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused to Users, Independent Businesses, Partner Businesses or other businesses by the use of them. The presence of links to other platforms or web sites does not imply a partnership, relationship, approval, and/or support by My Guide Network of these platforms or sites and their contents. If you decide to leave the Platform and access the Linked Sites, you understand that you do so at your own risk. The connection that the User makes with other Linked Sites is entirely under the responsibility of said User. My Guide Network has not controlled the Linked Sites in any way and is not responsible for the content, accuracy or authenticity expressed in these websites. The inclusion of these links in the Platform does not imply approval or endorsement by My Guide Network of the Linked Sites, their entities, or products and services. The User accepts that, in the event of non-compliance or defective provision by the third party involved, the User will only claim against the said third party, leaving My Guide Network unharmed, which will not be part of said relationship.
In no case will My Guide Network be responsible for direct, indirect, unforeseen, mediate or punitive damages (even if My Guide Network was warned of such damages), resulting from any aspect of the use that the user makes of the application, whether the damages arise from the use or misuse of the software or the My Guide Network service, from the inability to use the software, or from the interruption, suspension, modification, alteration or cancellation of the software. This limitation will also be applicable in relation to the damages incurred as a result of other services or products received through or in relation to the platform or the sites linked to the platform, as well as because of the information or advice received through the platform or advertised in relation to these or one of the sites linked to the application. The above limitations shall apply to the maximum extent permitted by law.
When you use pages created by My Guide Network, such as the My Guide Network platform or the My Guide Network platform, you can grant us certain permissions for your device. Most mobile devices provide you with information related to these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any My Guide Network Service if you have sanctions in the EU, or sanctions coinciding with European Community law imposed by the Governments of the country in which you are using the My Guide Network Services. You must comply with all EU export and re-export restrictions or other restrictions that may apply to goods, software (including My Guide Network Software), technology, and services.
Other parties, other than My Guide Network, operate shops, provide services or software, or sell product lines through the My Guide Network Services. In addition, we provide links to the websites of affiliated companies and other businesses. If you purchase any of the products or My Guide Network offered by these businesses or individuals, you are buying directly from a third party, not from My Guide Network. We are not responsible for examining, evaluating, or guaranteeing the products offered by any of these businesses or individuals (including the content of their websites). My Guide Network assumes no responsibility for the actions, products, and content of any of them or any other third party. Please read their privacy statements and other conditions of use carefully.
DISCLAIMER OF WARRANTIES AND LIMIT OF LIABILITY
The My Guide Network services and all information, content, materials, products (including software), and other services included in or otherwise made available to you through the My Guide Network services are provided by My Guide Network on an "as is" and "as available" basis unless otherwise specified in writing. My Guide Network does not guarantee or make any statement of any kind, express or implied, regarding the operation of My Guide Network's services or the information, content, materials, products (including software), or other services included or otherwise made available to you through My Guide Network's services unless otherwise specified in writing. You expressly agree that your use of My Guide Network's services is at your own risk.
To the extent permitted by law, My Guide Network disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. My Guide Network does not guarantee that My Guide Network's services, information, content, materials, products (including software), or other services included or otherwise made available to you through My Guide Network's services, My Guide Network's servers or electronic communications sent from My Guide Network, are free from computer viruses or other harmful components. To the extent permitted by law, My Guide Network will not be liable for any damage arising from the use of any My Guide Network service, or from any information, content, material, product (including software), and other services included or otherwise made available to you through any My Guide Network service, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.
CLAUSE NINE: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User recognizes and accepts that all the intellectual and industrial property rights over the contents and/or any other elements inserted in the Platform (including, without limitation, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio, and video), belong to My Guide Network.
My Guide Network authorizes the User to use, visualize, print, download, and store the contents and/or elements inserted in the Platform exclusively for his/her personal, private, and non-profit use, abstaining from carrying out any act of decomplication, reverse engineering, modification, dissemination or supply. Any other use or exploitation of any content and/or other elements inserted in the Platform other than those expressly provided for herein will be subject to the prior authorization of My Guide Network.
Any dispute or claim related, in any way, to the use of any My Guide Network Service, or to any product or service sold or distributed by My Guide Network or through My Guide Network .com will be resolved by binding arbitration, in lieu of a court of law, unless you bring the claims before a small claims court if such claims qualify. The Federal Arbitration Laws will apply to this agreement.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. Arbitration will be conducted by the French Association of Arbitration according to its rules, including the AFA's supplementary procedures for customer-related disputes. Payment of all filing fees, administration fees, and arbitrator's fees will be made in accordance with the rules of the AFA. Further, My Guide Network will not seek payment of attorney's fees or arbitration costs unless the arbitrator determines that the claims are unfounded. You may elect to have the arbitration conducted by telephone, based on written documentation, or in person, either in the county where you reside or at a location agreed upon by the parties.
You and we agree that any dispute resolution will be conducted on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim is made in court rather than by arbitration, both parties waive the right to a jury trial. Both we and you agree that the other party may bring an action for infringement or misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
My Guide Corporation BV
1062 EA Amsterdam
ADDITIONAL TERMS FOR MY GUIDE NETWORK SOFTWARE
The following terms ("Software Terms") apply to any software (including software updates) and any related documentation that we make available to you in connection with the My Guide Network Services (the "My Guide Network Software").
USE OF MY GUIDE NETWORK SOFTWARE
Unauthorized reverse engineering. You may not reverse engineer, disassemble or decompile, manipulate or circumvent the security mechanisms associated with the My Guide Network Software, either in whole or in part.
Updates. We can offer automatic or manual updates of the My Guide Network Software at any time and without notice.
On the date of acceptation of this terms and condition via My Guide Connect APP, the "Restaurant" will be registered in the digital platform called "My Guide Network" and / or its denominated Local Partners - Franchisees, hereinafter "MGN", through which the "Commercial Partner" will make sales and/or reservations under the terms and conditions specified in point RESPONSIBILITIES OF THE "COMMERCIAL PARTNER", and which will have the purpose of promoting its products and services, as indicated below.
"MGN" has a virtual platform where consumer products are exhibited and where it allows access to Consumers for their knowledge and request of orders by them. (b). The display of consumer products serves as a reference for Consumers for their purchase and reception through a system of addresses. (c). The platform links third parties as Agents, who manage orders requested by the users so that the latter acquire the consumer products displayed by the Commercial Partner. (d). The platform's technology allows Consumers to request this type of product directly from the Commercial Partner, which is done by means of a mandate contract between Consumers and Commercial Partners, whose order consists of a sales contract or any other type of legal contract, for the purpose of acquiring goods or services.
The operating mode for the Restaurants will be Cashless, i.e. the order enters the shop of the Commercial Partners through the "MGN" Platform, which, through a Tablet or similar system, signals the product to be cooked - prepared by the staff of each restaurant.
The Commercial Partner declares to know and accept the terms and conditions of use to which the Consumers are subject to use the "MGN" platform. The service operates as a virtual shop, where Consumers enter the Platform to request a paid mandate, whose assignment consists of the conclusion of a sales contract or any other type of legal contract, with the purpose of acquiring goods or services. Once the order is requested, the "MGN" Platform displays the orders of the Consumers to the Commercial Partners and they manage them, as a way of accepting the contract for a paid mandate. The order and selection request depend on the territorial scope of the Commercial Partner interference and on the ability to deliver the products required by the Consumer. When selecting the order, the Commercial Partner is notified by the "MGN" regarding the products and/or services requested, as well as the time, manner, and place of delivery conditions, which are compulsory for the Commercial Partners to comply with the Consumer.
Commercial Partners understands and accepts that "MGN" may unilaterally modify these Terms & Conditions at any time and in any sense.
RESPONSIBILITIES OF THE "COMMERCIAL PARTNER"
By virtue of these terms and conditions the Commercial Partners agrees to:
To use the platform only and exclusively in the terms defined herein;
To provide real and reliable information at the time of filling in the subscription for access to the Commercial Partners Platform;
To deliver the products and/or services to the Consumer in a timely manner and under the terms defined in the transaction;
To inform the "MGN" about any aspect that modifies the conditions of service provision to the Consumers, such as the territory in which they can carry out the domiciles, delivery time, quality of the products, among others;
To respect all the intellectual property elements of the "MGN", and therefore it will refrain from carrying out reverse engineering, decomplication, source code derivation, or similar;
The Agent of the Commercial Partners is obliged to demand the original citizenship card or identity document from the Consumer User when the order he delivers includes alcoholic beverage products. If the Consumer User does not present his identity card to the agent of the Commercial Partner, the latter is obliged not to deliver the said products.
The authorized agents of "MGN" for these purposes are firstname.lastname@example.org
Send to "MGN" (mail: email@example.com ):
The logo of the Restaurant in AI and JPEG format
Usual and promotional menu of your local / restaurant
Photos of elaborated dishes
Disseminate the link of your shop of the "MGN" platform in the social networks and the website of the "Commercial Partner" and show in the same promotions and benefits to all user partners, during all the time that this agreement is in force.
Deliver and/or publish in your shop the "MGN" platform menu prices to all users associated with the platform.
Commercial Partner undertakes that at the moment of reopening its doors to consumers, it will deliver a minimum of 25% (fifty percent) of the reservation capacity of its tables to the "MGN" Platform
The Commercial Partners hereby agrees that the concept for the use and rental of the Platform
In case of sale of the product and/or service online (the "Commission") on the cost of the Menu will be ten percent (15%) + VAT *subject to changes
In case of reservation generated online by the "MGN" platform (the "Commission") will be of a fixed cost of 1.50 USD (one with fifty American dollars) + VAT per guests per booking. This commission is *subject to change
This payment and/or invoice will be sent to the Commercial Partner every two weeks, on Wednesdays, corresponding to the previous week counted from Monday to Sunday.
In case the Commercial Partner purchases an annual commission free fixed packedge, this payment and/or invoice will be sent to the Commercial Partner before initiating the service hire.
The Commercial Partner, in case the Consumer requests it, must give the user the invoice of the establishment where he purchased the products. The Agent must inform the Consumer that, at the e-mail address registered at the "MGN" Platform, proof of purchase must be sent, detailing the numbers of the transaction carried out.
The "MGN" in the Platform exhibits multiple products and/or services of multiple references and brands, this exhibition informs in a general way the characteristics of the products as a brand, type of product, and presentation. Consumers select the products they wish to purchase based on this information, using it as a reference. For this reason, the Commercial Partners must tend to deliver to the Consumers products identical to those selected for purchase by the Consumers.
If it is not possible to deliver products identical to those selected by the Consumers, it must communicate with the Consumer in order to propose alternative products or services, subject to the latter's approval.
The Commercial Partner understands, knows, and accepts that the contractual relationship that binds him/her to the Consumer is a legal relationship of the mandate, for this reason, he/she is obliged to comply with the obligations prescribed in the regulations for this type of contractual relationship.
The Commercial Partners acknowledges and accepts that he carries out the order in favor of the Consumer at his own risk, freeing him from any kind of responsibility for events occurring during the execution of the order.
The Commercial Partner acknowledges and accepts that the duration of this commercial agreement is a minimum period of three months from the date of acceptance of the terms and conditions via the My Guide Connect web application. The present authorization for the use of the technology and/or promotion by "MGN" is indefinite and/or notwithstanding. "MGN" may unilaterally terminate and/or suspend the authorization to use its technology at any time if it so wishes and if "Commercial Partner" does not comply with the accepted terms and conditions.
ORIGIN OF THE PRODUCTS
The Commercial Partners guarantees to the "MGN" and to the Consumers that the origin of the products that it is obliged to deliver is legal, these must be products legitimately acquired from certified suppliers and recognized by the brands of the products, therefore, it will abstain from acquiring for delivery, imitations, plagiarism, contraband and other products that do not comply with the specifications defined in the present terms and conditions, or that are products outside the law and not marketable.
CONDITIONAL OBLIGATIONS OF THE "MGN" PLATFORM
The Company, for its part, undertakes the following:
In conjunction with "Commercial Partner", to promote the virtual shop and the Restaurant that is part of the Platform itself, by means of different types of advertising:
Publication of a profile of the "Business Partner" on Instagram and Facebook, and its corresponding promotion, both of the associated benefits and of the Restaurant, on the social networks and media allied to the "MGN" Platform.
Publication of the dishes that make up the menu on the blog of the event's website.
The Parties hereby agree that the Restaurant does not pay the "MGN" Platform any additional cost for being a "Business Partner" of the same.
In addition to the media plan, a promotional campaign will be carried out in parallel.